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POLLUTION, RIVERS, PREVENTION ACTS-continued.
saving of existing rights, &c., 199

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
authorities, 199

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county councils may enforce provisions of Act in streams passing
through their county under Local Government Act, 1888...197,
n. (u)

and Minister of Health may constitute joint committees of all
administrative counties traversed by a stream, 197, n. (u)
provisions of Mersey and Irwell Joint Committee Act, 1892...190,
n. (r)

and of Rivers Pollution Prevention (Border Councils) Act, 1898...190,
n. (r)

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

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jurisdiction of Commissioners of Sewers, &c., over, 643, 648, 654
See Lakes; Fishery; Overflow.

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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
what is evidence of the existence of an ancient, 69, 578
conservancy of, 63, 440

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
three miles of English coast, not subject to English law, 12
unless by express provision of Act of Parliament, 12

PORTS continued.

tolls in, 4, 65-69, 576-587

tolls for anchorage may be taken in, 5, 65-69, 579
rateability of, 614-623

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
Authority, 351, n. (z)

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
rights to a ferry by, 509

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),
claim to a watercourse under the, 246

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 claim to go on a man's close and take water from a well,
247, n. (k)

and the right to keep an opening from a ditch into a stream
closed, 247, n. (k)

claim to have water diverted under, 247, n. (k), 248, n. (n), 271, 314
claim to waste water allowed to pass from a canal to another canal is
not within, 247, n. (k), 312, 313

definition of waste water," 314

claim to an easement under, for forty years' enjoyment can only be
defeated by proof of licence by deed or writing, 247, 248, 253

a claim to a common of fishery in gross is not within, 367
does not supersede the common law, 249

See Easement; Prescription.

PRIVATE OR NON-TIDAL RIVERS AND STREAMS,

all streams above the flow and reflow of the tide are primâ facie, 91
even though subject to the public right of navigation, 77, 78, 91
the right of navigation gives no right of property or fishery in, 78, 91,
485, 487

ownership of soil of bed of, is prima facie in the owners of the
adjoining lands, ad medium filum aquæ, 78, 79, 91, 392, 394
and the share of each belongs to him in severalty, 91, 394
determination of medium filum where alveus is divided by an
island, 93

presumption that grant of riparian land passes soil ad medium
filum holds good in copyhold as well as freehold grants, 91, 394

PRIVATE OR NON-TIDAL RIVERS AND STREAMS-continued.
ownership of soil of bed of, &c.-continued.

construction of conveyance of land described as bounded by a
river, 92

a river running along waste of a manor may be waste, 92, 394
award under Enclosure Act of waste bordering on a river, effect
of, 92

where a stream changes its course, 93, 100

where same owner is proprietor of soil on both sides of a, or of
a several fishery, he is primâ facie proprietor of the whole
channel, 91, 394

the more than ordinary breadth of, does not affect the limits of
grants on, 92

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
be specially conveyed to a third person, whether he have land
on borders thereof or not, 91, 394

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 by immemorial user or Act of Parliament, 99

or dedication, 99

what amounts to dedication, 99, n. (m)

and where such right has been acquired, the obstruction of it is
a public nuisance, and indictable as in tidal rivers, 99, 485-489
differs from the same right in the sea and tidal waters, in that
the right of passage is limited to the extent of the grant, or
the user proved, 99, 485

the public acquire no right of proprietorship in the bed thereby,
78, 80, 99, 485

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
establish a highway on land, 99, 486

and right of recreation upon, by custom must be confined to
inhabitants of a particular district, 486

the Crown has no right to property in such rivers when made
navigable by Act of Parliament, 78, 99

or the public to the fishery, 78, 99

but the Crown has an interest of jurisdiction to reform and
punish all nuisances in, 99, 489

weirs in, are not illegal, unless they obstruct navigation, 390, 402
the right of fishery in :

owners of land on, have exclusive right of fishery in, 100, 400
See Fishery.

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,
n. (k), 255

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
what are public wells under, 186, n. (m)

provisions with respect to water supply, 342, 343

powers of urban authorities as to bridges under Act of 1875 trans-
ferred to rural district councils by Local Government Act, 1894...
536

PUBLIC HEALTH (SCOTLAND) ACT, 1867, powers of local authority
as to public wells under, 186, n. (m)

PUBLIC HEALTH (IRELAND) ACT, 1878, what are public wells
under, 186, n. (m)

PUMP, statutory restriction against fouling, 190, n. (r)

PURPRESTURE,

any unauthorized intrusion or encroachment on soil of sea shore or
a navigable river is a, 24, 47, 469, 687

and may be abated by the Crown or owner of the shore, 24, 49,
469, 665, 666, 687

or restrained by injunction at the suit of the Attorney-General,
whether it be a nuisance or not, 24, 687

whether a nuisance to navigation is a question of fact, 24, 99, 391
the punishment of, is evidence of the ownership of the sea shore, 33

RAILWAY AND CANAL TRAFFIC ACTS, 1873 AND 1888, THE,
provisions as to traffic on canals and navigable rivers, 321-324

RAILWAY COMPANIES,

when riparian proprietors, right of, to water engines, 120, 123
liabilities of, as to navigation under Railway Clauses Act, 1863 (26 &
27 Vict. c. 92)...505-508

liabilities of, for compensation to owners of ferries, and for loss of
traffic, under Railway Clauses Consolidation Acts (8 Vict. c. 18;
8 Vict. c. 20)...527

duties of, as to management and repair of bridges, under Railway
Clauses Consolidation Act, 1845 (8 Vict. c. 20)...548, 554

RAINFALL, an exceptional, how far an excuse for injury caused by
overflow, 146-151

See Vis Major; Overflow; Watercourse; Artificial Watercourse.

RAIN-WATER,

liability of landowner for bringing on to lands of another by
artificially raising the surface of his own soil, 140, 141

or discharging it from roof of a house by means of a spout or
drip, 141. See Drip.

exemptions from liability where damage results from neglect or
default of third party, 141

RATES,

rateability of piers, harbours, docks and marine property, 614-625
estuaries and arms of the sea are primâ facie extra-parochial, 612
but presumption may be rebutted, 612, 613

and there is no distinction between the sea shore and the
shore of a tidal river as to extra-parochiality, 612, 613
parish extending along the shores of a river, 613

RATES continued.

rateability of piers, &c.-continued.

occupiers of land covered with water, how rated under Local
Government Act, 1858, s. 55...613, 614

of piers, 614, 615

part of a, below low water mark beyond the realm and not
extra-parochial within s. 27 of 31 & 32 Vict. c. 122...14, 614
nor an accretion from the sea, and therefore not rateable, 22,
88, 614

built on piles in bed of a river in a parish extending along
the shore thereof, how rateable, 614

land occupied by piers from which occupiers had no benefit,
not rateable, 614

floating, rateability of, 622

of docks, 615

wet docks, 615

profits of docks, if rated at all, were formerly rated where
they were earned, 616

but such properties are now rated parochially for earnings
collected elsewhere, 616, 617

apportionment of earnings where docks extend through several
parishes, 617

occupiers of property capable of beneficial occupation liable
to be rated at full rateable value without regard to benefit
derived therefrom, 617

test of beneficial occupation, what is, 617, 618

rule, how affected by statutory prohibition from earning rent,
617

persons to whose use certain accommodation in docks is
appropriated not rateable as occupiers, 617, 618
exemption of the Crown from rates, 618

dockyards for Government purposes are exempted, 618
but not tenants of Crown holding for their private
benefit, 618

deductions allowable in the assessment of docks, 619-622
dock property must be valued in communibus annis, 622
of marine property not actually occupying the soil, 622-624
rateability dependent on whether such property is in per-
manent beneficial occupation of the soil, 622, 623

and whether the floating bodies have increased rateable value
of the moorings, 623

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,
machinery, &c., 625

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
are not rateable unless the incorporating Act vests soil in
them, 626

surveyor of a navigation held rateable as occupier of a house,
though tolls exempted from rating by statute, 626
interest on a loan paid to commissioners of a navigation by a
lessee is a rent on which a rate should be calculated, 626

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