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SAVINGS. Irrigation. The Act saves (section 2) any right of the Government to
regulate the distribution of the waters of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation. This is in accordance with Act VIII of 1873, sec. 32, cl. (f). The power of the Executive to carry out schemes of irrigation, so important in a country like India', will thus remain unhampered. The Act also saves all enactments not expressly
repealed, such, for example, as the Forest Act, and, in the Panjab, Forest-con- Act IV of 1872, sec. 7, and in Oudh, Act XVIII of 1876, sec. 4. servancy. It thus avoids interference with forest-conservancy and with local Local usage.
usage in those parts of India in which customary law prevails. It also ex abundanti cautelâ, saves any customary or other right (not being a license) over land which any person may possess irrespective of any other land. Such rights, when conferred by licenze, are dealt with by Chapter VI.
LICENSES. Licenses. The Act ends with a chapter on Licenses, which, though
mentioned in the Evidence Act, secs. 116, 117, were nowhere dealt with in the body of Indian codified law. It defines license' as a grant of a right to do in or upon the grantor's immoreable property something which would in the absence of such right be unlawful, such right not amounting to an easement or an interest in the property? ; declares who may grant licenses ; states when alone they are transferable (herein varying from Wood v. Ledbitter, 13 M. & W. 838), declares the grantor's duties and rights, and the licensee's rights on revocation and on eviction.
The Bill which became the Easements Act was drawn by the writer, circulated in 1878, and again in 1879, to the Local Governments, revised by the Indian Law Commission, introduced (with the permission of the Secretary of State) to the Council and referred to a Select Committee in June 1881, and passed, in a somewhat mutilated condition, in February 1882. It has worked well during the last five years among the forty millions to whom it applies, and has falsified the predictions that it would give rise to litigation.
History of the Act.
1 See Mr. Justice Innes' Digest of · The grant of a rill in Dig. 8, 3, the English Law of Easements, 3rd ed. 37 seems an instance in Roman law of Pref. viii.
what English lawyers call a license.
* Easement' defined
(a) Exclusive right to enjoy
ib. 5 6
7 ib. ib.
THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS. Who may impose easements
8 Servient owners
9 Lessor and mortgagor Lessee Who may acquire easements Easements of necessity and quasi-easements
13 Direction of way of necessity
14 Acquisition by prescription
15 Exclusion in favour of reversioner of servient heritage Right which cannot be acquired by prescription
17 Customary easements
18 Transfer of dominant heritage passes easement
THE INCIDENTS OF EASEMENTS.
Rules controlled by contract or title
(a) right of way;
(e) other prescriptive rights
23 24 ib. 25 26 27 28 ib,
13. 13. ເບີ. i. ib.
29 30 31
THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS. Extinction by dissolution of right of servient owner Extinction by release Extinction by revocation
39 Extinction on expiration of limited period or happening of dissolving condition
40 Extinction on terinination of necessity
41 Extinction of useless easement
42 Extinction by permanent change in dominant heritage Extinction on permanent alteration of servient heritage by superior force 44
ACT No. V. OF 1882.
PASSED BY THE GOVERNOR GENERAL OF
INDIA IN COUNCIL.
(Received the assent of the Governor General on the 17th February,
An Act to define and amend the law relating to
Easements and Licenses.
Whereas it is expedient to define and amend the law relating to Easements and Licenses ; It is hereby enacted as follows:
PRELIMINARY. Short title. 1. This Act may be called The Indian Easements Act,
1882:' Local It extends to the territories respectively administered by extent.
the Governor of Madras in Council and the Chief Commis
sioners of the Central Provinces and Coorg; Commence- and it shall come into force on the first day of July, 1882. ment. Savings. 2. Nothing herein contained shall be deemed to affect any
law not hereby expressly repealed; or to derogate from
(a) any right of the Government to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds?, or of the water flowing, collected, retained or distributed in or
· The Act is silent as to pools (stagna), or natural collections of rainwater, sometimes dried up.