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Massachusetts Reports (Volume 147); Cases Argued and Determined in the Supreme Judicial Court of Massachusetts (Paperback) Loot Price: R663
Discovery Miles 6 630
Massachusetts Reports (Volume 147); Cases Argued and Determined in the Supreme Judicial Court of Massachusetts (Paperback):...
Massachusetts Reports (Volume 147); Cases Argued and Determined in the Supreme Judicial Court of Massachusetts (Paperback):...

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Massachusetts Reports (Volume 147); Cases Argued and Determined in the Supreme Judicial Court of Massachusetts (Paperback)

Massachusetts. Supreme Judicial Court.

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Loot Price R663 Discovery Miles 6 630 | Repayment Terms: R62 pm x 12*

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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1889. Not illustrated. Excerpt: ... Can it be supposed that our forefathers, zealous as they were in the encouragement of the erection of mills, intended by these provisions to take from individuals, without compensation, rights which they had acquired under previous grants to have water flow through their lands forever? Can it be supposed that, without express reference to the subject, they intended their legislation as an incumbrance upon all lands thereafter to be granted upon watercourses flowing from great ponds, such that the grantees would be liable at any time, at the will of the Colony, to have the character of their property wholly changed, and the beds of their streams left dry? On the contrary, it seems to me that these provisions looked to the preservation of the natural features of the country, and did not even hint at the creation by the Colony of a right in itself to deprive real property not referred to of elements of value naturally belonging to it. They dedicated the great ponds to the public. They gave to all the right of boating and fishing, and they reserved to the Colony the property in the ponds themselves, the better to regulate these and other kindred public rights for the common good. Undoubtedly the State may use and control these ponds in any reasonable way for the preservation and regulation of these rights. But such use and control must not be inconsistent with the continued existence of the rivers and streams which have been accustomed to flow from them. Doubtless the State, as proprietor, may appropriate them to any other use which does not interfere with the ordinary rights of proprietors upon outlet streams along whose lands the waters flow. But as proprietor the State has no greater right than any other proprietor would have, as against the owners upon these str...

General

Imprint: General Books LLC
Country of origin: United States
Release date: 2012
First published: 2012
Authors: Massachusetts. Supreme Judicial Court.
Dimensions: 246 x 189 x 14mm (L x W x T)
Format: Paperback - Trade
Pages: 256
ISBN-13: 978-1-153-85229-6
Barcode: 9781153852296
Categories: Books
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LSN: 1-153-85229-2

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