KFLCC Kingdom Law 2nd Ed.

1223

WATER

WAY

of swimming it was deemed an evidence of his guilt: but, if he sunk, he was acquitted. Id. —Water-power. The water-power to which a riparian owner is entitled consists of the fall in the stream, when in its natural state, as it passes through his land, or along the boundary of it; or, in other words, it consists of the dif ference of level between the surface where the stream first touches his land, and the surface where it leaves it. McCalmont v. Whitaker, 3 Rawle, (Pa) 90, 23 Am. Dec. 102.—Water right. A legal right, in the nature of a cor poreal hereditament, to use the water of a nat ural stream or water furnished through a ditch or canal, for general or specific purposes, such as irrigation, mining, power, or domestic use, either to its full capacity or to a measured ex tent or during a defined portion of the time. See Hill v. Newman, 5 Cal. 445, 63 Am. Dec. 140; Cary v. Daniels, 8 Mete. (Mass) 480, 41 Am. Dec. 532; Canal Co. v. Hess, 6 Colo. App. 497, 42 Pac. 50.—Waterscape. An aqueduct or passage for water.—Waters of the United States. All waters within the United States which are navigable for the purposes of com merce, or whose navigation successfully aids commerce, are included in this term. The Dan iel Ball. 6 Fed. Cas. 1161. WATER-COURSE. A natural stream of water fed from permanent or periodical nat ural sources and usually flowing in a par ticular direction in a defined channel, hav ing a bed and banks or sides, and usually discharging itself into some other stream or body of water. Los Angeles v. Pomeroy, 124 Cal. 597, 57 Pac. 587; Chamberlain v. Hem ingway, 63 Conn. 1, 27 Atl. 239, 38 Am. St. Rep. 330; Ribordy v. Murray, 177 111. 134, 52 N. E. 325; Rait v. Furrow, 74 Kan. 101, 85 Pac. 934, 6 L. R. A. (N. S.) 157; Dickin son v. Worcester, 7 Allen (Mass.) 19; Earl v. De Hart, 12 N. J. Eq. 284, 72 Am. Dec. 395; Barkley v. Wilcox, 86 N. Y. 140, 40 Am. Rep. 519; Simmons v. Winters, 21 Or. 35, 27 Pac. 7, 28 Am. St Rep. 727. There must be a stream usually flowing in a particular direction, though it need not flow con tinually. It may sometimes be dry. It must flow in a definite channel, having a bed, sides, or banks, and usually discharge itself into some other stream or body of water. It must be something more than a mere surface drainage over the entire face of a tract of land, occasion ed by unusual freshets or other extraordinary causes. It does not include the water flowing in the hollows or ravines in land, which is the mere surface-water from rain or melting snow, and is discharged through them from a higher to a^ lower level, but which at other times are destitute of water. Such hollows or ravines are not, in legal contemplation, water-courses. Hoyt v. Hudson, 27 Wis. 656, 9 Am. Rep. 473; San guinetti v. Pock. 136 Cal. 466. 69 Pac. 98, 89 Am. St. Rep. 169: Luther v. Winnisimmet Co., 9 Cush. (Mass.) 171; Pyle v. Richards, 17 Neb. 180, 22 N. W. 370. But if the topography of the surrounding country is such that water accumulates in great quantities after heavy rains or at the season of melting snows, and descends periodically through a well-defined channel which the force of the water has made for itself, and which is the ac customed channel through which it flows and has always flowed, such channel is to be deem ed a natural water-course. Kelly v. Dunning, 39 N. J. Eq. 482; Earl v. De Hart, 12 N. J. Eq. 280. 72 Am. Dec. 395; Simmons v. Winters, 21 Or. 35, 27 Pac. 7, 28 Am. St. Rep. 727. —Natural water-course. A natural stream flowing in a defined bed or channel; one form

ed by the natural flow of the water, as deter mined by the general superficies or conforma tion of the surrounding country, as distinguish ed from an "artificial" water-course, formed by the work of man, such as a ditch or canal. See Barkley v. Wilcox, 86 N. Y. 140, 40 Am. Rep. 519; Hawley v. Sheldon, 64 Vt. 491, 24 Atl. 717, 33 Am. St. Rep. 941; Porter v. Arm strong, 129 N. a 101, 39 S. B. 799. WATER-MARK. A mark indicating the highest point to which water rises, or the lowest point to which it sinks. —High-water mark. This term is properly applicable only to 'tidal waters, and designates the line on the shore reached by the water at the high or flood tide. But it is sometimes al so used with reference to the waters of arti ficial ponds or lakes, created by dams in un navigable streams, and then denotes the highest point on the shores to which the dams can raise the water in ordinary circumstances. Howard v. Ingersoll, 13 How. 423, 14 L. Ed. 189; Storer v. Freeman, 6 Mass. 437, 4 Am. Dec. 155; Mo bile Transp. Co. v. Mobile, 128 Ala. 335, 30 South. 645, 64 L. R. A. 333, 86 Am. St. Rep. 143; Morrison v. First Nat. Bank, 88 Me. 155, 33 Atl. 782; Brady v. Blackinton, 113 Mass. 245; Cook v. McClure, 58 N. Y. 444, 17 Am. Rep. 270.—Low-water mark. That line on the shore of the sea which marks the edge of the waters at the lowest point of the ordinary ebb tide. See Stover v. Jack, 60 Pa. 342, 100 Am. Dec. 566; Gerrish v. Prop'rs of Union Wharf, 26 Me. 395, 46 Am. Dec. 568. In the language of brokers, adding to the capital stock of a corporation by the issue of new stock, with out increasing the real value represented by the capital. In old records. Such goods as, after a wreck, swim or float on the waves. Jacob. WAX SCOT. A duty anciently paid twice a year towards the charge of wax candles in churches. Spelman. A passage, path, road, or street In a technical sense, a right of passage over land. A right of way is the privilege which an individual, or a particular description of per sons, as the inhabitants of a village, or the owners or occupiers of certain farms, have of going over another's ground. It is an in corporeal hereditament of a real nature, en tirely different from a public highway. Cruise, Dig. tit 24, § 1. The term "way" is derived from the Saxon, and means a right of use for passengers. It may be private or public. By the term "right of way" is generally meant a private way, which is an incorporeal hereditament of that class of easements in which a particular person, or par ticular description of persons, have an interest and a right, though another person is the owner of the fee of the land in which it is claimed. Wild v. Deig, 43 Ind. 455, 13 Am. Rep. 399. —Private way. A right which a person has of passing over the land of another. Jones v. Venable, 120 Ga. 1, 47 S. E. 549; Whiting v. Dudley, 19 Wend. (N. Y.) 376; Kister v. Ree»- er, 98 Pa. 1, 42 Am. Rep. 608; Kripp v. Curtis, 71 Cal. 62, 11 Pac. 879. In another sense WATERING STOCK. WAVESON. WAY.