594 LEGAL DEPARTMENT. 



DEFECTS WHICH CONSTITUTE UNSOUNDNESS 



OF HORSES. 



Glanders, corns, bone-spavins, blindness or any organic defect, back- 

 ing when a confirmed habit, biting when dangerous, crib-biting, affect- 

 ing the health, have been held by various courts to constitute 

 unsoundness. Bad formation which does not produce disease or lame- 

 ness at the time of the sale is not usually considered unsoundness. 



WATER RIGHTS. 



Every owner of land upon a natural stream of water has aright to use 

 the water for any reasonable purpose, if it does not interfere with 

 similar rights that are vested in the owners of land above, below or 

 beside him. He may take water to supply his dwelling or water his 

 land, or for the use of his cattle, may use it for manufacturing pur- 

 poses, such as running water wheels or supplying steam boilers, so 

 long as the amount taken does not injuriously affect the volume, but it 

 is the mere privilege that goes with the land and not the water itself. 

 If the stream is very small and does not supply water more than 

 enough to answer the natural wants of the different owners living on 

 the stream, no one of them can use the water for free irrigation or 

 manufacturing, thereby depriving the other owners of its use. But for 

 domestic purposes or for watering stock, he would be justified in con- 

 suming all the water. Chief Justice Shaw states the general doctrine 

 as follows: " Every person through whose land a flowage of water 

 courses, such person has a right to the benefit of it, as it passes 

 through his land, to all useful purposes to which it may be applied, and 

 no proprietor of land on the same water-course has a right to prevent 

 it from flowing through his premises, or obstructing it in passing them, 

 or to curb or destroy it." 



DIVERSION OF WATER. 



Every person who owns land situated upon a stream has the follow- 

 ing rights: First, to the natural flow of the stream; second, that the 

 stream should continue to run in the natural channel; third, that it 

 should flow upon his land in its usual quantity and its natural place; 

 fourth, that it should flow off his land upon the land of his neighbor in 

 its accustomed place and at its usual level. These rights he has and 



