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" 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... "
Laws Relating to the Navy, Annotated ...: In Force January 1, 1945 - Σελίδα 58
των United States - 1945
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The Kansas City Review of Science and Industry, Τόμος 8

1885
...United States in the case of Daniel Ball, 10 Wallace, 557, fitly applies to this river. The court said : "Those rivers must be regarded as public, navigable...fact. And they are navigable in fact when they are susceptible of being used in their ordinary condition as highways for commerce over which trade and...

A Treatise on the American Law of Easements and Servitudes

Emory Washburn - 1885 - 829 σελίδες
...affected by the ebb and flow of the tide. They are regarded as public navigable rivers in law, if they are navigable in fact. And they are navigable in fact...susceptible of being used, in their ordinary condition, 1 Morgan v. King, 35 NY 454, 456; Ex parte Jennings, 6 Cowen, 518. See also Laney v. Clifford, 54 Me....

The American Reports: Containing All Decisions of General Interest ..., Τόμος 54

Isaac Grant Thompson - 1886
...citizens of said State and of the United States." Said FIELD, J., in The Daniel Ball, 10 Wall. 557: " Those rivers must be regarded as public navigable...customary modes of trade and travel on water." And in The Montello, 20 Wall. 430, it is said: "It would be a narrow rule to hold, that in this country,...

The Navigation Laws of the United States

United States - 1886
...when they are used, or are ttns•ceptible of being nued, in the ordinary condition, as highways of" commerce over which trade and travel are or may be...navigable waters of the United States, within the meaning of the acts of (,'ongress, in contradistinction from the navigable waters of the Slates, when they...

Introduction to American Law: Designed as a First Book for Students

Timothy Walker - 1887 - 841 σελίδες
...McMauus ». Carmichael, 3 Iowa, 1 ; The Daniel Ball, 10 Wall. 557 ; The Montello, 11 Wall. 411 }• . Those rivers must be regarded as public navigable...the customary modes of trade and travel on water. The Daniel Ball, 10 Wall. 557 -{The Montello, 20 Wall. 430. At some seasons of the year with tolerable...

Report of the Governor of New Mexico to the Secretary of the Interior

New Mexico. Governor - 1887
...Hall (10 Wallace, 557) the Supreme Court says: "Those rivers must be regarded as public uavi«rable rivers in law which are navigable in fact, and they...the customary modes of trade and travel on water." In the Montillo (20 Wallace, 431) the court says: "If it be capable in its natural state of being used...

The National Democratic Party: Its History, Principles, Acievements, and Aims

William Lyne Wilson - 1888 - 639 σελίδες
...the Supreme Court of the United States in the case of the DANIEL BALL, 10 Wallace, 557, as follows : "Those rivers must be regarded as public, navigable...navigable waters of the United States, within the meaning of the acts of Congress, in contradistinction from the navigable waters of the States, when they form,...

Lawyers' Reports Annotated, Βιβλίο 5

1889
...be applied to determine the navigability of rivers, and that is found in their navigable capacity. Those rivers must be regarded as public navigable...the customary modes of trade and travel on water." In Angell on Watercourses, g 535, is this language: "All rivers above the flow of tide water are, by...

The Green Bag, Τόμος 16

1904
...water of the United States. The court says that the old test of tidal effect has long been abandoned. Those rivers must be regarded as public navigable...rivers in law which are navigable in fact, and they constitute navigable waters of the United States when they form a continuous highway over which interstate...

United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1890
...law which are navigable in fact. And, as said in the case of The Daniel Ball, 10 Wall. 557, 563 : " they are navigable in fact when they are used, or...the customary modes of trade and travel on water." The same reasons, therefore, exist in this country for the exclusion of the right of private ownership...




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