The Ocean, the River, and the Shore

“Et quidem naturali jure communia sunt omnium hæc: aer, aqua profluens, et
mare et per hoc litora maris.”--Inst. 1. 2. t. 1.

LONDON:
ROUTLEDGE, WARNE, AND ROUTLEDGE,

FARRINGDON STREET.

1863.

[The right of Translation is reserved.]

PRINTED BY JOHN EDWARD TAYLOR, LITTLE QUEEN STREET,

LINCOLN'S INN FIELDS.

PREFACE.

This book is intended rather for the merchant, the mariner, the riparian proprietor, the fisherman, the jurist, and the general reader, than for the lawyer; although it is hoped that he will not find it useless. We must impress on the mind of the reader, that the references to books and cases are to direct him to information on the subject, and not to authorities for the propositions stated. It will often be found that the text differs from the writings to which reference is made. The object of the authors is to show what is law, rather than what has been enunciated and accepted as law.

The years of the Christian era are indicated thus-100. Years before the Christian era, thus-B.c. 100.

The design comprises fishing, the use of waters, and the shore ; but each part will be, so far as practicable, complete and independent of the others.

Free is the ambient air, and quite as free
The heaving billow of the open sea.
Free are the river's course and sparkling rill ;
To sail, to fish, for each to quaff his fill.
But war denies the freedom nature gave,
And sends new terrors o'er the stormy wave.
The fertile lands are cantled out; and they
Alone, who share them, seize the feathered prey
And finny wanderers of the watery way.
Stern usurpation taints the bounteous stream
With miner's poison and with miller's steam,
And plants his weirs, and stake-nets on the shore,
And robs alike the fisher and the poor ;
And dams the current for his single gain,
While herds and pastures pine, but pine in vain,
For brooks imprisoned and sequestered rain.