A Treatise on the Law of Navigable Rivers |
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Page xvi
... sovereign did not work any harm to the public , for the rea- son already indicated ; i.e. , because the streams above the influence of the tide were small and unimportant . Grants were made by the English sovereigns , particularly ...
... sovereign did not work any harm to the public , for the rea- son already indicated ; i.e. , because the streams above the influence of the tide were small and unimportant . Grants were made by the English sovereigns , particularly ...
Page xvii
... sovereign , before the grant was made , declared such a river a public highway , and the grant is not bounded on , at , or by the river in terms , in the patent ; and a mathematical line sepa- rates the land granted from the river . VI ...
... sovereign , before the grant was made , declared such a river a public highway , and the grant is not bounded on , at , or by the river in terms , in the patent ; and a mathematical line sepa- rates the land granted from the river . VI ...
Page 23
... sovereigns , then the public right amounted to nothing more than a servitude imposed upon it for the pur- pose of navigation . The right of property once vested , could not be taken away by calling the rivers public high- ways . But it ...
... sovereigns , then the public right amounted to nothing more than a servitude imposed upon it for the pur- pose of navigation . The right of property once vested , could not be taken away by calling the rivers public high- ways . But it ...
Page 43
... sovereign the right of possession thereof within his do- minions . If such waters , especially rivers , form the frontiers of different territories without any fixed agreement by treaty respecting the same , or any settled rights by ...
... sovereign the right of possession thereof within his do- minions . If such waters , especially rivers , form the frontiers of different territories without any fixed agreement by treaty respecting the same , or any settled rights by ...
Page 44
... sovereign power of the territory from which such grant proceeds shall not have expressed his will explicitly as to the extent of such grant . In such a case , certainly , it would be highly improper to give a private heritor upon the ...
... sovereign power of the territory from which such grant proceeds shall not have expressed his will explicitly as to the extent of such grant . In such a case , certainly , it would be highly improper to give a private heritor upon the ...
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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.