of swimming it was deemed an evidence of his guilt; but, if he sunk, he was acquitted. Id. —Water-power. The water-power to which a mpenen owner is entitled consists of the fall in the stream, when in its natural state, as it passes through his land, or along the bounda of it; or, in other words, it consists of the difference of level between the surface where the stream first touches his land, and the surface where it leaves it. McCalmont v. Whitaker, 38