The Swindon Waterworks Company Ltd v The Company of Proprietors of the Wilts and Berks Canal Navigation

JurisdictionEngland & Wales
CourtHouse of Lords
Judgment Date15 June 1875
Judgment citation (vLex)[1875] UKHL J0615-1
Date15 June 1875

[1875] UKHL J0615-1

House of Lords

The Swindon Waterworks Company (Limited)
and
The Company of Proprietors of the Wilts and Berks Canal Navigation.
1

After hearing Counsel as well yesterday as this day upon the Petition and Appeal of the Swindon Waterworks Company, Limited, whose registered place of business is at Swindon, in the county of Wilts; complaining of an Order of the Lords Justices of the Court of Appeal in Chancery, of the 10th of March 1874; (which said Order was duly signed and enrolled on the 27th of April 1874;) and praying their Lordships to reverse the said Order, and to affirm the Decree of the Vice-Chancellor Sir Richard Malins, of the 3d of December 1873, and that the Petitioners might have such further or other relief in the premises as to this House, in their Lordships great wisdom, might seem meet; as also upon the Answer of the Company of Proprietors of the Wilts and Berks Canal Navigation, put in to the said Appeal; and due consideration had of what was offered on either side in this Cause:

2

It is Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the said Order of the Lords Justices of the Court of Appeal in Chancery, of the 10th of March 1874, complained of in the said Appeal, be varied, as follows; namely, "It is Declared that the Plaintiffs (Respondents), as the owners of the tenement called Wayte's Mill, are entitled to the Wroughton Stream, and to the waters flowing in a defined and natural channel into and forming part of the same, as such stream and waters have been accustomed (before the interference therewith in the Bill complained of) to flow down to the said tenement, subject to the ordinary and reasonable use of the said stream and waters by the riparian owners higher up upon the said stream; and it is Declared that the diversion by the Defendants (Appellants) of the said stream and waters into their reservoir near Wroughton village for the purpose of supplying water to the town of Swindon is not within such ordinary or reasonable use: And it is also Declared, That the Plaintiffs (Respondents), under and by virtue of the powers contained in the Acts of Parliament, in the Pleadings mentioned, are entitled to use the said stream and waters as the same have been accustomed (before such interference as aforesaid) to flow down to and into their canal, so far as the said stream and waters are required for the supply and...

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