A Treatise on the Law of Navigable Rivers |
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Page xiii
... law in relation to these great highways , it is the purpose of this work to ... law of England , measuring the navigability or non - navigability of a river by ... Common Law , correctly understood , the author will aim to establish ; and ...
... law in relation to these great highways , it is the purpose of this work to ... law of England , measuring the navigability or non - navigability of a river by ... Common Law , correctly understood , the author will aim to establish ; and ...
Page xiv
... Common - Law rule . In Virginia , on the other hand , a law of the Legislature , passed in 1802 , declared the beds of all rivers the common property of all the people of the State ; and in Massachusetts the rights of the owners of the ...
... Common - Law rule . In Virginia , on the other hand , a law of the Legislature , passed in 1802 , declared the beds of all rivers the common property of all the people of the State ; and in Massachusetts the rights of the owners of the ...
Page xv
Louis Houck. the supposed Common Law was adopted without qualifica- tion . As new States arose west of the Alleghanies , although the absurdity of the supposed Common Law , when applied to the great rivers of the interior , was manifest ...
Louis Houck. the supposed Common Law was adopted without qualifica- tion . As new States arose west of the Alleghanies , although the absurdity of the supposed Common Law , when applied to the great rivers of the interior , was manifest ...
Page xvii
... Common Law of England is nothing else but the common custom of that realm ; and when English lawyers say , that , by the Com- mon Law , all rivers in which the tide flows are navigable , and such in which the tide does not flow are not ...
... Common Law of England is nothing else but the common custom of that realm ; and when English lawyers say , that , by the Com- mon Law , all rivers in which the tide flows are navigable , and such in which the tide does not flow are not ...
Page 2
... law.2 If , however , it should be found that rivers in which the tide does not ebb and flow are navigable , the definition of the Common Law would be incorrect as a test , because it fails to express the truth , and daily actual ...
... law.2 If , however , it should be found that rivers in which the tide does not ebb and flow are navigable , the definition of the Common Law would be incorrect as a test , because it fails to express the truth , and daily actual ...
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Common terms and phrases
adjoining admiralty Alluvion applied ascertained authority banks belong boats boundary bounded Bracton Bridge Civil Law commerce Common Law rule Constitution Crown defendant doctrine ebb and flow eminent domain England erected expressly extended facie ferry fishery flow and reflow fractional sections franchise gable Government high and low high-water mark Iowa islands Jure Maris juris jurisdiction king lakes Law of France legislative Legislature Lessee limits Louisiana low water mark low-water mark mathematical lines Mayor Mississippi River navi navigable rivers navigable stream navigable waters nuisance obstruction Ohio Ohio River ordinance ownership plaintiff plat principle public highways public lands public rivers regulate riparian owner riparian proprietor River Banne Roman Law says shore soil Soulard South Carolina sovereign Statutes Steamboat supposed Common Law Supreme Court survey surveyor territory tide ebbs tide-water tion toll tract treaty United vessels Wend wharf wharfage wharves Woolrych on Waters
Popular passages
Page 215 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas...
Page 78 - When the Revolution took place the people of each State became themselves sovereign, and in that character hold the absolute right to all their navigable waters, and the soils under them, for their own common use, subject only to the rights since surrendered by the Constitution to the general government.
Page 80 - New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.
Page 214 - An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam...
Page 74 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 88 - The public lands shall be divided by north ***' and south lines run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square...
Page 29 - At the time the Constitution of the United States was adopted, and our courts of admiralty went into operation, the definition which had been adopted in England was equally proper here.
Page 215 - ... shall also have exclusive original cognizance of all seizures on land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States.
Page 216 - States shall have, possess, and exercise the same jurisdiction in matters of contract and tort, arising in, upon, or concerning steamboats and other vessels of twenty tons burden and upwards, enrolled and licensed for the coasting trade, and at the time employed in business of commerce and navigation between ports and places in different States and Territories...
Page 149 - imperceptible ' in this issue, as connected with the words 'slow and gradual,' we think it must be understood as expressive only of the manner of the accretion, as the other words undoubtedly are, and as meaning imperceptible in its progress, not imperceptible after a long lapse of time.