Page:Black's Law Dictionary (Second Edition).djvu/1231

Rh

of swimming it was deemed an evidence of his guilt; but, if he sunk. he was acquitted. Id. —Wa.tex--power. The water-power to which ii riparian owner is entitled consists of the fall in the stream, when in its natural state, as it pus ts through his land, or along the boundary of, or. in other words. it consists of the difference of level bctwcen the surface where the strnam first touches his land, and the surface "here it leaves it. McCalniont v. "'hitaiwr. 3 Thule. (Pa.) 90, 23 Am. Dec. 102.—Wnter right. A legal right, in the nature of a cor- ])f)l‘rfil hercditanient. to use the water of ii, natural stream or water furnished through a ditch or canal, for general or specific purposes. such as irrigation. mining. power, or domistic use, either to its full capacity or to 3 measured ex- l('lJt or during 11 defined portion of the time. See Hill 1'. Newman. 5 Cal. 4-15. 63 Am. Doc. H0: (‘nry v. Daniels. 8 Metc. Oiass.) 480. 41 .-\in. Dec. 532' Canal Co. v. Hess. 6 Colo. App. 497. 42 Pac. ‘.'v0.—Wnterscape. An sqneriuct or passage for water —Wnters of the United States. All waters within the United States which are navigable for the purposes of com- merce, or vihnse navigation successfully aids commerce, are included in this term. The Den- iel Ball. 0 Fed. Cas. 11GL

A natural stream of water fed from permanent or periodical natural sources and usually flowing in a particular dii'e<-non in a deflucd channel, having a bed iuid banks or sides, and usually discharging itself into some other stream or liody of water. Lus Angels-s v. Poineroy. 124 ('al. 597. 57 Pac. 587. Cliamheiiam v. Hemingway. 63 Conn. 1, 27 At]. ‘.’.:9, 38 Am. St. Rep. 330: Iiihordy v. Murray. 177 111. 134, 52 N. E. 325; ltait v. Furrow, 74 Kan. 101, 35 Pan. 934. 6 L. R. A. (N. S.) 157; Dickinson \'. Wui'cester, 7 Allen (Mass) 19; Earl v. ‘De 1Lirt. 12 N. J. Eq. .284, 72 Am. Dec. 3%; Barkley v. Vi"ilcox. 86 N. Y. 140, 40 Am. Rep. 519: Simmons v. Winters. 21 Or. 35. 27 Pac. 7, 28 Am. St. Rep. 727.

Theie must he a smam usually flowing in a particular |lil'B(li0lJ. thniigh it need not flow continually. It may sometimes lie dry. It must flow in a definite channel. having a hed, sides. or hanks, 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- rd by unusual freshers or other extraordinary causes. it does not include the water flowing in the hollows or fllyil.]f‘S in land, which is the mere surf-ice-water from rein or melting snow. and is !li5(‘lii'il'_L'€d through them from a higher to in ion er level, but nhich at other times are destitute of water. Such hollows or ravines are not. in legal contemplation, water-courses. iloyt v. Ilurlsnn H Wis. 651". 9 Am. Rep. 473: San- zuinctti v. Pork. 13li (‘$11. 466. 69 Pat‘ 93. 89 Am. St. n('D. ll‘ Luther v. Winnisimmet Co.. 9 (‘ash (l\lass.) 1 '. Pyle v. Richards. 17 Neb. ISO. 22 ‘V. 37.

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 period icnlly through a well-(lcfined channel which the force of the water has made for itself, and which is the no rustoined channel through which it flows and has alnays flowezl.>such channel is to be dermid a natural water-rouise. Kelly v. Dunning, 2') J. Eq. 48?‘ Furl v. De Hart. 12 N. J. T‘.r1. 280 72 Am. Dec 39' Simmons v. Winters, 21 Or. 35. 27 Pac 7. ‘.73 Am. St. Rep. 7'27. —Nntn.ra.l water-course. A natural stream flowing in a defined bed or channel: one form-

1223

WAY

ed by the natural flow of the water, as determined by the general superficies or conformation of the surrounding country, as dlstin;-nish- ad from an "artificial" water-cours,e, formed by the work of man, such as a ditch or cnnal. Sce Baildey v. Wilcox, 86 N. Y. 1-14). 40 Am. Rep. 519: Hnwley v. Sheldon. 64 Vt. -191. 24 Atl. 717, 33 Am. St. Rep. 941; Porter v. Arm- strong, 129 N. C. 101, 39 S. E 799.

WATER-MARK. A mark indicating the highest point to which viater rises, or the lowest point to u hieh it sinks.

-1-Iigh-water nun-k. 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- fluial ponds or lakes. created by dams in unnnvigable streams, and then denotis the highest point on the shores to which the dams can raise the water in ordinary circumstances. [inward V. Ingersoll. 13 How. 423, 14 L. Ed. 189; Storer v. Freeman, 6 Mass. 437. 4 Am. Dec. 157: Moliile Trai-isp. Co. v. Mobile. 123 Ala. . South. 6 4 L. R A. 333, 86 Am. St. Rep. 1-13; Man on v. First Nat. Bank. 88 Me. 155. 33’. Atl. 75-; Iiradv v. Biar-kinlon. 113 Mass. 243: (‘rink v. Mctjlure. 58 N X. 17 Am. Hep. 2TO.—Law-water mark. That line on the shore of the sea which marks the edge of the l\»|i.'('l'S at the lowest point -if the uidiiriry ebb tide. See Siorer v. Jack. (10 Pa. 342. 100 Am Der, Sliii: ierrish v. I’rop'1's of Union Wharf, 26 Me. 395. 46 Am. Dec. 568.

WHAT]-1R1'NG STOCK. In the language of brokers, adding to the capital stock of a coi'p0r.il:lnn by the issue of new stock, without increasing the real value represented by the capital.

WAVESON. In old recoids. Such goods as, after a wreck. swim or float on the waves. Jacob.

WAX SCOT. A duty nnciently paid twice a year towards the charge of mix candles in churches. Speltuan.

WAY. A passage, path. road, or street. In a technical sense, a night of passage over land.

A right of ‘way is the privilege which an individual, or a particular description of persons, as the iiiiiaiiitants at‘ a village, or the owners or occupiers of certain farms, have of going mer .1iiol;he1"s ground. It is an icnorporeail hereditament of a real nature. entirely different from a public highway. Cruise, Dig. tit. 24, § 1.

The term "way" is derived from the Saxon. and means 3. right of_ use for passcnge It may he private or public. By the term "r ,. t of way" is generally meant a priiste way, which is an incorporeal hereditarncnt of that class of casemenm in which a particular person, or particular description of persons, have un 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. -155. 13 Am. Rep. 3199. —Private way. A right which a person has of passing over the land of another. Jones v. Venable, 120 G3,. 1.. -17 S. F}. 5-19: Whiting V. Dudley 19 Wend. (N. Y.) 376 K_ister v. Bees- 42 Am. Rep. Iii Kiipp v. Curtis, 11 Fat‘. 879. In another sense

er, 98 a. 1, 71 Cal. 62,