a cistern does not have a perpetual source nor running water, since it is filled by  rains, and so a lake, a fish pond or a well sometimes do not have running water.14 If  one is prohibited from going to a spring15 he has the action quare quis obstruxerit,  because he to whom a right to draw water is granted, is also granted a right of way to  the spring and access to it, and though he may use it, 16he may not seek or open new  springs, because he may not use it otherwise than he is accustomed to use it in any  other year.1718 A channel is a place sunk throughout its length in which water runs.  A water-hole is a place looked down upon; from it public exhibitions (spectacula)  derive their name.19 To repair means to restore what has fallen into decay to its  former state.20 He is permitted to repair and cleanse a channel who has the right to  the servitude and who makes the repairs for the purpose of conducting water.21 I say  to its former state because 22if one lowers or raises a channel, widens or extends it,  covers or uncovers it,23 he transgresses by committing excess. A water-course is sometimes  owed and 24 granted to lands, sometimes to persons; if to lands, it is not extinguished  with the death of the person; if to persons it dies with them, and thus does  not pass to a successor.25 If I have the right of conducting water during the day or  night, I may not conduct it at an hour other than that to which I have the right.26  Water may be divided not only by time but also by quantity.>27 as in the case of the  detention of beasts against gage and pledge, because of the common welfare, lest  animals, kept too long confined, should perish.28 And so with regard to pasture and  fishery and the having of rightful estovers in wood and heath,29 as to which he does  not have the power to take cognisance without a warrant, only with respect to the  road obstructed, but without a writ provided he does so immediately, while the wrong  is still fresh, at the complaint [but after a long interval he must not intermeddle without  a warrant and a writ. It will not be lawful for the sheriff to intervene without a  writ after the time granted to a disseisee [for self help].]30 of the person wronged.31  The form of the writ directed to the sheriff with respect to the road is as follows.
Form of writ for justicing a person to permit another to have a right of way.
 The king to the sheriff, greeting. We order you to justice such a one that rightfully  etc. he permit such a one to have a certain right of way in his land of such a vill which  he ought to and is accustomed to have, as he says, according as he may reasonably  show that he ought to have it there. Lest we hear further etc. A writ of pasture is  sometimes directed to the sheriff in this form. We order you to justice such a one  that rightfully etc. he permit such a one to have his common of pasture in his land