658 INDEX. 



WAY — contin ucd. 



presumption of abandonment not to be made from non-user, 86 



parol agreement for substitution of new way no evidence of abandonment, 87 



of necessity, 87 



cannot be pleaded without showing its character, 88 



effect of unity of possession of, 88 



law as to, 88 

 definition of, 88 



limited by necessity which created it, 89 

 arises from presumed grant, 89 



right of, can only arise by grant, 90 

 limited dedication of way to the public, 91 

 valid dedication of. to the public, how made, 91 

 right of, for agricultural purposes, 91 



to cart away timber, 92 

 prescriptive right of, for carriages, 92 

 claim of, for cattle and carts, how proved, 93 

 plea of right of, for horses, waggons, &c., 93 

 right of, for farming purposes does not include all purposes, 93 



for tithes, 93 



grantee of an occupation way, 93 

 obstruction of public footway, 94 

 distinction between private and public way, 103 

 presumption of property in private way, 103 

 right of, appurtenant to plot, 104 

 implied grant of way of necessity, 104 



power of Inclosure Commissioners to set out private road, 105 

 appropriation of private way, 105 

 right of way under deed of partition, 105 

 dedication of private road to public, 106 

 selling one part of settled estate to pay for making roads through another part, 



106 

 excavation near footway, 350 

 reasonable use of right of way, 357 



WEIGHTS AND MEASURES 

 in different markets, 521 

 abolition of local measures, 522 

 sale by the hobbett, 522 



WELL, 



right to take water from, 78 



claim to spring of water, 74 



right to take water from a well not a profit a jJi'endre, 79 



law of right to a spring, 175 



right to sink wells, 177 



right to cut off spring at source, 179 



aVjstraction of subterranean water by sinking well, 177 



WILD-FOWL, 



penalty for shooting, near decoy, 385 



