INDEX. 657 



WAT'El'R—co7iti7itied. 



discharging eaves' water on reversioner's land, 107 



right of fishing passes by grant of, 170 



right of riparian owners to, 171 



flowing in a stream is puhlici juris, 172 



appropriation of running water, 173 



right to water not in a flowing stream, 174 



law of right to a spring of water, 175 



law as to flowing water, 176 



abstraction of subterranean water, 177 



law as to artificial water courses, 180 



flow of water from and into collieries, 180 



right of polluting water, subject of grant, 181 



presumptive right to pollute, 180 



difference between drain and water-course, 182 



flow of, fi'om drain for agricultural improvements, 183 



right to artificial water-course, 181 



rights as to rain water, 185 



surface water, 186 



diversion of, for irrigation, 189 



escaping from railway cuttings into mine, 196 



working mines under water-course, 196 



supplying horses with, from public fountain, 197 



compensation to tenant for life for loss of, 198. 



WASTE, 



action of, for felling timber, 110 



right of tenant for life to sell severed timber without impeachment of, 111 



permissive, by tenant for life, 112 



when action for, will not lie by one tenant in common against another, 116 



acts of, 307 



by ploughing up ancient meadow, 308 



by breaking up rabbit warren, 310 



right of lessor to sue for, 309 



right of reversioner to prevent, 309 



by ploughing up pasture, 312 



by sowing noxious plants, 313 



overcropping not, 315 



inclosure of, by churchwardens and overseers, 343 



encroachments by tenants on, presumably for benefit of landlord, 346 



claim to waste land, by lord of manor, 346 



dilapidations of buildings built on, 431 



property in waste laud adjoining road, 143 



WAY, 



right of, definition of, 70 



plea of 40 years' user of, 82 



continuous enjoyment of right of, 83 



plea of one year's enjoyment of way under stat. 2 & 3 Will. IV., c. 71, s. 2, 84 



immemorial right of way not lost by non-user, 86 



