REPORT OF THE JOINT STANDING COMMITTEE ON BOSTON HARBOR (1852) (Google eBook)

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1853
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Page 8 - ... 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, provided, that such proprietor shall not by this liberty have power to stop or hinder the passage of boats or other vessels in or through any sea, creeks or coves to other men's houses or lands.
Page 8 - 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 4 - Every person offending against the provisions of this act shall be deemed guilty of a misdemeanor, and shall be liable to be prosecuted therefor, by indictment or information, in any court of competent jurisdiction, and on conviction shall be punished by a fine not less than one thousand dollars, nor more than five thousand dollars, for every offence, and any erection or obstruction which shall be made, contrary to the provisions and intent of this act, shall be liable to be removed and abated as...
Page 26 - Without hazarding an opinion upon any other question, we think that a law prohibiting an owner from removing the soil composing a natural embankment to a valuable, navigable stream, port, or harbor, is not such a taking, such an interference with the right and title of the owner, as to give him a constitutional right to compensation, and to render an act unconstitutional which makes no such provision, but is a just restraint of an injurious use of the property, which the legislature have the authority...
Page 4 - Boston, belonging to the Commonwealth, erect or cause to be erected any wharf or pier, or begin to erect any wharf or pier therein, or place any stones, wood, or other materials in said harbor, or dig down or remove any of the land covered with water at low tide, in...
Page 27 - The reference to Plymouth Beach in this opinion, above noted, is significant in that the opinion says: "In consequence of cutting away the ivood upon it or from some other cause, it was washed away and broken through by the wind and sea, and the navigation was in danger of being wholly destroyed.
Page 47 - ... shore of all creeks, coves and other places upon the salt water where the sea ebbs and flows to the proprietors of the upland, giving to them in fee the property of the soil to lowwater mark not exceeding one hundred rods. But by this grant those who acquired this property were restricted from such use of it as would impair the public right of passing over the water in boats, and other vessels through any sea, creeks or coves, to other men's houses or lands.
Page 9 - ... report how far and to what extent if any, the said bay and rivers, or either of them, may be curtailed or diminished without endangering the harbor of Boston and greatly impairing the advantages of navigation and shipbuilding on said rivers...
Page 12 - ... of the City Council, to take such measures as they might deem proper to protect the rights and interests of the City, in the extension of wharves into the channel of the harbor, with power to appear before the Committee of the Legislature that had the subject in hearing, and, if necessary, to employ the City Solicitor to maintain the rights of the City in the premises.
Page 47 - ... embanked, or otherwise disposed of. It may grant and convey them to others, limited, whether as to time, person, quantity, reason or consideration pecuniary or otherwise, only by its sense and judgment of the public welfare, in the exercise of its own sound, constitutional discretion. But, while I perceive no limit to the power of the Legislature to manage and dispose of these public lands, as well as any other public property, save that prescribed by its own judgment and discretion, nevertheless,...

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