Commentaries on American Law, Volume 3

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O. Halsted, 1832

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Page 439 - ... has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run ('currere solebat'), without diminution or alteration. No proprietor has a right to use the water, to the prejudice' of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. 'Aqua currit et debet currere ut currere solebat
Page 440 - All that the law requires of the party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the application of the water by the proprietors above or below on the stream.
Page 441 - And though the stream be either diminished in quantity, or even corrupted in quality, as by means of the exercise of certain trades, yet if the occupation of the party so taking or using it...
Page 384 - The very fact of repeated treaties with them recognizes it; and the settled doctrine of the law of nations is, that a weaker power does not surrender its independence— its right to self-government — by associating with a stronger, and taking its protection. A weak state, in order to provide for its safety, may place itself under the protection of one more powerful, without stripping itself of the right of government, and ceasing to be a State. Examples of this kind are not wanting in Europe....
Page 143 - And in every such case of sale or transfer, there shall be some instrument of writing, in the nature of a bill of sale, which shall recite, at length, the said certificate, otherwise the said ship or vessel shall be incapable of being so registered anew.
Page 433 - The established inference of law is, that a conveyance of land bounded on a public highway, carries with it the fee to the center of the road, as part and parcel of the grant.
Page 1 - Romae, alia Athenis ; alia nunc, alia posthac ; sed, et apud omnes gentes et omni tempore, una eademque lex obtinebit.
Page 65 - It was a principle of the Roman law, and it has been acknowledged in the equity jurisprudence of Spain, England, and the United States, that partnership debts must be paid out of the partnership estate, and private and separate debts out of the private and separate estate of the individual partner.
Page 267 - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Page 123 - I have already alluded, is when the promise to pay the debt of another arises out of some new and original consideration of benefit or harm moving between the newly contracting parties.

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