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as to navigable rivers narrowed by De Jure Maris

the true, as to navigable rivers

DE JURE MARIS,

D.

authorship of by Lord Hale, questioned by Mereweather

by Phear

rule as to navigable rivers laid down in

conflicts with Bracton

how reconciled

narrows down Common Law

age in which treatise was written.

E.

Section

39

14, 15

31

31

33

34

35-38

39

36

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right to a public, may be gained by prescription.

is not an incident to land

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may be owned by one not an owner of adjacent land
when termini of, a public road.

State can create rival ferries, unless charter exclusive in
terms

when entirely within a State, Congress no power to
require a license

FERRYMAN,

is a common carrier

FISHERY,

in the sea

kinds of.

definition of

open to all in a navigable river

rule in Connecticut

rule in Pennsylvania.

rule in North Carolina

common in the Mississippi River.

subordinate to right of navigation

FRANCHISE,

definition of a

311

312-314

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arising in navigable rivers, belong to the State
rule in England as to, arising in navigable waters
case of Jones v. Soulard discussed.

LAW OF NATIONS,

L.

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attempt to trace the distinction of navigability by the

tide to .

extent of

LANDS, PUBLIC,

grants of, limited by mathematical lines

LEGISLATIVE ACTION,

of the States in relation to navigable rivers

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78

130

139, 140

84

92

93

94

103

100

91

98

99

96

97

90

85

86

87

102

89

101

105, 148

103

Section

104

105

118

83

121, 122

148

150

148, 150, 170

7

59, 182

183

185

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Walker's construction of acts of Congress

ad medium filum doctrine not applicable in

United States

LOW-WATER MARK,

what is

extending right of riparian proprietor to

no foundation for this rule in Common Law

Handley's Lessee v. Anthony, cited and explained

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system discussed by the Alabama Supreme Court

by the Michigan Supreme Court

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MEANDERED LINES,

(See Mathematical Lines.)

MISSISSIPPI,

discovery of

107

considered navigable by the treaty of 1763

107

1785

110

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public user most unfailing test of a, even in England
Lord Mansfield's views

an act of Parliament will not, of itself, make a
conflict between Bracton and De Jure Maris

definition in Bracton's day.

title to bed of, in England, in Crown

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rule of England as to, cannot be rule in United States.

general error in the United States

Taney's expositition of the subject

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repudiation of the usual English definition

contest in New York

rule in Illinois.

rule in Mississippi, attempt to trace the rule to the law

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rule in New-England States in conformity with the

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3, 22
12, 16, 43

41

4, 13

14, 15, 43

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14, 20, 21

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how it affects the rights of the States to allow bridges. 188-199

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when made navigable at public expense, are juris publici
different when made passable at private expense.
right of private property not divested

PUBLIC LANDS,

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271, 275

275

273

274

276

177

279-293

294-310

40, 42

40

42, 44

123

28

40, 42

300, 307

303

1

1

2

3, 16

3, 16

5

6

12

40, 42

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if made a, by the destruction of an intervening estate .
rule under the Civil Law

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