INDEX. The references are to the sections. ABANDONMENT. See APPROPRIATION; LICENSE. of rights in artificial watercourses, 213, 238, 239. of water, by discharge into natural stream, 238, 375. burden of proof to establish, 239. of mill, owner liable at law to those injured by maintaining dam, 584. ABATEMENT, of public nuisance, 121, 128, 364, 365. damages to compel, 210, note, 415, note. by private persons, when, 363-365. does not preclude recovery of damages for prior injuries, 128, note, 364. is justifiable only against wrong-doer, 364. must be made in least injurious manner, 364, 365. and without breach of the peace, 128, 363. materials of the structure abated cannot be wantonly destroyed or may be made, although greater injury is done than the removal of right to enter upon another's land for the purpose of clearing a threatened, may be restrained by injunction, 128, note, 549. ACCESS, private right of, defined, 123, 124, 128, 148–154. no public right of, to and from navigable waters, over private lands, compensation for cutting off, to navigable waters, 122, 149-154. private suit at law or in equity to protect, 123–128, 547. relates to front of lot, not sides of dock, 153, 154. right of, not lost by accretions, 155. ACCRETIONS, what are, 155-159. includes seaweed washed ashore, 25, 155. upon tide waters, 155–158. upon fresh navigable waters, 76, 77, 85, 155–159. title to, 155-158. effect of gradual and sudden changes in river channel upon bounda- ries, private and national, 159. how apportioned between different proprietors, 162–165. title to, under grants, 200, 304 a. ACQUIESCENCE, what precludes an action, 212. granting an injunction, 527, 530-533, 554. effect of, in equity, 213, note, 323. to change of river-bed, 159. silence, when it amounts to, 146, 245, note. prescriptive rights, in acquisition of, 332, 532. in loss of, 348-351. on the part of the public, effect of, 533. ACT OF GOD, when a defence for injury to another's land, 232 and note, 248, ACTION. See CASE, ACTION UPON THE; DAMAGES; private, when maintainable against public nuisance, 121-128. by navigators for delay, 125, 126. by those entitled to tolls, 126. for unlawful flowage, 210-212, 371, 372, 386. when successive actions lie, 210. EQUITY; not maintainable for backing upon dam wrongfully erected in part upon defendant's land, 211 b. for diversion, 213–217, 374. for obstruction, 218, 373. for pollution, 219–223, 375. what injury necessary to support, 208, 214, 401-410, 420. survival of, 400. in cases of joint and several torts, 621, note. ADMIRALTY. See COLONIES; NAVIGATION. over the shore, 4. in rivers and lakes, 4, 66, 67. effect of cession of jurisdiction over, to Congress by the States, 33. what this includes, 33. decisions in, as to property in fresh navigable waters, 66. AD QUOD DAMNUM, writ of, when used, 21 and note, 43, 609, note, 616. ADRIFT, when property is, 25, note. ALABAMA, law as to rivers, 74. Mill Act of, 611, 614. ADVERSE POSSESSION. See PRESCRIPTION. ALLUVION. See ACCRETIONS. AMENDMENT, action brought, cannot be changed by, into proceeding under Mill a right incidental to navigation, 20. grant of, may convey shore, 28. APPROPRIATION, the sea incapable of, 1. products of the sea belong to the first occupant, 1. seaweed, when capable of, 25. territorial waters may be appropriated, 2, 3. of seaweed, 25. of uninhabited lands, 30. no superior right, at common law, acquired by, in watercourses, 226, the rule in Massachusetts, 227. in the Pacific States and Territories, prior occupation gives prior right, 228-240. rights of the first appropriator, 228-231, 233. when protected by injunction, 543. rights of subsequent locators, 231, 565. how the appropriation is perfected, 235, 236. what notice necessary, 235, 236. this priority not dependent upon title to the soil, 230. liability for injuries from artificial ditches, 232, 233. purpose of, how far material, 233. right thus acquired, how sold and transferred, 234. change of use, 237. rights of riparian proprietors, 240. abandonment, what amounts to, and effect of, 234, 238, 239. rights of the United States, 240. rights of way under the Act of Congress of July 26, 1866, 240. ARKANSAS, Mill Act of, 623. ARMS OF THE SEA, what are, 4, 5, 19, 42, 62, note. property of sovereign in, 4, 5. jurisdiction over, 4, 5. what are within counties, 4, 5. ownership of, does not justify imposition of tolls, 141. ARTIFICIAL WATERCOURSES. SURFACE WATER. See CANALS; EMINENT DOMAIN; effect of acquiescence in change of a river channel, 159. title ad filum aquae, 196. water of, when abandoned by discharge into a natural stream, 213, 238, 239. rights as to the flow of water in, 161, 225. right to enter for purpose of cleansing, 366, 367. negligence in maintaining, 232. prescriptive rights in, 225, 340, 352. surface water cannot lawfully be collected in, and discharged on neighbor, 271, 274, 279. injunction to prevent obstruction of, 535, 536. abandonment of rights in, 213, 234, 238, 239. ASSIGNEE, of covenants that run with the land, rights of, 301, 302, 447. ASSIZE OF NUISANCE. ASSUMPSIT, when it lies, 469, 470. under Mill Acts, 582. See REMEDIES AT LAW. ATMOSPHERE. See Health. corrupting, remedies for, 212, 541. BACKWATER. See FLOW OF THE STREAM. BALLAST, whether the public may take sand and gravel for, from private BANKS OF RIVERS. See EMBANKING; EMINENT DOMAIN; NAVI- defined, 41, 45. distinguished from shore, 28, 41, 148, note. BANKS OF RIVERS- Continued. no common-law right to use, as incident to navigation or fishing nor for towage, 101. right to enter upon to reclaim stranded property, 102. boom companies have no right to use or flow without compensa- artificial banks, levees, etc., 138, 157. are not "dams," 305, note. BATHING, no common-law right to enter upon the beach of another therefor, BOOMS. See NAVIGATION; RIPARIAN RIGHTS. authority to maintain, not a defence to action for flowage or for BOUNDARIES. See GRANTS; LAKES; NATIONAL AND STATE BOUN- of counties, whether identical with those of the nation or State, 13. of towns and parishes, not presumed to be the same as those of burden of proof lies upon individuals who claim the soil beyond the effect upon, of change in channel, 159. rules for apportioning alluvion, 162–165. presumably, side lines extend to the water, 194. direction of side lines, 194. of exterior lines, 194. control courses and distances, 194, 200. effect of plan upon description, 194. presumption that grant carries as far as grantor owns, 195. upon fresh navigable waters, 196, 198. upon unnavigable and artificial waters, 46, 61, 65, 78, 196. |