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" In case of a river that flows and reflows, and is an arm of the sea, there prima facie it is common to all : and if any... "
A General Abridgment of Law and Equity: Alphabetically Digested Under Proper ... - Page 218
by Charles Viner - 1792
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A Treatise on the Civil Jurisdiction of Justices of the Peace in the State ...

Esek Cowen - Justices of the peace - 1841 - 590 pages
...subjected to the jus publicum, as a common highway or easement, for many navigable purposes. (I) In case of a river that flows and reflows, and is an arm of the sea, there, prima facie, it is common to all.(m) But a person may, by grant or prescription, have an...
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A Treatise of the Law of Waters: Including the Law Relating to Rights in the ...

Humphry William Woolrych - Water - 1853 - 448 pages
...locus in quo to be a navigable river, where the tide flows and re•flows. Thus, by Hale, CJ, "In case of a river that flows and reflows, and is an arm of the sea, there prima facie it (the fishing) is common to all; and if any will appropriate a privilege to...
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Hall's Essay on the Rights of the Crown and the Privileges of the Subject in ...

Robert Gream Hall, Richard Loveland Loveland - Coasts - 1875 - 826 pages
...the right of fishing, and it puts the proof " on them that claim liberam piscariam/' " but in case of a river that " flows and reflows, and is an arm of the sea, there, primA facie, it is " common to all, and if any will appropriate the privilege to himself...
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A Treatise on the Law of Waters: Including Riparian Rights, and Public and ...

John Melville Gould - Riparian rights - 1883 - 972 pages
...hath the right of fishing, and it puts the proof upon them that claim liberam piscariam. But in case of a river that flows and reflows, and is an arm of the sea, there, priutafucie, it is common to all." 3 12 Mod. 510; sc Holt, 499. This case was an indictment...
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Parliamentary Papers, Volume 16

Great Britain. Parliament. House of Commons - Bills, Legislative - 1884 - 624 pages
...hath the right of fishing, and it puts the proof upon them that claim liberam piscariam. But in case of a river that flows and re-flows, and is an arm of the sea, there, primd facie, it is common to all ; and if any will appropriate a privilege to himself,...
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The American Decisions: Containing All the Cases of General Value ..., Volume 8

Law reports, digests, etc - 1886 - 800 pages
...he has the right of fishing, and it put the proof on them that claim lib/nun piscariam. But in case of a river that flows and reflows, and is an arm of the sea, there, prima facie, it is common to all. In the case of Carter v. Murcutl, 4 Burr. 2162, Lord...
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The Revised Reports: Being a Republication of Such Cases in the ..., Volume 5

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1892 - 820 pages
...grant cannot bar him thereof." So in 1 Mod. 105, Lord Fitzwalter's case, HALE, Ch. J. says, " In case of a river that flows and reflows, and is an arm of the sea, there primd facie it is common to all ; and if any one will appropriate a privilege to himself...
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Lawyers' Reports Annotated, Book 42

Law reports, digests, etc - 1905 - 980 pages
...Hale. In describing the place where the right of ashIng was common to all, said that It was Incaseof a river that flows and reflows, and Is an arm of the sea. So, that It appears that all that was said In Carson v. Blazer, 2 Blnn. 475, 4 Am. Dec. 403, upon...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 3

Nova Scotia. Supreme Court - Law reports, digests, etc - 1860 - 460 pages
...completely to show any exclusive right to the locus, and the language of Lord Hale is : " In the case of a river that flows and reflows, and is an arm of the sea, then, prhna facie, it is common to all; but if any will appropriate a privilege to himself, tho...
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Reports of Scotch Appeals and Writs of Error, Together with ..., Volume 3

Great Britain. Parliament. House of Lords, John Fraser Macqueen - Appellate procedure - 1861 - 930 pages
...thereof." The subject has a right to fish in all navigable rivers, as he has to fish in the sea. In a case of a river that flows and reflows, and is an arm of the sea, the right of fishing is primd facie common to all. In Ward v. Cresswell (/), Chief Justice Willis...
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