KFLCC Kingdom Law 2nd Ed.

1222

WATER

WASTE-BOOK

geles v. Pomeroy, 124 Cal. 597, 57 Pac. 585; Herriman Irr. Co. v. Keel, 25 Utah, 96, 69 Pac. 719; Deadwood Cent. R. Co. v. Barker, 14 S. D. 558, 86 N. W. 619; Montecito Val. Wa ter Co. v. Santa Barbara, 144 Cal. 578, 77 Pac. 1113.—Private 'waters. Non-navigable streams, or bodies of water not open to the re sort and use of the general public, but* entire ly owned and controlled by one or more in dividuals.—Public waters. Such as are adapt ed for the purposes of navigation, or those to which the general public have a right of access, as distinguished from artificial lakes, ponds, and other bodies of water privately owned, or sim ilar natural bodies of water owned exclusively by one or more persons. See Lamprey v. Met calf, 52 Minn. 181, 53 N. W. 1139, 18 L. R. A. 670, 38 Am. St. Rep. 541; Carter v. Thurston, 58 N. H. 104, 42 Am. Rep. 584 ; Cobb v. Dav enport, 32 N. J. Law, 369; West Point Wa ter-Power Co. v. State, 49 Neb. 223. 08 N. W. 507; State v. Theriault, 70 Vt. 617, 41 Atl. 1030, 43 L. R. A. 290, 67 Am. St. Rep. 648.— Subterranean waters. Waters which lie wholly beneath the surface of the ground, and which either ooze and seep through the sub surface strata without pursuing any defined course or channel, (percolating waters.) or flow in a permanent and regular but invisible course, or lie under the earth in a more or less immov able body, as a subterranean lake.—Surface waters. As distinguished from the waters of a natural stream, lake, or pond, surface waters are such as diffuse themselves over the surface of the ground, following no defined course or channel, and not gathering into or forming any more definite body of water than a mere bog or marsh. They generally originate in rains and melting snows, but the flood waters of a river may also be considered as surface waters if they become separated from the main current, or leave it never to return, and spread out over lower ground. See Schaefer v. Marthaler, 34 Minn. 487, 26 N. W. 726, 57 Am. Rep. 40; Crawford v. Rambo, 44 Ohio St. 279, 7 N. B. 429; New York, etc., R. Co. v. Hamlet Hay Co., 149 Ind. 344, 47 N. E. 1060; Cairo, etc., R, Co. v. Brevoort (C. C.) 62 Fed. 129, 25 L. R A. 527; Brandenburg v. Zeigler, 62 S. C. 18, 39 S. E. 790, 55 L. R. A. 414, 89 Am. St Rep. 887; Jones v. Hannovan, 55 Mo. 467; Tampa Waterworks Co. v. Cline, 37 Fla. 586, 20 South. 780, 33 L. R. A. 376, 53 Am. St. Rep. 262.—Tide waters. See TIDE.—Water-bail iff. The title of an officer, in port towns in England, appointed for the searching of ships. Also of an officer belonging to the city of Lon don, who had the supervising and search of the fish brought thither. Cowell.—Water-bay ley. In American law. An officer mentioned in the colony laws of New Plymouth, (A. D. 1671,) whose duty was to collect dues to the colony for fish taken in their waters. Probably 'another form of water-bailiff. Burrill.—Wa ter-course. See that title infra. —Water gage. A sea-wall or bank to restrain the cur rent and overflowing of the water; also an in strument to measure w T ater. Cowell.—Water gang. A Saxon word for a trench or course to carry a stream of water, such as are com monly made to drain water out of marshes. Co well.—Water-gavel. In old records. A gavel or rent paid for fishing in or other benefit re ceived from some river or water. Cowell; Blount.—Water-mark. See that title infra. —Water-measure. In old statutes. A meas ure greater than Winchester measure by about three gallons in the bushel. Cowell.—Water ordeal. In Saxon and old English law. The ordeal or trial by water. The hot-water ordeal was performed by plunging the bare arm up to the elbow in boiling water, and escaping un hurt thereby. 4 Bl. Comm. 343. The cold-wa ter ordeal was performed by casting the person suspected into a river or pond of cold water, when, if he floated therein, without any action

ant who has committed waste of the premises. There were anciently several forms of this writ, adapted to the particular circumstances. A book used by mer chants, to receive rough entries or memo randa of all transactions in the order of their occurrence, previous to their being post ed in the journal. Otherwise called a "blot ter." WASTE-BOOK.

WASTORS.

In old statutes. A kind of

thieves.

WATCH, v. To keep guard; to stand as sentinel; to be on guard at night, for the preservation of the peace and good order.

WATCH, n.

A body of constables on

duty on any particular night

WATCH AND WARD. "Watch" de notes keeping guard during the night; "ward," by day. An officer in many cities and towns, whose duty it is to watch during the night and take care of the property of the inhabitants. As designating a commodity or a subject of ownership, this term has the same meaning in law as in common speech; but in another sense, and especially in the plural, it may designate a body of water, such as a river, a lake, or an ocean, or an aggregate of such bodies of water, as in the phrases "foreign waters," "waters of the United States," and the like. Water is neither land nor tenement nor sus ceptible of absolute ownership. It is a mov able thing and must of necessity continue com mon by the law of nature. It admits only of a transient usufructuary property, and if it es capes for a moment, the right to it is gone for ever, the qualified owner having no legal power of reclamation. It is not capable of being sued ,for by the name of "water," nor by a calcula tion of its cubical or superficial measure; but the suit must be brought for the land which lies at the bottom covered with water. As w r a ter is not land, neither is it a tenement, because it is not of a permanent nature, nor the sub ject of absolute property. It is not in any pos sible sense real estate, and hence is not em braced in a covenant of general warranty. Mit chell v. Warner, 5 Conn. 518. —Coast waters. See COAST.—Foreign wa ters. Those belonging to another nation or country or subject to another jurisdiction, as distinguished from "domestic" waters. The Pilot. 50 Fed. 437, 1 C. C. A. 523.—Inland •waters. See INLAND.—Navigable waters. See NAVIGABLE.—P ercolating waters. Those which pass through the ground beneath the surface of the earth without any definite channel, and do not form a part of the body or flow, surface or subterranean, of any water course. They may be either rain waters which are slowly infiltrating through the soil or wa ters seeping through the banks or the bed of a stream, and which have so far left the bed and the other w T aters as to have lost their char acter as a part of the flow of that stream. Vineland Irr. Dist. v. Azusa Irr. Co., 12G Cal. 4S0, 58 Pac. 1057. 46 L. R. A. 820; Los An WATCHMAN. WATER.