Section 37: Taking of prise
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
37. Taking of prise
(1) Shares of water shall be taken from the canal by means of a pipe or
aperture in metal, stone, or masonwork, and in no other way.
[Issue 5] R25 – 8
Revised Laws of Mauritius
(2) The position and size of every pipe or aperture, and of any dam,
canal, basin, or other work shall—
(a) where the canal is administered by a corporation or other body
on behalf of the community, be regulated and determined in conformity with the titles by that body;
(b) in any other case, be regulated and determined by the Supreme
Court.
(3) Subsection (2) shall not apply to any claim founded on written or
prescriptive title.
(4) Notwithstanding possession for any length of time of a portion of
water of any canal, without the portions being defined as a certain number
of shares, the party or parties interested shall only have right to one or more
shares or fractional parts of shares of the canal, to be determined according
to their titles or other evidence, and to be measured under this Act upon the
application of an interested party.
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