diminish the flow of a natural surface stream, to the injury of a riparian owner, notwithstanding he may unquestionably appropriate underground percolating water to his own use, although it injures another. Thus the owner of certain ground built mills on it and drew his water supply from an adjacent river, with which to propel them. He also had the right of flowage of the land above him, and remained in undisputed possession nineteen years. A city constructed a system of water works for the purpose of supplying its inhabitants with water. It purchased land on the banks of the river above the dam, and upon it dug a well twenty-five feet wide and twenty-six feet deep, about one hundred feet from the river. The well drew its supply of water from the river by percolation through a bed of gravel at the bottom of the well. From the well the entire city was supplied. The well so reduced the water in the river that in the day time the mill could not be run. Upon a showing of these facts an injunction was granted: (City of Emporia v. Soden, 25 Kan. 588). A similar rule was adopted in Massachusetts, where the wells lowered the water of a pond: (Hart v. Jamaica Aqueduct Co. 133 Mass. 488; Attorney General v. Jamaica Pond Aqueduct Co. 133 Mass. 361; Rawston v. Taylor, 11 Exch. 369; S. C. 25 L. J. Exch. 33). A witness experienced in digging wells may be asked concerning the possibility of such a well diverting the water of the stream or pond: Van Wycklen v. City of Brooklyn, 41 Hun. 418; Ætna Mills v. Brookshire, 127 Mass. 69. But the rule does not extend to those cases where the water supply, before it reaches the pond. or stream is cut off, when it merely percolates through the soil: Regina v. Metropolitan Board of Works, 3 B. & S. 808. See, generally, Grand Junction Canal Co. v. Shugar, L. R. Ch. 483; S. C. 24 L. T. 402; 19 W. R. 569. W. W. THORNTON.

(To be Continued.)

CURRENT COMMENT.

DEAR SIR-I speak to you as a personal friend, interested in law and lawyers. I am informed by a large card, that there is "now ready, a full digest of all reported American Case Law, State and Federal, from the earliest period to 1889, covering 3,900 volumes of reports, 375,000 cases."

Is not that perfectly awful? Who will extract the morsel of bread from this intolerable deal of sack?

Can you help

A STUDENT?

COKE UPON LITTLETON.

(Continued)

From Statutes, his Arguments and Proofs are Drawn.

rehearsall or preamble of the statute.

2. By the bodie of the law diversely interpreted.

I. From the

Sometime by other parts of the same statute, which is bene dicta expositio, et exvisceribus causae.

Sometime by the reason of the common law. But ever the generall words are to be intended of a lawfull act, and such interpretation must ever be made of all statutes, that the innocent, or he in whom there is no default, may not be damnified.

"In law" There be divers lawes within the realme of England. As first, Lex coronae, the law of the crowne.

2. Lex et consuetudo parliamenti. à multis ignorata, à paucis cognita.

3. Lex naturae, the law of nature.

Ista lex est ab omnibus quoerenda

4. Communis Lex Angliae, the common law of England, sometime called lex terroe, intended by our author of this and the like places.

5. Statute law. Lawes established by authority of parliament. 6. Consuetudines, Customes reasonable.

7. Jus belli, the law of armes, war, and chivalrie, in republicâ maximè conservanda sunt jura belli.

8. Ecclesiastical or canon law in courts in certaine cases.

9. Civil law in certaine cases, not onely in courts ecclesiastical, but in the courts of the constable and marshall, and of the admiraltie, in which court of the admiralty is observed laley Olyron, anno V. of Richard the first, so called, because it was published in the isle of Olyron. 10. Lex forestae, forest law.

II. The law of marque or reprisal.

12. Lex mercatoria, merchant, etc.

13. The lawes and customes of the isles of Jersey, Guernsey, and Man.

14. The law and privilege of the Stannaries.

15. The lawes of the east, west, and middle Marches, which are now abrogated.

But hereof this little taste for our student, that he may be capable of that which he shall reade concerning these and others in records, and in our books, and orderly observe them, shall suffice.

"And his uncle enter into the land." For if the uncle in this case doth not enter into the land, then cannot the father inherite the land; for there is another maxime in law, herein implied, that a man, that claimeth as heire in fee simple to anie man by descent, must make himself heire to him, that was last seised of the actuall freehold and inheritance. And if the uncle in this case doth not enter, then had he but a freehold in law, and no actuall freehold, but the last that was seised of the actuall freehold was the sonne to whom the father cannot make himself heire ;

and therefore Littleton, saith, and his uncle enter into the land (as by law he ought) to make the father to inherite, as heire to the uncle.

Note, that true it is that the uncle in this case is heire, but not abso.lutely heire; for, if after the descent to him, the father hath issue a sonne or daughter, that issue shall enter upon the uncle. And so it is if a man hath issue a sonne and a daughter, the sonne purchaseth land in fee and dyeth without issue, the daughter shall inherite the land; but if the father hath afterwards issue a sonne, this sonne shall enter into the land as heire to his brother, and if he hath issue a daughter and no sonne, she shall be coparcener with her sister.

"As by law he ought." These words, as a key, doe open the secrets of the law; for hereupon is concluded, that where the uncle cannot get an actuall possession by entrie or otherwise, there the father in this case cannot inherit. And therefore if an advowson be granted to the sonne and his heires, and the sonne die without issue, and this descend to the uncle, and he die before he doth or can present to the church, the father shall not inherit, because he should make himselfe heire to the sonne, which he cannot doe. And so of a rent and the like. But if the uncle had presented to the church, or had seisin of the rent, there the father should have inherited. For Littleton putteth his case of entry into land but for an example. If the sonne make a lease for life, and die without issue, and the reversion descend to the uncle, and he die, the reversion shall not descend to the father, because in that case he must make himself heire to the sonne. A. infeoffes the son with warrantie to him and his heires, the sonne dies, the uncle enters into the land and dies, the father if he be impleaded shall not take the advantage of this warrantie * [12. a.] for then he must vouch A. as heire to his sonne, which he cannot doe; for albeit the warrantie descended to the uncle, yet the uncle leaveth it as he found it, and then the father by Littleton's (ought) cannot take advantage of it, For Littleton, Section 603, saith that waranties shall descend to him that is heire by common law; and Section 718, he saith that everie warrantie which descends, doth descend to him that is heire to him which made the warrantie by the common law; which proveth that the father shall not be bound by the warrantie made by the sonne, for that the father cannot be heire to the sonne, that made the warrantie. And a warrantie shall not goe with tenements, whereunto it is annexed, to any especiall heire, but alwaies to the heire at the common law. And therefore if the uncle be seised of certain lands, and is disseised, the sonne release to the disseisor, with warrantie, and die without issue, this shall bind the uncle; but if the uncle die without issue, the father may enter, for the warrantie cannot descend upon him.

So, if the sonne concludeth himselfe, by pleading concerning the tenure and services of certaine lands, this shall bind the uncle; but if the uncle die without issue, this shall not bind the father, because he cannot be heire to the sonne, and consequently not to the estoppell in

that case; but if it be such an estoppell as runneth with the land, then it is otherwise.

And, in case where the sonne purchaseth land in fee simple, and dies without issue, they of his blood, on the father's side, shall inherite as heirs to him, before any of the blood on the mother's side: but if he hath no heire on the part of his father, then the land shall descend to the heires on the part of the mother. But if a man marrieth an inheritrix (Mes si home prent enheretrix) of land in fee simple, who have issue a sonne, and die, and the sonne enter into the tenements, as sonne and heire to his mother, and after dies without issue, the heires of the part of the mother ought to inherit, and not the heirs of the part of the father. And if he hath no heire on the part of the mother, then the lord, of whom the land is holden, shall have the land by escheate. In the same manner it is, if lands descend to the sonne of the part of the father, and he entreth, and afterwards dies without issue, this land shall descend to the heires on the part of the father, and not to the heires on the part of the mother. And if there be no heire of the part of the father, the lord of whom the land is holden shall have the land by escheate. And so see the diversity, where the sonne pnrchaseth lands or tenements in fee simple, and where he cometh to them by descent on the part of his mother, or on the part of his father.

By this it appeareth, that our author divideth heires into heires of the part of the father, and into heires of the part of the mother. And note, it is an old and true maxime in law, that none shall inherit any lands as heire, but only the blood of the first purchaser, for refert à quo fiat perquisitum. As for example, Robert Coke taketh the daughter of Knightley to wife, and purchaseth lands to him and to his heires, and by Knightley hath issue Edward, none of the blood of the Knightley's, though they be of the blood of Edward, shall inherite, albeit he had no kindred but them, because they were not of the blood of the first purchaser, viz, of Robert Coke.

"They of his blood on the father's side." Here it is to be understood, that the father hath two immediate bloods in him, viz.: the blood of his father, and the blood of his mother. Both these bloods are of the part of the father. And this made ancient authors say, that if a man be seised of lands in the right of his wife, and is attainted of felony, and after hath issue, this issue should not inherit his mother, for that he could derive no blood inheritable from the father. And both these bloods of the part of the father must be spent [12 b.]* before the heire of the blood of the part of the mother shall inherit, wherein ever the line of the male of the part of the father, (that is) the posteritie of such male, be they male or female, (who ever in descents are preferred) must faile before the line of the mother shall inherite. And the reason of all this is, for that the blood of the part of the father is more worthie, and more neere in judgment of law, than the blood of the part of the mother.

"Before any of the blood on the mother's side. And it is to be

observed, that the mother hath also two immediate bloods in her, (viz.) her father's blood and her mother's blood. Now to illustrate all this by example, Robert Fairefield, son of John Fairefield and Jane Sandie, takes to wife Ann Boyes, daughter of John Boyes and Fane Bewpree, and hath issue William Fairefield, who purchaseth lands in fee. Here William Fairefield hath foure immediate bloods in him, two of the part of his father, viz.: the blood of the Fairefields, and the blood of the Sandyes, and two of the part of his mother, viz.: the blood of the Boyses and the blood of the Bewprees, and so in both cases upward in infiitum. Now admit that William Fairefield die without issue, first the blood of the part of his father, viz.: of the Fairefields, and for want thereof the blood of the Sandyes (for both these are of the part of the father) if both these faile, then the heires of the part of the mother of William Fairefield shall inherit, viz.: first the blood of the Boyses and for default thereof the blood of the Bewprees.

It is necessary to be knowne in what cases the heire of the part of the mother shall inherite, and where not. If a man be seised of lands as heire of the part of his mother, and maketh a feoffment in fee, and taketh backe an estate to him, and to his heires, this is a new purchase, and if he dyeth without issue, the heires of the part of the father shall first inherite.

If a man giveth lands to a man, to have and to hold to him and his heires on the part of his mother, yet the heires of the part of his father shall inherit, for no man can institute a new kind of inheritance not allowed by the law, and the words (of the part of his mother) are voide, as in the case that Littleton putteth in this Chapter.

If a man giveth lands to a man to him and his heires male, the law rejecteth this word males, because there is no such kind of inheritance whereof you shall read more in his proper place.

A man hath issue a sonne, and dieth, and the wife dieth also, lands are letten for life, the remainder to the heires of the wife, the sonne dieth without issue, the heires of the part of the father shall inherite, and not the heires of the part of the mother, because it vested in the sonne as a purchase.

"

But if a man marrieth an inheretrix, &c." Here there is another maxime that whensoever lands do descend from the part of the mother, the heires of the part of the father shall never inherit. And likewise when lands descend from part of the father, the heires of the part of the mother shall never inherit' Et sic paterna paternis, et è converso,

materna maternis.

"Shall have the lands by escheate.” Escheate, eschaeta, is a word of art, and derived from the French word escheat (id est) cadere, excidere or accidere, and signifyeth properly when by accident the lands fall to the lord of whom they are holden, in which case we say the fee is escheated. And therefore, of some, escheats are called excadentiae or terrae excadentiales. Dominus vero capitalis loco haeredis, habetur quoties per defectum vel delictum extinquitur sanguis sui tenetis. Loco