INDEX.

ABATEMENT.

of obstructions to navigation as public nuisances, 115 to 117.
ACTION ON THE CASE.
lies for special damage from the obstruction of navigation, 119 to

121.
ADMIRALTY.

right of the several States in and over their tide waters, in re-

ference to the admiralty jurisdiction of the federal judiciary, 59,

167 to 170.
jurisdiction, as depending upon ebbing and flowing of the tide,

73, 75.
jurisdiction in the river Mississippi, 73.
ALABAMA.

on the same footing as the original States in respect to the sove-

reign and public right in its tide waters, 53 to 59.
ALLUVION.

alluvial increases if added gradually and imperceptibly to the

upland, belong to the riparian proprietor, 249 to 253.
the great value of such increases in the delta of the Mississippi,

and at New Orleans, 197, 252, 255.
suit respecting the batture, at New Orleans, 252, 255.
what is an “ imperceptible” increase, 255 to 258.
sea-weed on the shore is such an increase, and belongs to ripa-

rian proprietor on that principle, 259 to 261.

but not if below low-water mark, 261.
ARM OF THE SEA.

what is, 73.
AVULSION.
change of soil by, how it affects the right of property, 269.

BATHING.

in the sea, &c., whether a common law right, 28 to 33.

must be practised with decency, 33 to 35.
BATTURE.

See Alluvion.
BEACH.

See Shore.
BRIDGES.

over tide waters, authority to erect considered, 99 to 111.
erection of a bridge so near another as to diminish the tolls of

the latter, 99 to 105.
of the general power of a State legislature to authorize the erec-

tion of a bridge, 105 to 111.
erection of, without legislative authority, a public nuisance,

105, 111.
See Nuisance.
under legislative authority, not contrary to Constituțion of United

States, 106, 123, (note).
See Constitution.
public convenience consulted by requiring draws for the passage

of vessels, 107 to 110.
grant of a right to erect toll bridge, gives only an easement in

the land at the ends of it, 110.
BUOY.

must be placed over a vessel sunk in a navigable channel, 113.

CHARTER.

colonial charters how construed, as affecting the right of pro-

perty in tide waters in this country, 38 to 43.
charter of Massachusetts, 39, 40, 43.

Maryland, 40, 41, 127, 129.
New Jersey, 42, 43, 129 to 131.

Pennsylvania, 45.
public right of fishery not impaired by any of the colonial char-

COMMISSIONERS OF SEWERS.

for what purpose created, and their antiquity, 91.

as supervisors of navigation, 91, 96.
COMMON LAW.

wherein at variance with the civil law as to right of property in

tide waters, 19, 68, 79, 176, 178, 197.
general doctrine of, as to property in and common right to, tide

waters, 18 to 35.
the king universal occupant, by, 19.
his proprietary interest by, in the tide waters of England, 19,

et seq., 198 to 203.
See Navigation - Fishery.
various appellations of the common law, 22.
why called “common right," 22, 23.
excellency of, 23.
introduction and application of, in this country, before and since

the revolution, considered in respect to right of property in

tide waters, 36 to 65.
CONGRESS.

See Constitution.
CONSTITUTION.

of the United States, authority under of Congress to regulate

commerce, 60 to 65, 86, 87, 106, 123, note, 158 to 162.
citizens of each State entitled under, to the navigation of the waters

of the several States, 59, 86, 162 to 167.
admiralty jurisdiction created by, 59, 167 to 170.
the power of the States limited in these respects, 59 to 65, 86, 87,

157 to 170.
under the constitution, new States are upon the same footing in

respect to their tide waters, as the original States, 53 to 59.
CONNECTICUT.

confirmation of Indian grants by colonial legislature of, 52, 53.
construction of such grants, in respect to tide waters, 52, 53.

See Fishery.
COUNTY.

CUSTOM, continued.

how it differs from prescription, 271 to 273.
of the evidence of, 275, 281.
See Prescription.
right of way to the shore, by, 191.
landing places, 183 to 190.

DAMNUM ABSQUE INJURIA.

the maxim, as applied to private injury by the improvement and

protection of navigation, 93 to 105.
DELAWARE BAY.

whether within the County of Cumberland in New Jersey, 6, 7.
DELAWARE RIVER.

as to jurisdictional rights over, by New Jersey, and Pennsylvania,

9 to 14.

EQUITY.

information in, when it lies for a public nuisance, 117 to 119.
when for a purpresture, 200.
special damage from a public nuisance, authorizes a proceeding in

equity, 121, 123.

FISHERY.

in tide waters public and common, 21.
the King of England can grant no exclusive right of, 23 to 26,

142 to 144.
common of fishery and free fishery the same, 126, (note.)
there may be a several fishery in an arm of the sea without owner-

ship of the soil, and vice versa, 33, 134, 137.
right of, as determined by the flowing of the tide, 76.
right of, as subservient to right of navigation, 80 to 83, 125.
public and common right of, fully considered, 124 to 144.
not affected in this country by the colonial charters, 127 to 132.
not, primå facie, subject to town regulations, 133.
extends to the taking of oysters, 130, 139 to 141.
and to all shell-fish on the shore, 135 to 137.
fish when taken, exclusive property of the taker, 137, 138.
unless restored to their original element, 137, 138.
but oysters taken may be planted in another place, and the pro-

perty in them still retained, 139, 141.