198 USE OF CULVEUT. 



for farm B. The culvert wliicli carried off nearly all the water from 

 the brook, conuuenced in some lands of the del'endant, which were 

 bounded by the brook, and then passed through farm B, where a 

 portion of the water was drawn out of it by means of a small pipe for 

 the use of farm B. The rest of the water, viz., the larger portion, 

 flowed on down the culvert, which, after traversing farm B, ended in 

 other premises of the defendant, where the water was consumed. In 

 September, 185G, the then owners of farms A and B conveyed farm B, 

 in fee to the defendant, together with all waters and water courses ap- 

 pertaining to the premises or used, occupied, or enjoyed with the same. 

 He afterwards conveyed farm A to the plaintiff, with all waters and 

 water courses. It was held in the Exchequer Chamber affirming the 

 judgment of the Queen's Bench, that as against the owner of farm A 

 the words of the conveyance of farm B were sufficient to convey to the 

 defendant the right to the continuance of the culvert and to the accus- 

 tomed flow of water down it, and that his right was not limited to the 

 taking so much of the water as had heretofore been used for the purposes 

 of farm B {WardJe v. Broddchurst). 



Cotidition under tchich tenant for life received compensation for loss 

 of po7id u'hich tvorJced Ms mill. — A pond which supplied a stream by 

 which a flour-mill was worked, was purchased by the Ordnance under 

 the Defence Act, 1842. Tlie water being diverted, the tenant for life 

 of the mill claimed compensation ; and before an award was made, he 

 erected a steam engine and suitable buildings for the mill, expending 

 thereon £1,300. Compensation amounting to £920 being awarded to 

 him, the Court of Appeal, on a question from the Master of the Bolls, 

 permitted this sum to be paid to the tenant for life, upon the under- 

 standing that the erection of the steam engine and buildings was of a 

 substantial and permanent nature {1)1 re Duke of Wellington's Settled 

 Estates Ad). 



