POLLUTION, RIVERS, PREVENTION ACTS-continued. prescriptive rights since 1876...194, n. (o) as to rights of impounding and diverting water, 199 as to rights under certain Conservancy Acts and of certain local county councils may enforce provisions of Act in streams passing and Minister of Health may constitute joint committees of all and of Rivers Pollution Prevention (Border Councils) Act, 1898...190, modification of law as to Scotland, 200 application of law as to Ireland, 200 PONDS and pools, definition of, 100 ownership of soil of, 100 ornamental artificial, liability for injury caused by bursting of dams jurisdiction of Commissioners of Sewers, &c., over, 643, 648, 654 privilege of erecting, part of the prerogative of Crown, 62, 440, 577, 578 but may be granted to a subject, 62 statutory provisions as to, 64, 65 ownership of soil of, 62, 65, 578 now generally vested in trustees, 63 limits of, 61, 63, 580 such limits vary according to objects of institution, 61 for fiscal purpose's not the same as for municipal purposes, 35, 61 or for local pilotage or commercial purposes, 61 franchise of, evidence of ownership of sea shore, 33, 63 originally was in Crown, 63-65, 440 removal of wrecks in, 67, 441 duty to repair, 67 English, foreign vessels sailing to, liable to English law, 12 foreign, foreign vessels sailing to and having right of passage within PORTS continued. tolls in, 4, 65-69, 576-587 tolls for anchorage may be taken in, 5, 65-69, 579 See Tolls; Rates; Sea; Port of London, the. PORT OF LONDON, THE provisions of, 63, n. (o) limits of port, 63, n. (o) transfer of the undertakings of London Dock Companies to Port See Navigation; Thames. PRESCRIPTION, definition of, 245, 246 liability to repair sea walls by, 43-46, 655 claim to easements by, 246-254 by lost grant, 245 under the Prescription Act, 247-255 at common law, not superseded by Act, 249 by and against whom claims may be made, 249 necessary elements of enjoyment by, 253 rights in artificial watercourses may be acquired by, 264 right to fish, 361, 365, 367 liability to repair bridges by, 561, 562 and immemoriality as to tolls, 568 See Easement; Ferry; Toll; Prescription Act. PRESCRIPTION ACT, THE (2 & 3 Will. 4, c. 71), by twenty years' enjoyment, 246, 247 forty years' enjoyment gives an absolute right, 248 claim to pollute water of a natural stream is within, 247, n. (i), 259 and the right to keep an opening from a ditch into a stream claim to have water diverted under, 247, n. (k), 248, n. (n), 271, 314 definition of waste water," 314 claim to an easement under, for forty years' enjoyment can only be a claim to a common of fishery in gross is not within, 367 See Easement; Prescription. PRIVATE OR NON-TIDAL RIVERS AND STREAMS, all streams above the flow and reflow of the tide are primâ facie, 91 ownership of soil of bed of, is prima facie in the owners of the presumption that grant of riparian land passes soil ad medium PRIVATE OR NON-TIDAL RIVERS AND STREAMS-continued. construction of conveyance of land described as bounded by a a river running along waste of a manor may be waste, 92, 394 where a stream changes its course, 93, 100 where same owner is proprietor of soil on both sides of a, or of the more than ordinary breadth of, does not affect the limits of islands in, ownership of, 93, 94 effects of shifting islands on right of fishery, 94 presumption of ownership may be rebutted, 92, 94, 100 soil of land covered by, and the right of fishery therein, may rights of owners over bed of, 91, 95-98, 136, n. (d) to protect lands from floods, 95 the right of navigation on, may be acquired by the public by express grant, 98 or dedication, 99 what amounts to dedication, 99, n. (m) and where such right has been acquired, the obstruction of it is the public acquire no right of proprietorship in the bed thereby, nor does it carry with it the right of fishery, 78, 100 claim to a highway for boats over, must be treated as claim to and right of recreation upon, by custom must be confined to the Crown has no right to property in such rivers when made or the public to the fishery, 78, 99 but the Crown has an interest of jurisdiction to reform and weirs in, are not illegal, unless they obstruct navigation, 390, 402 owners of land on, have exclusive right of fishery in, 100, 400 tolls on, 563, 564, 572 rateability of property occupying soil in, 623 rateability of rivers, 625, 626 See Riparian Owner; Navigation; Fishery; Tidal Navigable River. PROFIT A PRENDRE, how distinguished from an easement, 219 a right of fishery in alieno solo is a, 361, 365 a right to draw water from a well is an easement, and not a, 247, PROTECTION from inroads of the sea, 39-47 See Floods; Sea Wall; Commissioners of Sewers; Overflow. PUBLIC HEALTH ACTS, THE, provisions against pollution under, 185, 188 provisions with respect to water supply, 342, 343 powers of urban authorities as to bridges under Act of 1875 trans- PUBLIC HEALTH (SCOTLAND) ACT, 1867, powers of local authority PUBLIC HEALTH (IRELAND) ACT, 1878, what are public wells PUMP, statutory restriction against fouling, 190, n. (r) PURPRESTURE, any unauthorized intrusion or encroachment on soil of sea shore or and may be abated by the Crown or owner of the shore, 24, 49, or restrained by injunction at the suit of the Attorney-General, whether a nuisance to navigation is a question of fact, 24, 99, 391 RAILWAY AND CANAL TRAFFIC ACTS, 1873 AND 1888, THE, RAILWAY COMPANIES, when riparian proprietors, right of, to water engines, 120, 123 liabilities of, for compensation to owners of ferries, and for loss of duties of, as to management and repair of bridges, under Railway RAINFALL, an exceptional, how far an excuse for injury caused by See Vis Major; Overflow; Watercourse; Artificial Watercourse. RAIN-WATER, liability of landowner for bringing on to lands of another by or discharging it from roof of a house by means of a spout or exemptions from liability where damage results from neglect or RATES, rateability of piers, harbours, docks and marine property, 614-625 and there is no distinction between the sea shore and the RATES continued. rateability of piers, &c.-continued. occupiers of land covered with water, how rated under Local of piers, 614, 615 part of a, below low water mark beyond the realm and not built on piles in bed of a river in a parish extending along land occupied by piers from which occupiers had no benefit, floating, rateability of, 622 of docks, 615 wet docks, 615 profits of docks, if rated at all, were formerly rated where but such properties are now rated parochially for earnings apportionment of earnings where docks extend through several occupiers of property capable of beneficial occupation liable test of beneficial occupation, what is, 617, 618 rule, how affected by statutory prohibition from earning rent, persons to whose use certain accommodation in docks is dockyards for Government purposes are exempted, 618 deductions allowable in the assessment of docks, 619-622 and whether the floating bodies have increased rateable value floating piers and docks, 622-625 barges, 623 permanent moorings in the Thames, 623 of wharves, 625 of anchorage and beaconage tolls, 625 of lighthouses and lighthouse tolls, 625 occupier is rateable in respect of annual value of lighthouse, unless lighthouse be in occupation of the Crown, 625 but is not rateable in respect of the tolls, 625 rateability of rivers and ferries, 626, 627 of rivers, 626 where rivers are entrusted to trustees, conservators, &c., they surveyor of a navigation held rateable as occupier of a house, |