640 LEGAL DEPARTMENT. 



tion for using and obstructing tlie water for liis mill ; for which it appears 

 that the dam is of the size that is adapted to the capacity of the stream 

 and quantity of water usually flowing therein, and that his mode of using 

 the water is not unusual or unreasonable, and is in accordance with the 

 general custom of the country in the case of dams upon similar streams. 

 In Ontario laws have been passed for the erection of mills by authorizing 

 the owners and occupants through summary proceedings, to ta:k;e land 

 of other persons, by paying such damages as may be legally assessed. 



POLLUTION OF WATER. 



Every owner of land through which a stream of water flows has a 

 right to the use of the water in its natural state, and is liable if he renders 

 the water unwholesome, or unfit for purposes for which it is used, unless 

 he has acquired, by grant or otherwise, an adverse right against the lower 

 or adjoining owner. 



Erecting cess-pool or depositing manure or obnoxious substance near 

 the stream would be such a wrong. 



An action for damages is not the only remedy for the unlawful pollu- 

 tion of a stream. The party thus wrongfully interfering may be restrained 

 by an order of any court having jurisdiction. 



EASEMENT. 



When a land owner places a house on the line of his lot, and eaves 

 project upon his neighbor's land, as to throw the water from the roof 

 thereon, it is an encroachment upon the neighbor's lot to the extent, at 

 least, of the projection. One adjoining owner cannot legally subject 

 the lands of the other adjoining owner to the drip from the eaves of his 

 building. 



LAND BOUNDED ON NAVIGABLE AND UNNAVIQABLE 



WATERS. 



By the common law of England, the proprietor of each bank of an 

 unnavigable stream is considered as, prima facie, the proprietor also of 

 half the land covered by the water. In the case of a navigable river, the 

 bed of it, so far at least as the tide of the sea flows, prima facie, belongs 

 to the crown. 



The owner of the land abutting on a tidal navigable river has, jure 



