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 - ... for a rule to show cause why a new trial should not be granted...
Page 136 - ... flux and reflux of the tide, and waves of the sea, in, upon, and against the outside and extremity of the said demesne lands, hath been formed, and hath settled, grown, and accrued upon, and against, and unto the said demesne lands. Does such piece of land so formed, settled, and accrued as aforesaid, belong to the crown, or to A., the owner of the said demesne lands. There is no local custom on the subject.
Page 120 - ... 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 43 - 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 160 - 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 60 - Elizabeth cited by lord Coke. See Lib. Intrat. 162. b. 163. a. Rast. Entr. 597. b. and the books cited under the letter d in fol. 4. b. and under m here, and the cases referred to under the * on the other side. Nor do we understand why a several piscary should not exist without the soil, as well as a several pasture, as to which latter we have already shewn the 'doctrine to be settled.
Page 145 - 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 153 - ... 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 81 - It may not only be parcel of a manor, but, de facto, it many times is so : and perchance it is parcel almost of all such manors as by prescription have royal fish or wrecks of the sea within their manor.
Page 119 - 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.

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