New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-04-25
xRw PUBLICATIONS.


oS rHT AMERICAN LAW OF EASE.
n iMENTs AND sERVlTUDEs; bX hsohf "A'A"'A''
IL D. $40. PIP. 649. George We O-"a''
~ ,necial American work has heretofore been
,nbli.bad Oh the subject 10 which this volume Is de-
.o,sd The distinguished professor OF law In mar
- Trniver,itv. who is already favoraby known IN
chs literature Of the profession by bis valuable trea
,;.s On real property, was induced to undertake the
present work by the representations OF various emil
pent iurists rs well as BY bis own CONVICTIONS oi 'ne
need Of the enterprise. Numerous cases are iouhu
IN the volumes of American reports bearing olrectly
rnon the subject in question, and exhibiting no
L.. ability and research than are displayed in the
.hlost ind pents on the records Of tue English
Court,. The two countries moreover, are so dis
similar in their social and political condition, that
treatise on the English law alone could not satisfy
the demands of the profession in the Uoted States.
Professor Wsshburn, accordingly, has attempted IN
ths volume to present the Of the cases which
have been adudieated in this country, showing the
relation of American common law on the complex
subject to that Of England, and enabling the student
10 comprehend the progress Of legal opinion oo'n ~
Che British and American Courts. The ma''er VI
this volume is distributed into six chapters inc Hi'
treats of the nature character, and MODE OF arqu'
ing easements and servitudes; the seeohu VI ''e
msnts and servitudes Of way tie third OF esenO"''
and seryitudes of water; the fourth oil Easements
and seryitudes other than of way and water; the
fifth Of loss or extingushment Of easements and the
sixth of repsirs of easements and remedy for inJu-
VIA. Altar ouotiug the definition of easemsnte
adopted by Mr.. Justice Bayley from an ancient
French treatise as "a privilege that one neighOor
l. Oh and nraecript, without
nro6t" and illustrated way or sink through his
land, or such like" Professor Washoun tsrselJ
sums up their essential qualities as follows "Flis''
they are incorporeal; second, they are imposed on
corporal property, and not upon the owner thereof
third. they confer no right 10 participation IN the
profits arising from such properyi fourth, they are
imposed for the beneit Of corporal property; and
6b there must be two distinct tenemens, the domi'
nant to which the right belongs, and the servlent,
upon which the obligation rests" Among the SUB
jecs Of general and almost Of popular interest which
are discussed in this volume, We may enumerate
property In streams and water courses, the rights oil
irrigation, the u,e of water for mills, the rights II
caves drip, the rights Of fishery, easement OF sup
port of houses, easement Of party walls, Easements
and seryi.udes of light and air, and great variety Of
similar and miscellaneous questions. Professor
Wsshburn writes with commendable freedom and
~igOr; he rarely falls into the tedious and uDpFOfta
bls difuseness which is often the bans OF this de-
partment of authorship; although he loves to present
case in all possible aspects and always fortifes hi
position by an ample array Of authorities. HIS la
bora promise TO form worthy continuation Of the
gifts made to the profession by the Harvard Law
School in the works Of Greenleaf StesrDs Story an(
Parsons.