An Essay on the Rights of the Crown and the Privileges of the Subject in the Sea-shores of the Realm: Compiled from the Text Writers and Decided Cases

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W. Walker, 1830 - Coastal zone management - 301 pages
 

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Page 274 - The counsel for the plaintiffs having obtained a rule to show cause why a new trial should not be granted, the...
Page 122 - ... in these cases the law is held to be, that if this gain be by little and little, by small and imperceptible degrees, it shall go to the owner of the land adjoining. For de minimis non...
Page 45 - But though the King is the owner of this great waste, and as a consequent of his propriety hath the primary right of fishing in the sea and the creeks and arms thereof; yet the common people of England have regularly a liberty of fishing in the sea or creeks or arms thereof, as a public common of piscary, and may not without injury to their right be restrained of it, unless in such places, creeks or navigable rivers, where either the King or some particular subject hath gained a propriety exclusive...
Page 162 - For the jus privatum of the owner or proprietor is charged with and subject to that jus publicum which belongs to the King's subjects ; as the soil of an highway is, which though in point of property it may be a private man's freehold, yet it is charged with a public interest of the people, which may not be prejudiced or damnified.
Page 147 - We think the jury might, from this evidence, very reasonably find that the increase had not only been slow and gradual, but also imperceptible, according to the sense in which, as I have before said, we think that word ought to be understood.
Page 155 - ... though, as he also there lays it down, in the main sea itself, adjacent to his dominions, the king only hath the propriety, but a subject hath not, and indeed cannot have that property in the sea through the whole tract of it, that the king hath, because, without a regular power...
Page 137 - ... &c., was seized in his demesne as of fee, of and in the manor of...
Page 121 - the ownership of the shore, as between the public and the King, has been settled in favor of the King: but . . . this ownership is, and had been immemorially, liable to certain general rights of egress and regress, for fishing, trading, and other uses claimed and used by his subjects.
Page 139 - ... slowly, gradually, and by imperceptible increase, in long time cast up, deposited, and settled by and from the flux and reflux of the tide, and waves of the sea, in...
Page 228 - ... must succeed upon his plea as far as related to the taking of the fish ; but observed, that as no authority had been cited to support his claim to take shells, they should pause before they established a general right of that kind.

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