Pond

A body of stagnant water; a pool, either natural or artificial. 13 Pick. (Mass.) 265. A pond differs from a lake only in size. 1 Starkle, Ev. 554; Best, Ev. 426, § 389; 14 Wend. (N. Y.) 105, 109. PONDUS (Lat.)

In old English law. Poundage; literally, weight. A duty anciently paid to the king. PONDUS REGIS (Lat.)

In old English law. The king's weight; the standard weight appointed by the king. Cowell; 1 Bl. Comm. 276. PONE (Lat. power e, to put).

In English practice. An original writ issuing out of chancery, for the purpose of removing a plaint from an inferior court into the superior courts at Westminster. The word signifies "put," — put by gages, etc. The writ is called from the words it contained when in Latin, Tpone per vadium et salvos plegios, etc., put by gage and safe pledges, etc. See Fitzh. Nat. Brev. 69, 70a; Wilkinson, Repl. Index.

A body of stagnant water; a pool. See Call. Sew. 103., Any one has a right to erect a fish-pond; Ow. 20. Where land bounding on a lake or pond is conveyed, the grant extends only to the water’s edge if it is a natural pond (some cases hold to low- water mark; Waterman v. Johnson, 13 Pick. [Mass.] 261); but to the middle of the stream if it is artificial; Ang. Wat. Cours. § 41. See 3 Washb. R. P. 5th ed. *633. By the common law, fresh water lakes and ponds, except the great navigable lakes, belong to the owners of the soil adjacent, who own the soil usque ad filum aquw; Hardin v. Jordan, IK) U. S. 371, 11 Sup. Ct. 808, S3S, 35 L. Ed. 428. See Attorney General v. Pond Aqueduct, 133 Mass. 364. See Lake. That the public authorities have no statutory right to lease ponds which are in private ownership will not prevent a lease by them from forming the basis of a prescriptive title in the public; Attorney General v. Ellis, 108 Mass. 91, 84 N. E. 430, 15 L. R. A. (N. S.) 1120.

A body of stagnant water without an outlet, larger than a puddle and smaller than a lake; or a like body of water with a small outlet. Webster. And see Rockland Water Co. v. Camden & R. Water Co., 80 Me. 544, 15 Atl. 785, 1 In R. A. 388; Concord Mfg. Co. v. Robertson, 66 N. H. 1, 25 Atl. 718, 18 lu R. A. 679. A standing ditch cast by labor of man's hand, in his private grounds, for his private use, to serve his house and household with necessary waters; but a pool is a low plat of ground by nature, and is not cast by man's hand. Call. Sew. 103.

— Great pouds. In Maine and Massachusetts, natural ponds having a superficial area of more than ten acres, and not appropriated by the proprietors to their private use prior to a certain date. Barrows v. McDermott, 73 Me. 441; West Roxbury v. Stoddard, 7 Allen (Mass.) 158.

— Public pond. In New England, a great pond; a pond covering a superficial area of more than ten acres. Brastow v. Rockport Ice Co., 77 Me. 100; West Roxbury v. Stoddard, 7 Allen (Mass.) 170.

See Lakes. The great ponds of the commonweilth belong to the public, and, like the tide-waters and navigable streams, are under the control of the government.^ See Ice; Riparian; Water.