upon lakes and ponds, 79-85, 198, 203. what terms limit title to the bank, 197-200. if terms doubtful, how fixed, 23, 318, 318 a. BRIDGES. See MUNICIPAL CORPORATIONS; NAVIGATION; NUISANCE. right of passage over, inferior to public right of navigation, 88. how authorized, 129-137. by implication, 134, note, 137. when indictable, 134. statutes authorizing, how construed, 134, 135. toll-bridges, exclusive rights, 118, 136, 144–146. BURDEN OF PROOF, upon plaintiff to show that a structure near the shore obstructs navi- gation, 122, note. to show private title below tidal high-water mark, 27, 195. to establish a several right of fishery, 183, note. as to abandonment, 239. to establish prescriptive rights, 341. acts authorizing, generally exclude common-law remedies, 582. CASE, ACTION UPON THE. See REMEDIES AT LAW; TRESPASS. the remedy for flowing another's land by a dam, 210. for pollution, 219-223, 375. for detention, 218, 373. for diversion, 213–215, 374. for incidental or negligent injuries, 588, 589. evidence in support of declaration in, 211 b. CHANCERY. See EQUITY. CHANGE OF USE. See PRESCRIPTION. CHANNEL. See FILUM AQUAE. CIVIL LAW. See LOUISIANA; SURFACE Water. under the, rights in the sea and its shores, 3, 30, 168, note. rights in rivers and to use banks of rivers, 47, note, 73, 99, rights as to surface water, 266, 268, 273, 276. levees, 157, 247. implied grants, 361. CLEANSING STREAM. See REPAIRS. liability by prescription, 161. as consideration for toll, 141. COAST, meaning of, 28. COLLISION, responsibility for, 89, note, 96. jurisdiction over, when injury results on land, 33. COLONIES, American, rights of, in tide waters, 30-32. admiralty jurisdiction of, 9, note. COMMERCE. See NAVIGATION. COMMISSIONERS OF SEWERS, powers of, 91. duties of, by whom now performed, 91. COMMON CARRIER, whether ferryman is, 193, note. owner of toll-bridge is not, 115, note. COMMON FISHERY. See FISHERY. COMMON LAW, how far applicable in this country as to tide waters, 18, 30. as to the jus privatum, 18, 20, 32. as to rivers, 41-78. as to lakes and natural ponds, 79–85. ancient jurisdiction of courts of, over territorial waters, 8, 9, note. effect of statutory remedies upon, 579–591. COMPENSATION. See DAMAGES; EMINENT DOMAIN; MILL ACTS. COMPLAINT. See PLEADING; REMEDIES AT LAW. under Mill Acts, 595–600. CONDEMNATION. See EMINENT DOMAIN. CONDITION. See MILL ACTS; STATUTORY REMEDIES. CONDUITS. See ARTIFICIAL WATERCOURSES; PRESCRIPTION; SEV- ERANCE OF TENEMENTS. CONGRESS. See NAVIGATION; STATE; UNITED STATES. CONNECTICUT, title to flats in, 170. Mill Act of, 606. CONSERVATORS OF RIVERS, duties of, 91, 115. liability of, 115, 116. CONSTITUTIONAL LAW. See EMINENT DOMAIN; FISHEry; Leg- validity of Mill Acts, 253, 607, 618. CONSTRUCTION. See GRANTS; STATUTES. CONTINUING INJURY. See DAMAGES; INJUNCTIONS; REMEDIES AT LAW. successive actions for, 210. damages, 210, 259. CONTRACT. See COVENANTS; GRANTS; LICENSE; SPECIFIC PER- CONVEYANCE. See GRANTS; PAROL LICENSE. CORNWALL, property in mines on the sea-coast of, 10. CORPORATION. See EMINENT DOMAIN; LEGISLATUre. when not, 146. for improving navigation, rights and liability of, 115-118, 141–147. liability under Mill Acts, 597. CORRUPTION. See POLLUTION. COUNTY. See BOUNDARIES. what tide waters are within, 4, 5. power of legislature over, and its boundaries, 13 and notes. seaward limits of, at common law, 4, 36, note. under statutes, 13, 16, note. COVENANTS. See EASEMENT; GRANTS; REMEDIES AT LAW; RE- when personal, 300, 301. what run with the land, 161, note, 301, 302, 447. specific performance, 576. of warranty, seisin, and against incumbrances, 303. breaches of, 303, 327, 451-469. taking by eminent domain, when a breach of, 456, 457. CREEKS. See ARMS OF THE SEA; PRIVATE STREAMS; RIVERS. CROWN. See KING. CUSTOM. See EVIDENCE. in whale fisheries, 1. as showing title to the shore, 22. as interpreting ancient grants, 23. when not good, to take sand or shingle from another's estate, 24. or to fish in alieno solo, 85, note, 184. of miners in the West, 240. DAMAGES. See EMINENT DOMAIN; INJUNCTION; STATUTORY REMEDIES. MILL ACTS; as between riparian owners for unreasonable use of the stream, actual damage necessary, 206, 208, 401–424. opinion of witness as to, not admissible, 210, note, 495. for flowage, 210-212. speculative, not allowed, 212, note. profits of mill, 211 b. for breach of covenants, 303, 327. what injury necessary to support action, 208, 214, 221, 401-410. for nuisance, 411–424. to what time computed, 411. where damage is the gravamen of the action, 412-414. exemplary, in case of permanent injuries after judgment for permanent injury not presumed, 420. where, upon a single trespass, the act being wrongful, the dam- in case of continuing trespasses, 210, 211, 423, 424. excessive, when set aside, 495. compensation under statutory proceedings, 244, 582, 615, note. under the Massachusetts system of Mill Acts, 353, 603. DAMS. See FLOW OF THE STREAM; MILL ACTS; PRESCRIPTION; STATUTORY REMEDIES. how authorized, in navigable waters, 33-36. by Congress, 33–35, 130–132. by a State, 32, 34, 35. in unnavigable streams, 110 and note. property in ice forming in mill-pond, 191. DECLARATION. See PLEADING. DEDICATION, of river bank for landing, 105. of stream as a highway, 109, 111, 143, note. DEED. See GRANTS; LICENSE. DETENTION. See CASE, ACTION OF THE; FLOW OF THE STREAM; INJUNCTION. of flowing water, when lawful, 218. DISABILITY, effect of, on acquisition of prescriptive right, 331. DISCOVERY, rights acquired by, in the sea and uninhabited lands, 1, 25, 30. of flats, how proved, 37, 169. of riparian estates, 148, 155, note, 166, 333. DISTRESS, right of, incident to all tolls, 147. DITCHES. See APPROPRIATION; ARTIFICIAL WATERCOURSES; EMI- DIVERSION. See FLOW OF THE STREAM; INJUNCTION; IRRIGATION. to what extent lawful, 213-217. remedies at law for, 213, 215, 369, 373, 374, 383. of appropriated water, 236, 543. injunction against, 213, 215, 510, 534, 536. of public stream, does not open the land reclaimed to entry and sale by warrant and survey, 36, note. DOCKS. See WHARVES. DOMESTIC PURPOSES, what are, 205. DOWER, in accretions, 156. in flats, 169. in fishery, 185. no right of, in use of surplus water of a canal, 241, note. DRAINAGE. See SURFACE WATER. DRAINS. See ARTIFICIAL WATERCOURSES; EMINENT DOMAIN; PRE- |