It seems I forgot to say my very personal article after I posted it a while once more. "Riparian Rights in Lower Canada and Canada East: Inter-Imperial Licensed Influences" was revealed as chapter 4 of Imperial Co-operation and Swap, 1870-1930: Empires and Encounters (Roland Cvetkovski & Volker Barth eds., Bloomsbury, 2015). I'll do a lot of posts primarily based totally on the article now; for the whole mannequin, please see the e ebook.
One of many very important dynamic areas of laws throughout the nineteenth-century Anglo-American world was that of water rights, or, as a result of it was often denoted then, “riparian rights”. This physique of laws dealt with the relative rights of house owners of land adjoining to water—riparian land—to utilize the flowing waters, whether or not or not for power, irrigation, transportation, fishing, or waste disposal. The historic enchancment of the laws on this self-discipline throughout the nineteenth century has been analysed from a lot of components of view, along with monetary property precept and Marxian approved historic previous. Transnational parts of the subject have not been neglected, as some have highlighted the transatlantic—that is, Anglo-American—framework by which this physique of doctrine developed, and others have examined utilizing Continental, civil laws sources by a number of of the American jurists liable for that enchancment. However the inter-imperial side of this story, significantly the meeting of the authorized tips of the British and French Empires, has gone unremarked.
The court docket docket case of Miner v. Gilmour might be seen as a result of the epicentre of this inter-imperial encounter. The case began as a battle throughout the 1850s between two distinguished residents of the Japanese Townships village of Granby, throughout the part of Canada then generally called Canada East (throughout the half century earlier 1841 known as Lower Canada, the southern part of instantly’s Quebec). Harlow Miner’s tannery on the south monetary establishment of the Yamaska River, town’s principal industrial enterprise, was powered by water directed from a dam throughout the river, nevertheless Francis Gilmour, town’s store-keeper, had been opening a sluice on the north side of the dam with a goal to allow the water to stream by and power his gristmill downstream. To have the ability to put a stop to Gilmour’s interference collectively along with his enterprise, Miner launched a lawsuit throughout the Superior Courtroom docket of the District of Montreal. When the court docket docket dominated in Miner’s favour, ordering Gilmour to cease and desist diverting water away from Miner’s mill, Gilmour launched an enchantment to the Courtroom docket of Queen’s Bench of Canada. Proper right here the selection went in his favour, and the court docket docket dismissed the plaintiff’s swimsuit. Sad with this final result, it was Miner who appealed this time, making use of the one remaining judicial recourse on the market to him, an enchantment to the Judicial Committee of the Privy Council in London.
The Privy Council, an organ of the British monarchy, was for years the supervisor physique by which British overseas possessions have been dominated, moreover listening to appeals from the courts of these colonies. In 1833, in an effort to supply these appeals a further judicial character, Parliament created the Judicial Committee of the Privy Council, composed primarily of judges from completely different British extreme courts. Though formally not a court docket docket of laws—the members of the committee did not placed on judicial garb, they sat spherical a desk with the occasions’ counsel and their alternatives have been, strictly speaking, merely options to the monarch, who would then concern an order giving drive to the recommendation—in observe it functioned like a court docket docket, and was dealt with as such by all. This new judicial physique was tasked with listening to appeals from overseas possessions (along with from the British court docket docket of Admiralty and ecclesiastical courts).