No. 4.] RURAL LAW. 189 



his neighbor's line as to allow the water from the roof to 

 drip upon his neighbor's land ; but an easement in his favor 

 may be created by prescription by twenty years' adverse 

 use. 



The owner of land bounded by a stream not navigable 

 owns to the middle of the bed of the stream ; that is to say, 

 if I should describe my land in a deed as bounded east- 

 wardly by " Roaring Brook," that would pass title to the 

 middle of the bed of the brook ; but language may be em- 

 ployed in the deed so as to exclude this idea. For instance, 

 if the grantor describes his land as bounded by the bank of 

 the brook, the bank would be the limit. 



No one may stop up an ancient water course, — that is, 

 one that has existed for more than twenty years. About 

 1887 a case arose in Middlesex County where the plaintiff's 

 land was injured by water setting back upon it, in conse- 

 quence of the obstruction by the defendant on his own land 

 of an ancient water course which flowed through the plain- 

 tiffs land from the defendant's land. The water course was 

 described as "an ancient rivulet or stream," which had 

 existed beyond the memory of man. The obstruction com- 

 plained of was the laying of a pipe for conducting the water 

 in the ditch or water course, and levelling the surface above 

 it. It was contended that the pipe restrained the flow of 

 water in the stream ; and in this case the plaintiff prevailed, 

 although the defendant had done no act except upon his own 

 land, and had really undertaken to improve the condition 

 of things. 



Interference of any kind with the natural flow of waters 

 in brook, rivulet or stream by the owner of land through 

 which it passes must always take place with a proper regard 

 for the risrhts of his neiorhbors both above and below him. 



Fishing. 



Both the common law and the statutes contain some inter- 

 esting provisions concerning rights to fish in streams and 

 ponds. 



The riparian owner has exclusive right to fish to the 

 middle of any stream above the i)oint where the tide ebbs 

 and flows, also to fish in any pond other than the great 



