A TREATISE ON THE RIGHT OF PROPERTY IN TIDE WATERS AND IN THE SOIL AND SHORES THEREOF. BY JOSEPH K. ANGELL. SECOND EDITION: REVISED, CORRECTED, AND MUCH ENLARGED. BOSTON: CHARLES C. LITTLE AND JAMES BROWN. M DCCC XLVII. F6123.77.2 HARVARD COLLEGE LIBRARY GHT OF DANIEL B. FEARING Entered according to Act of Congress, in the year 1847, in the Clerk's Office of the District Court of the District of Rhode Island. BOSTON: PRESS OF THURSTON, TORRY, AND CO. PREFACE. THE principal authority which has long been quoted and relied upon, relating to the subject of this work, is the Treatise De Jure Maris, published by Mr. Hargrave in his collection of Law Tracts, and ascribed by him (upon apparently sufficient authority, it has been considered*) to Lord Hale. His chapter upon this subject is preliminary to his principal design, which was to treat, De Portibus Maris, or of ports and customs. The production is obviously the result of very great research, and embodies many very ancient and important precedents. On this account, and also on account of the author's uncommon qualifications as a lawyer, his treatise has been received as a text-book, both in England and in this country. In the year 1830, there was published in London "An Essay on the Rights of the Crown, and the Privileges of * See Preface to Hall on the Rights to the Sea, &c. The work ascribed to Lord Hale is not contained in the schedule of manuscript books bequeathed by him in his will to the Society of Lincoln's Inn, "to be bounded in leather and chained, and kept in archives." See Life of Hale, by Runnington, prefixed to Hale's Hist. of the Com. Law. He was born in 1609. the Subject in the Sea-shores of the Realm, by Robert Gream Hall, of Lincoln's Inn, Barrister;" which was intended by the author as a collection from the text writers, and decided cases, of the principal points of law on the subject; with a commentary upon such of them as would seem to have been rather loosely laid down by the authorities. In deference to the generally admitted authority of Lord Hale's production, he has made it the basis of his own. Another work was published in London, in 1830, entitled "A Treatise on the Law of Waters and of Sewers," by Humphrey W. Woolrych, in two parts; the first part relating to the law of waters, and the second embracing the law of sewers. In the first chapter of the law of waters the various rights are enumerated. Certain rights which may be enjoyed in the sea, and those also which may be had in rivers, are mentioned in the second and third chapters. But throughout a very large portion of the first part of the work which relates to waters, the author's attention is directed to canals, dock companies, mills, water-courses, &c. In 1839, was republished in Philadelphia * an English work, entitled "An Essay on Aquatic Rights; intended as an illustration of the law relative to Fishing, and to the property of ground or soil produced by alluvion and dereliction in the Sea and Rivers," by Henry Schultes. This * In vol. 24 Law Library. |