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FISHERY, continued.

dredging for oysters illegal, under stat. Rich. II., 141.
public right of fishery may be abridged by legislative grant, 144,

150 to 152, 156.
is subject to legislative acts for its regulation, 63, 145 to 170.
local law respecting, in Pennsylvania, 145 to 150, 193.

in Massachusetts, 150 to 154, 191, 192.
in Maine, 154, 155.
in Connecticut, 155, 156.

in other States, 156.
a law of a State excluding the citizens of other States from fish-

ing in its waters, not unconstitutional, 156 to 170.
public right of fishery does not extend to the use of the upland

for drawing seines, 141, 193, 194.
nor the erection of fishing huts, 194, 195.
exclusive rights of, acquired by custom and prescription, 270 to

288.
FISHING HUT.

See Riparian Ownership.

GRANT.

royal grants, inconsistent with the public rights of navigation and

fishery, void, since magna charta, 23 to 28, 85.
grants by and under colonial charters, in respect to tide waters.
See Charter.
validity of Indian grants in this country, and the effect of their

confirmation, in respect to tide waters.
See Indian Grants.
legislature may grant an exclusive right of fishery, 144, 150 to

152, 155, 156.

HIGH-WATER MARK.

defined, 68 to 75.
what is, by the civil law, 68.

ordinance of Louis XIV., 69.
law of Scotland, 69.
the common law, 69 to 71.

the law in this country, 71, 72.
HIGHWAYS.

See Rivers.

INDIAN GRANTS.

of no validity, 47 to 49.
confirmation of, which include tide waters, gives no private rights

of property therein, 49 to 53.
INDICTMENT.

obstructions to navigation indictable as public nuisances, 115, 202

to 224.
INFORMATION.

in equity, when it lies for a public nuisance, by the attorney-

general, 117 to 119, 200.

when for a purpresture, 200, 201.
INJUNCTION.

See Equity.
ISLANDS.

newly formed, belong to the sovereign, 267.
unless an individual has had a grant of the soil before their forma-

tion, 268.
land made an island by the dividing of a river, is not lost to the

owner, 268, 269.

JURISDICTION.
territorial, over the sea, arms of the sea, &c., 1 to 7.

“navigable" rivers, 7 to 16.
right of, involves the right of property, 1.
of the king over the British seas, 3, 20.
jurisdictional line between United States and British Provinces

in Passamaquoddy bay, 7.
as to, over the river Potomac, 8.

over the river Delaware, 9 to 14.
jurisdiction of towns over tide waters, gives no right of property

therein, 46, 47.
admiralty jurisdiction under the constitution.
See Constitution.

KING.

of England.
See Common Law - Navigation - Fishery.
nature of his proprietary interest in tide waters, and soil thereof,

23, et seq.
royal grants of interest in tide waters, subject to the jus pub-

licum, 27, 199.

LANDING PLACES.

See Riparian Ownership.
LEGISLATURE.

See State Navigation Fishery.
LOUISIANA.

civil law prevails in, as to right of property in tide waters, 45.

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MAGNA CHARTA.

restrains the king from obstructing navigation, and public right of

fishery, 23, 25, 26, note, 84, 199, 142 to 144.
MAINE.

colonial ordinance of Massachusetts of 1641, extends to.

See Fishery.
MARINE INCREASES.

See Alluvion - Reliction - Islands.
MARYLAND.

colonial charter of, as affecting the right of property in tide waters,

40, 41.
See Charter.

law in, relative to wharves, 246 to 248.
MASSACHUSETTS.

county of Suffolk in, its jurisdictional limits, 5, 6.
colonial charter of, as affecting the right of property in tide waters,

39, 40, 43, 142 to 144.
colonial ordinance of, of 1641, referred to, 75, 111, 150.
and considered at length, 225 to 234.
See Fishery,

NAVIGABLE RIVER.

right of jurisdiction over, in the sovereign of the territory ad-

joining, 7.
where a boundary line between two nations, each holds to the

middle, unless, &c., 7, 8.
right of use, for navigable purposes, belongs in common to each

nation adjoining, 15, 16.
See Jurisdiction Delaware River.
legal definition of, 75 to 79.
distinction between, and rivers which are only “ public high-

ways,75 to 79.
in what States in this country the distinction at common law re-

cognized, and in what not, 76, 79.

NAVIGABLE RIVER, continued.

what is, by the civil law, 79.

what tide waters are not navigable, in common acceptation, 89, 90.
NAVIGATION.

right of, public and common, 21.
public right of, considered, 80 to 123.

paramount to right of fishery, 80 to 83.
its ancient importance, 83 to 85.
as independent of the crown, 23, 28, 85.
in this country, as subject to the power of Con-

gress, 59 to 65, 86, 87.
why neither Congress nor a State can entirely

destroy, 86, 87, 158, 162.
extent of legislative power of a State over, con-

sidered, 86 to 111.
a State legislature may regulate for the public

good, 90, &c.
or may delegate power to do so, 91, 92.
private inconvenience by regulating and improv-

ing, damnum absque injuria, 93 to 105.
considered in reference to the erection of bridges,

99 to 111.
See Bridges.
obstructions of, without legislative authority, pub-

lic nuisances, 111 to 123.

See Nuisance.
NEW JERSEY.

county of Cumberland in, its jurisdictional limits, 6, 7.
Delaware river, how the boundary between and Pennsylvania,

9 to 15.
colonial charter of, as affecting the right of property in tide waters,

42, 43.

See Charter.
NEW STATES.

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

reign and public right in tide waters, 53 to 59.
NEW YORK CITY.

laws and regulations respecting the building of wharves, piers,

&c. in, 240, 245.
mode of apportioning wharfage, where different persons own dis-

tinct portions of a wharf, 245, 246.

NUISANCE.

obstructions to navigation, without legislative authority, public

nuisances, 27, 111 to 123.
what are illegal obstructions, 111 to 113.
a vessel, sunk by misfortune, not a nuisance, but a buoy must be

placed over it, 113.
of a vessel at anchor, 114.
public nuisances liable to indictment, 115.

liable to abatement, 115 to 117.
liable to an information in equity, by the attor-

ney-general, 117 to 119, 200.
special damage arising from, gives private right

of action at law, 119 to 121.
special damage therefrom, authorizes a proceeding

in equity, 121 to 123.

when a wharf is a public nuisance, 202 to 224.
See Navigation.

OYSTERS.

right to take, public and common.
See Fishery.
when planted in another place after taken, are not public and com-

mon, 139 to 141.
of the oyster fisheries in New Jersey, 130, 131, 156 to 170.

PENNSYLVANIA.

Delaware river, how the boundary between, and New Jersey,

9 to 15.
common law distinction between navigable rivers, and rivers only

public highways, not recognized in, 76.

See Fishery.
PRESCRIPTION.

exclusive rights in tide waters, and soil thereof, may be acquired

by, 270 10 288.
how it differs from custom, 271 to 273.
of the evidence of, 274 to 288.
nothing can be acquired by, but what can be possessed, 288.
rights acquired by, subject to the jus publicum, 288, 290.
prescription for common of fishery bad, 274.
a right acquired by, divisible, 274.

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