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" Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and... "
Legal Aspects of Water Storage for Flow Augmentation - Halaman 39
oleh William R. Walker, Virginia Polytechnic Institute, William Edward Cox, United States. Environmental Protection Agency. Water Quality Office - 1970 - 235 halaman
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A Treatise on the American Law of Easements and Servitudes

Emory Washburn - 1885 - 900 halaman
...affected by the ebb and flow of the tide. They are regarded as public navigable rivers in law, if they are navigable in fact. And they are navigable in fact...susceptible of being used, in their ordinary condition, 1 Morgan v. King, 35 NY 454, 456; Ex parte Jennings, 6 Cowen, 518. See also Laney v. Clifford, 54 Me....
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Buku 22

United States. Supreme Court - 1885 - 914 halaman
...32 Mich., 316; 20 Am. Kep., 6*9. Navigable riven — what are — natural barriers — Fox River. 1. Those rivers must be regarded as public navigable rivers in law, which are navigable in fact. 2. The capability of use by the public for pur-. >oses of transportation and commerce, affords the...
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The American Reports: Containing All Decisions of General ..., Volume 54

Isaac Grant Thompson - 1886 - 968 halaman
...citizens of said State and of the United States." Said FIELD, J., in The Daniel Ball, 10 Wall. 557: " Those rivers must be regarded as public navigable...the customary modes of trade and travel on water." And in The Montello, 20 Wall. 430, it is said: "It would be a narrow rule to hold, that in this country,...
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The Navigation Laws of the United States

United States - 1886 - 538 halaman
...when they are used, or are ttns•ceptible of being nued, in the ordinary condition, as highways of" commerce over which trade and travel are or may be...the customary modes of trade and travel •on water. And they constitute navigable waters of the United States, within the meaning of the acts of (,'ongress,...
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Introduction to American Law: Designed as a First Book for Students

Timothy Walker - 1887 - 880 halaman
...McMauus ğ. Carmichael, 3 Iowa, 1 ; The Daniel Ball, 10 Wall. 557 ; The Montello, 11 Wall. 411 }• . Those rivers must be regarded as public navigable...the customary modes of trade and travel on water. The Daniel Ball, 10 Wall. 557 -{The Montello, 20 Wall. 430. At some seasons of the year with tolerable...
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Report of the Governor of New Mexico to the Secretary of the Interior

New Mexico. Governor - 1887 - 724 halaman
...Hall (10 Wallace, 557) the Supreme Court says: "Those rivers must be regarded as public uaviĞrable rivers in law which are navigable in fact, and they...the customary modes of trade and travel on water." In the Montillo (20 Wallace, 431) the court says: "If it be capable in its natural state of being used...
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The American Decisions: Containing All the Cases of General Value ..., Volume 81

1887 - 888 halaman
...fact when they are used, or are in their ordinary condition susceptible of being used, as highways of commerce, over which trade and travel are or may be conducted in the customary modes. A river capable of floating to market the products of the forest, the mine, or the farm, and upon which...
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The National Democratic Party: Its History, Principles, Acievements, and Aims

William Lyne Wilson - 1888 - 676 halaman
...the Supreme Court of the United States in the case of the DANIEL BALL, 10 Wallace, 557, as follows : "Those rivers must be regarded as public, navigable...the customary modes of trade and travel on water. And they constitute navigable waters of the United States, within the meaning of the acts of Congress,...
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Lawyers' Reports Annotated, Buku 5

1889 - 952 halaman
...be applied to determine the navigability of rivers, and that is found in their navigable capacity. Those rivers must be regarded as public navigable...the customary modes of trade and travel on water." In Angell on Watercourses, g 535, is this language: "All rivers above the flow of tide water are, by...
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The Green Bag, Volume 16

1904 - 926 halaman
...water of the United States. The court says that the old test of tidal effect has long been abandoned. Those rivers must be regarded as public navigable...rivers in law which are navigable in fact, and they constitute navigable waters of the United States when they form a continuous highway over which interstate...
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