The Law of Riparian Rights, Alluvion and Fishery: With Introductory Lectures on the Rights of Littoral States Over the Open Sea, Territorial Waters, Bays, &c., and the Rights of the Crown and the Littoral Proprietors Respectively Over the Fore-shore of the Sea

Εξώφυλλο
Thacker, Spink and Company, 1891 - 439 σελίδες
The law of riparian rights, alluvion and fishery: with introductory lectures on the rights of littoral states over the open sea, territorial waters, bays, &c., and the rights of the crown and the littoral proprietors respectively over the fore-shore of the sea.
 

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Δημοφιλή αποσπάσματα

Σελίδα 108 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Σελίδα 275 - Streams of water are intended for the use and comfort of man ; and it would be unreasonable, and contrary to the universal sense of mankind, to debar every riparian proprietor from the application of the water to domestic, agricultural, and manufacturing purposes...
Σελίδα 274 - Every proprietor of lands on the banks of a river, has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run, (currere solebat,) without diminution or alteration.
Σελίδα 278 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land ; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Σελίδα 37 - I have had in this very obscure question, point out that the limit indicating such land is the line of the medium high tide between the springs and the neaps.
Σελίδα 360 - Fresh rivers of what kind soever, do of common right, belong to the owners of the soil adjacent...
Σελίδα 19 - Majesty's dominions, is an offence within the jurisdiction of the Admiral, although it may have been committed on board or by means of a foreign ship, and the person who committed such offence may be arrested, tried, and punished accordingly.
Σελίδα 80 - In delivering the judgment of the Court of Exchequer in the subsequent case of Broadbent v. Eamsbotham (11 Exch. Rep. 602, 615), Baron Alderson observes, that " all the water falling from heaven, and shed upon the surface of a hill, at the foot of which a brook runs, must, by the natural force of gravity find its way to the bottom, and so into the brook ; but this does not prevent the owner of the land on which it falls from dealing with it as he may please, and appropriating it.
Σελίδα 19 - ... the rightful jurisdiction of her majesty, her heirs and successors extends, and has always extended, over the open seas adjacent to the coasts of the United Kingdom, and of all other parts of her majesty's dominions, to such a distance as is necessary for the defence and security of such dominions.
Σελίδα 398 - ... forfeit and pay, over and above the value of the fish taken or destroyed (if any), such sum of money, not exceeding five pounds, as to the justice shall seem meet...

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