PRESCRIPTION, continued.

must be proved to be as extensive as laid, 274, 275.
right of way to the shore acquired by, 190, 272.

towing, 176, 272.

drawing seines, 193, 272.

building fishing huts cannot be, 194.

PURPRESTURE.

meaning of, 198.

may or may not be a nuisance, 199.
remedy for, 200, 201.

See Wharves.

RELICTION.

soil relicted still belongs to the sovereign, 264 to 266.

but if the reliction is slow and gradual, the soil becomes a part of
the adjoining land, 267.

RHODE ISLAND.

confirmation of Indian grants, by the colonial legislature, 50,
construction of such grants, in respect to tide waters, 51, 52.
right to erect wharves in, 236 to 240.

RIPARIAN OWNERSHIP.

subject considered, 171 to 195.

51.

riparian proprietors not to be cut off from the water, 171 to 174.
nor damnified by rail-roads, &c. between them and the water, 174
to 176.

towing on the banks of rivers permitted by the civil law, but
otherwise by the common law, 176 to 178.

landing places, 178 to 188.

as to right to landing-places gained by long enjoyment and dedi-
cation, 184 to 188.

right of way to shore, 189 to 192.

fishing with seines in connection with the upland, 193, 194.

erecting fishing huts upon the upland, 194, 195.

See Custom-Prescription.

RIVERS.

what are "navigable," 75 to 79.

what "public highways," 75 to 79.

how regarded by the civil law, 79.

See Navigable River.

SEA.

the open sea cannot be possessed, 1, 2.
extent of jurisdiction of a nation over, 2.

jurisdictional limits over, of the United States, 4.
what is the "main sea" or ocean, 4.

what part of, is within a county, 4 to 7.
See Shore.

SEA-WEED.

of the right to take, 259 to 264.

See Alluvion.

is the subject of grant, 262 to 264.

SEINES.

public have no right to draw, upon the upland, 141, 193, 194.
grant of such right, when may be presumed, 141, 193, 194.
SHELL-FISH.

See Fishery.

SHORE.

of the sea, and tide waters, ever been subject to common use, 17.
if so, by the civil law, 17, 18.

and by the common law, 19, et seq.

sometimes called "strand," and "beach," 67.

right to dig shell-fish upon, public and common right, 135 to 137.
to take sea-weed upon, 259, 264.

SOIL

of the sea, &c,

by the civil law the property of no one, 19.

right of property in, in England, in the King, 19, et seq., 198.

in this country, in the State, 36 to 65, 198.

See Marine Increases ·

STATE.

Riparian Ownership - Wharves.

the powers and rights of the respective States over and in their
tide waters, as subject to the provisions of the Constitution of
the United States.

See Constitution.

a State may pass laws for the regulation of fisheries, 63, 145, to 170
and excluding the citizens of another State from fishing in its
waters, not unconstitutional, 150 to 179.

See Fishery.

its power to regulate navigation.

See Navigation.

STATE, continued.

new States on the same footing as the original States, in respect
to the sovereign and public right in tide waters, 53 to 59.

TIDES.

high spring, 68.

spring, 68.

neap or ordinary, 68.

ingress and pressure backward by, of fresh rivers renders them
an arm of the sea, to the extent of such backward pressure, 73.
admiralty jurisdiction determined by, 73 to 75.

rights of fishery as determined by, 76.

TOWNS.

have no exclusive right to tide waters within their limits, by vir-
tue of their incorporation, 46, 47.

TOWING.

on the banks of rivers.

See Riparian Ownership.

UNITED STATES.

extent of their jurisdiction over the open sea, 4.

their authority over the tide waters of the respective States, by

the constitution.

See Constitution.

USAGE.

right by virtue of, to build wharves, 234 to 236.

See Custom-Prescription.

WAY.

right of, to the shore.

See Riparian Ownership.

WHARVES.

their importance for the purposes of navigation, 196.

building of wharves by encroaching upon the soil flowed by the
tide, a purpresture, at common law.

See Purpresture.

if injurious to navigation, indictable as a public nuisance, 202 to

224.

See Nuisance.

whether nuisance or purpresture or both, a question of fact, 199
to 224.

WHARVES, continued.

building of wharves in Massachusetts and Maine, under the colo-

nial ordinance of 1641, 225 to 234.

of the right to build in this country by usage, 234 to 236.
legislation respecting, in Rhode Island, 236 to 240.

New York, 240 to 245.

Maryland, 246 to 248.

mode of apportioning wharfage in city of New York, 245.

how flats are divided among owners of the upland who have the
right of reclaiming them for wharves, 232, 233.

WRECK.

law relative to, in ancient and modern times, 288 to 295.