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Page 45 - The sun's rays are the ultimate source of almost every motion which takes place on the surface of the earth. By its heat are produced all winds, and those disturbances in the electric equilibrium of the atmosphere which give rise to the phenomena of lightning, and probably also to those of terrestrial magnetism and the aurora.
Page 18 - Every inhabitant that is an householder, shall have free fishing and fowling in any great ponds and bays, coves, and rivers, so far as the sea ebbs and flows, within the precincts of the town where they dwell, unless the freemen of the same town, or the General Court, have otherwise appropriated them...
Page 17 - Meander lines are run in surveying fractional portions of the public lands, bordering upon navigable rivers, not as boundaries of the tract, but for the purpose of defining the sinuosities of the banks of the stream, and as a means of ascertaining the quantity of the land in the fraction subject to sale, and which is to be paid for by the purchaser.
Page 18 - The which clearly to determine, it is declared that in all creeks, coves, and other places about and upon salt water, where the sea ebbs and flows, the proprietor of the land adjoining, shall have propriety to the low water mark, where the sea doth not ebb above a hundred rods, and not more wheresoever it ebbs further...
Page 18 - Rivers, so farre as the sea ebbes and flowes within the presincts of the towne where they dwell, unlesse the free men of the same Towne or the Generall Court have otherwise appropriated them, provided that this shall not be extended to give leave to any man to come upon others proprietie without there leave.
Page 16 - SECOND EDITION. REVISED AND CORRECTED, TOGETHER WITH EXTENSIVE ANNOTATIONS, AND REFERENCES TO THE LATER AUTHORITIES IN ENGLAND, SCOTLAND, IRELAND, AND THE UNITED STATES. BY RICHARD LOVELAND LOVELAND...
Page 16 - Viewed in the light of these considerations, the court does not hesitate to decide, that Congress, in making a distinction Opinion of the court. between streams navigable and those not navigable, intended to provide that the common law rules of riparian ownership should apply to lands bordering on the latter, but that the title to lands bordering on navigable streams should stop at the stream, and that all such streams should be deemed to be, and remain public highways.
Page 16 - Rivers were not regarded as navigable in the common law sense, unless the waters were affected by the ebb and flow of the tide, but it is quite clear that Congress did not employ the words 'navigable' and 'not navigable,' in that sense, as usually understood in legal decisions. On the contrary it is obvious that the words were employed without respect to the ebb and flow of the tide, as they were applied to territory situated far above tide-waters, and in which there were no salt water streams.
Page 45 - By them the waters of the sea are made to circulate in vapour through the air, and irrigate the land, producing springs and rivers. By them are produced all disturbances of the chemical equilibrium of the elements of nature, which by a series of compositions and decompositions give rise to new products and originate a transfer of materials.