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 SeaThacker, Spink and Company, 1891 - 439 páginas 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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Términos y frases comunes
14 Suth according accretion adjacent adjoining alluvial increments alluvion alveus Angell on Watercourses artificial assessment Attorney-General bank belong boundary Chowdhry Chunder chur claim clause Common law Court Crown dereliction diluviated diluvion doctrine Easements encroachment England English law entitled filum aquae flow foreshore frontage Gould on Waters Government grant Hargrave's Law Tracts held Ibid India Inst island Iure Maris judgment L. J. Ex law of France Lord Advocate Lord Hale low-water mark manor Narain non-navigable non-tidal ownership plaintiff portion possession prescription primâ facie private individual Privy Council public right purposes question reasonable reformation regard Regulation XI rent revenue right of fishery right of fishing riparian estate riparian owners riparian proprietor riparian rights Roman law rule shore Singh soil Supra Suth territorial water tidal navigable river tidal river tide tion Ulpian Vinnius Watercourses 7th Whitstable wreck
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Página 76 - This line is to be found by examining the bed and banks, and •ascertaining where the presence and action of water are so common and usual, and so long continued in all ordinary years, as to mark upon the soil of the bed a character distinct from that of the banks, in respect to vegetation, as well as in respect to the nature of the soil itself.
Página 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.
Página 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...
Página 278 - ... and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Página 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.
Página 274 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. ' Aqua currit et debet currere ut currere solebat,
Página 30 - It seems to them that, in point of fact, the British Government has for a long period exercised dominion over this bay, and that their claim has been acquiesced in by other nations, so as to show that the bay has been for a long time occupied exclusively by Great Britain, a circumstance which in the tribunals of any country would be very important.
Página 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.
Página 176 - Where, from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right of way over the bank.
Página 305 - But it is a very different question whether he can take away from the owner of the land below one of its natural advantages which is capable of being applied to profitable purposes, and generally increases the fertility of the soil, even when unapplied, and deprive him of it altogether by anticipating him in its application to a useful purpose.