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TOLL-continued.

on highway, 512, 514.
on turnpike roads, 521.
exemptions from, on highway, 515.
pontage, on bridges, 514.
of ferry, 514, 537.
port-dues, 171.
distress for, 515.

rating of, 516.
TOWING PATH, 158, 485, 508.
TRADE.

privilege from distress in favour of, 448, 450.

usages of, 554.
TRADE FIXTURES, 109, 114.
TRAFFIC.

extraordinary, on highway, 496.
TRAMWAY.

on highway, 496.
TREASURE TROVE, 71.
TREES.

timber, 32, 33.
not timber, 34, 39.
growing into timber, 34.
ornamental and shelter, 35, 42.
property in, 29.
severed by wind or accident, 39.
grant or exception of, separately, 30.
licence to cut, 30, 330.
contract for sale of, 30.
lease with exception of, 31.
construction of grants and exceptions of, 32.

See TIMBER.
TRESPASS.

ab initio, 463.
in pursuit of game, 74, 75.
of cattle, 253, 254, 257.
on highway, 490.
on possession of surface of land, 332, 367.

of minerals, 54, 367.
TRUSTEE

grant of easement by, 272, 312.

prescription by, 290.
TURBARY.

common of, 342, 365.
TURNPIKE ROAD.

ownership of soil of, 491.
liability for repair of, 521.
converted into main road, 524.
bridges on, 535.
toll on, 521.

UNDERLEASE.

rent service on, 377.

for whole term, 387.
UNDERWOOD.

right of tenant to, 35.
UNITY OF TITLE.

extinction of easement by, 255, 310.
legal and equitable, 290, 312.

601

USAGE.

as basis of custom, 552.
immemorial, 552.
certainty of, 554.
reasonableness of, 557.
repugnant to ownership, 560.

See CUSTOM
USE AND OCCUPATION.

action for, 474.

VICINAGE.

common of, 338.
VILLAGE GREEN.

custom to use, 559.
Vis MAJOR.

waste by, 22.
escape of water by, 145.

WALL, 259. See PARTY WALL.

as fixture, 108.

sea wall, 167.
WARRANTY.

by landlord, 99.
WARREN.

as description of laud, 6.
franchise of, 85, 330.

grant by crown of, 85.
WASTE.

voluntary and permissive, 18, 92.
equitable, 16, 24, 25.
by tenant in fee simple, 15.
by tenant in tail, 16, 17.
by tenant for life or for years, 18.
tenant without impeachment of, 22, 24, 94.
by tenant at will, 25.
by copyholder, 26.
by tenant of equitable estate, 26, 93.
covenants and agreements as to, 25, 97, 98.
action of, 19, 21.
injunction against, 19.
damages recoverable for, 20.
limitation of action for, 20.
action by and against executor for, 21.
waste in trees and timber, 34, 35, 37, 39.
waste in minerals, 57.

waste in houses and buildings, 92, 94.
WASTES.

of manor, common rights on, 336, 344. See Commox.

inclosure of, 360. See APPROVEMENT.
WATER.

standing on surface, 139, 225.
property of riparian owner in, 140.
percolating below surface, 140.
right of draining off, 140, 142.
subsidence caused by draining, 143.
pollution of, below surface, 143.
artificial collection of, 143.
liability for escape of, 144, 145.

collection of, in houses, 146.
L.

Ꭱ Ꭱ

WATER-continued.

extraordinary flood of, 146.
running in natural streams, 148, 226.

running below surface, 149.
ordinary rights of riparian owner, 149, 226.
diversion of, by riparian owner, 150.
acquired rights of riparian owner, 151.

rights acquired by non-riparian owner, 152.
right to take, from land of another, 330, 562.
property in bed of stream, 153.
encroachment on bed of stream, 155.
rights of navigation, 156, 158.
easement of diverting stream, 226.
easement of discharging drainage, &c., 229, 234.
maintenance and repair of watercourse, 228, 232.
continuance of artificial stream, 232.
riparian owners on artificial stream, 233.

abandonment of easements of, 309.
WATERCOURSE.

artificial, easement of using, 226, 231.
for use of mill, 227, 228.
for discharging drainage, 229.
maintenance and repair of, 228, 232.
claim to, under Prescription Act, 286.

See STREAM; WATER.
Way.

general and limited, 203.
ownership of land subject to, 204.
limitation of, by grant, 204.
limitation of, by prescription, 206, 286.
limited to service of dominant tenement, 207.
direction and width of, 208
deviation from, 209.
of necessity, implied grant and reservation of, 267, 268.
as apparent and continuous easement, 272.
as used and enjoyed with tenement, 276.
construction and repair of roads for, 210, 279.
claim of, under Prescription Act, 286.
abandonment of, 306.
obstruction of, 314, 316.

See EASEMENT ; HIGHWAY.
WEIRS.

fishing, in public rivers, 181.

in private rivers, 182.
WELL.

draining water from, 141.
pollution of, 143.

easement of taking water from, 331, 562.
WILL.

rent service reserved by, 375.

repairs charged on devise by, 93.
WILLOWS.

right of tenant to, 35.

See TREES.
WINDFALLS,

39. See TIMBER ; TREES.
WINDMILL.

as fixture, 112.
obstructing access of wind to, 201, 219.

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WINDOW.

as fixture, 110.

See LIGHT.
WINNING.

minerals, 60.
Wood. See TIMBER ; TREES ; DEAD WOOD.
WRECK.

of the sea, prerogative right to, 72, 172.
franchise of, 172.
receivers of, 172.

LONDON:

PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE-E.C.

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