Tidal Water - Law Dictionary Search Results
Home Dictionary Name: tidal waterTidal water
Tidal water in the Merchant Shipping Act, 1894, by s. 742 'means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides, and not being a harbour.'...
Indian customs water
Indian customs water, means the waters extending into the sea upto the limit of contiguous zone of India under s. 5 of the Territorial Waters Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 and includes any bay, gulf, harbour, creek or tidal river. [Customs Act, 1962 (52 of 1962), s. 2 (28)]Indian customs waters, Indian Customs waters' covers not only, Indian coastal waters but also much more because the customs waters extends 24 nautical miles from the coastal baseline which follows that Indian coastal waters are within the Indian Customs Waters, Hawabi Sayed Arif Sayed Hanif v. L. Hrringliana, (1993) 1 SCC 163: AIR 1993 SC 810 (816). [Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, ss. 3(2) and 5]...
Wreck
Wreck, such goods, including the ship or cargo or any part [(English) Merchant Shipping act, 1894 (57 & 58 Vict. c. 60], ss. 518 to 522, and Hals. L. E., sub tit. 'Shipping'; Part XII., 'Wreck,'), as, after a shipwreck, are afloat or cast upon the land by the sea. According to an old definition (Jacob's Law Dict., tit. 'Wreck') they were not wrecks so long as they remained at sea in the jurisdiction of the Admiralty. By s. 510 of the (English) Merchant Shipping Act, 1894, 'wreck' includes in that Act 'jetsam, flotsam, and derelict found in or on the shores of the sea or any tidal water.'The term is used in several senses, e.g., a ship which is so damaged as to be unable to continue her voyage is a 'wreck' for the purposes of s. 158 of the M.S. Act, 1894; and Barras v. Aberdeen Steam Trawlers, 1933, AC 402, under the (English) Merchant Shipping (International Labour Conventions) Act, 1925 (15 & 16 Geo. 5, c. 42); The Olympic, 1913 P. 92. The old distinction appears to be that if propert...
Access
Access, approach, or the means of approaching. The presumption of a child's legitimacy is rebutted, if it be shown by strong, distinct, satisfactory, and conclusive evidence, see Atchley v. Sprigg, (1864) 33 LJ Ch 345, that the husband-whether before or after marriage-had not access to his wife within such a period of time before the birth, as admits of his having been the father. 'If a husband have access, although others, at the same time, are carrying on a criminal intimacy with his wife, a child born under such circumstances is still legitimate': per Alderson, J., in Cope v. Cope, (1833) 5 C&P 604. Neither husband nor wife is admissible as a witness to prove non-access, Goodright v. Moss, (1777) 2 Cowp p. 594. See also Poulett Peerage Case, 1903 AC 395, and Russell v. Russell, 1924 AC 687 see PATERNITY.An owner of land adjoining a highway has a right of access to it where the land adjoins for any kind of traffic required for the reasonable enjoyment of his property, Lyon v. Fishmon...
Boundaries
Boundaries are the lines marking the division between two adjacent territories. The boundary may be (a) physical, or (b) national and supported by documentary or other evidence. (a) may consist of walls, fences, hedges or ditches, and the presumption is that the outer line along the top line of the ditch bank furthest from the hedge marks the boundary of the land on which the hedge, if any, is erected, because the owner of the soil would be presumed to throw up the soil on the his own land for the hedge, but this presumption may be rebutted. Simple fences or ditches and walls frequently belong to the owners of both properties in common, see PARTY WALL.Physical boundaries may also be roads or non-tidal streams, see Ad medium fil', or the sea or tidal rives, in which case the high-water mark of medium tides is presumed to be the boundary. Williams Real Property, 23rd Edn., p. 463. (b) Unmarked or imaginary boundaries are generally ascertained by reference to maps or plans, or by descript...
Fishery
Fishery, the right to take fish. Fisheries are either free, common, or several. A free fishery is the exclusive right of fishing in a public river, and is a royal franchise, Common of fishery, or common of piscary, is the right of fishing in another man's water. A several fishery is the exclusive right of fishing in another man's water, and he that has it, according to Blackstone, 'must also be the owner of the soil' (2 Bl. Com. 40). This position of Blackstone, however, has been questioned, and the distinction between the various kinds of fishery is not clear; see Hrg. Co. Litt. 122 a, n. 7; Holford v. Bailey, (1846) 8 QB 1000; 13 ib. 426; Marshall v. Ulleswater Steam navigation Co., (1863) 3 B&S 732; Chesterfield (Earl) v. Harris, (1908) 2 Ch 397; 1911 AC 623; Coulson and Forbes on the Law of Waters; Leake on Uses and Profits of Land. No right can exist in the public to fish in an inland non-tidal lake, O'Neil v. Johnston, (1909) 1 Ir R 237.The fishing rights of the lord of the manor...
Foreshore
Foreshore. 'The shore and bed of the sea and of every channel, creek, bay, estuary, and of every navigable river of the United Kingdom as far up the same as the tide flows to the line between the high water mark of ordinary tides and low water mark' belong to the Crown and its grantees, and the management is transferred from the Commissioners of Woods to the Board of Trade. See s. 7 of the Crown Lands Act, 1866 (29 & 30 Vict. c. 32), subject as in that Act mentioned; see also (English) Ministry of Transport Act, 1919 (9 & 10 Geo. 5, c. 50). And see BATHING (SEA). Consult Coulson and Forbes on the Law of Waters.For the powers of local authorities to make bye-laws for public bathing, bathing huts and life-saving appliances, see (English) Public Health Act, 1936, ss. 231-234.There can be no custom giving a right of shooting wildfowl on the foreshore or bed of a tidal navigable river, Fitzhardinge (Lord) v. Purcell, (1908) 2 Ch 139....
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