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Home Dictionary Name: navigable Page: 2Flumina et portus publica sunt, ideoque jus piscandi omnibus commune est
Flumina et portus publica sunt, ideoque jus piscandi omnibus commune est [Lat.], navigable rivers and ports are public; therefore the right of fishing there is common to all....
Harbour
Harbour, except in s. 157, and in s. 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word 'harbour' includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension. (Penal Code, 1860 s. 52A)Harbour, includes any haven, cove or other landing place. (English) Fishery Harbours Act, 1915, s. 2(4). Where the expression 'harbour' is used in that Act with reference to a local lighthouse authority, it has the meaning assigned to it by the Merchant Shipping Act, 1894, s. 742. See: (English) Harbour Act, 1964, s. 57(1); Halsbury's Law of England, 4th Edn., Vol. 36, para 401, p. 231.Means a harbour property so called whether natural or artificial, estuary, navigable river, pier, jetty, and other work in or at which ships can obtain shelter or ship and unship goods or ...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Wear, or Weir
Wear, or Weir, a great dam or fence made across a river, or against water, formed of stakes interlaced by twigs of osier, and accommodated for the taking of fish, or to convey a stream to a mill. Prohibited by Magna Charta and other early statutes in navigable rivers, Lord Leconfield v. Earl of Lonsdale, (1870) LR 5 CP 657. Prohibited for the purpose of catching salmon by the Salmon Fishery Act, 1861, unless 'lawfully in use' at the time of the passing of that Act by virtue of a grant or charter or immemorial usage. Weirs and mill dams for taking or obstructing salmon and trout not in use before 1861 are prohibited: see Salmon and Freshwater Fisheries Acts, 1923-35....
Railway
Railway. A road owned by a private person or public company on which carriages run over iron rails; if the road is a public highway, that part of it on which the rails are laid is called a tramway. Every railway in this country (except a few private railways running through land owned by the owner of the railway) is constructed and managed (1) under a local and personal Act of Parliament; and (2) under the Companies Clauses, Lands Clauses, and Railways Clauses Consolidation Acts; and (3) under the general Acts relating to railways. The (English) Railway Act, 1921, provides for the reorganization of almost all the railways in England.Railway Companies as Carriers, The powers of railway companies as carriers are given by the 86th section of the Railways Clauses Consolidation Act, 1845, and controlled by the (English) Railway and Canal Traffic Acts of 1854, 1873, and 1888. The (English) Act of 1845, s. 86, enacts that:-It shall be lawful for the company [authorized (see s. 3) by the speci...
Res publicae
Res publicae, means 'public things'. Things that cannot be individually owned because they belong to the public, such as the sea, navigable waters, and highways, Black's Law Dictionary, 7th Edn., p. 1314....
Sewer
Sewer, a trench or channel through which water or sewage flows.The Court of Commissioners of Sewers is a temporary tribunal, erected by commission under the Great Seal, which used to be granted pro re nata at the pleasure of the Crown, and later at the discretion of the Lord Chancellor, Lord Treasurer, and Chief Justices, pursuant to the Statute of Sewers (23 Hen. 8, c. 5). Their jurisdiction is to overlook the repairs of the banks and walls of the sea-coast and navigable rivers; or, with consent of a certain proportion of the owners and occupiers, to make new ones, and to cleanse such rivers, and the streams communicating therewith, and is confined to such county or particular district as the commission shall name. They are a Court of record, and may proceed b jury, or upon their own view, and may make orders for the removal of annoyances, or the conservation of the sewers within their commission according to the customs of Romney Marsh, or otherwise. They may also assess necessary ra...
Water and watercourse
Water and watercourse. In the language of the law the term 'land' includes water, 2 Bl. Com. 18. An action cannot be brought to recover possession of a pool or other piece of water by the name of water only, but it must be brought for the land that lies at the bottom, e.g. 'twenty acres of land covered with water.'-Brownl. 142. See POOL. By granting a certain water, though the right of fishing passes, yet the soil does not. Water being a movable, wandering thing, there can be only a temporary, transient, usufructuary property therein. Consult Coulson and Forbes on the Law of Waters, Gale on Easements, and Angell on Watercourse. 'Water' does not include the land on which it stands, unless perhaps in the case of salt pits or springs, where the interest of each owner is measured by builleries, ballaries or buckets of brine, Burt. Comp. pl. (550), and see Co. Litt. 4 b.The (English) Waterworks Clauses Act, 1847, and the Waterworks Clauses Act, 1863 (see Chitty's Statutes, tit. 'Water,' and...
Quay
A mole bank or wharf formed toward the sea or at the side of a harbor river or other navigable water for convenience in loading and unloading vessels...
Wharf
Wharf, a broad plain place, near some creek or haven, to lay goods and wares on that are brought to or from the water. See Harbours, Docks, and Piers Clauses Act, 1847 (10 & 11 Vict. c. 27), s. 68, and Port of London (Consolidation) Act, 1920 (10 Geo. 5, c. clxxiii.).A structure on shore of navigable waters, to which a vessel can be brought for loading or unloading, Black's Law Dictionary, 7th Edn., p. 1589.There are two kinds-1st, legal, which are certain wharves in all seaports, appointed by commission from the Court of Exchequer, or legalized by Act of Parliament; 2nd, sufferance, which are places where certain goods may be landed and shipped, by special sufferance granted by the Crown for that purpose, 2 Steph. Com. See as to both kinds, Customs (Consolidation) Act, 1876 (39 & 40 Vict. c. 36). As to larcenies from a wharf, see Larceny Act, 1916, s. 15. As to implied liability or warranty for fitness of wharf for a ship unloading, see The Moorcock, (1889) 14 PD 64.Wharf, as a landin...
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