Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of New Jersey, Vol. 1 (Classic Reprint) William Halsted

Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of New Jersey, Vol. 1 (Classic Reprint) William Halsted

Excerpt from Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of New Jersey, Vol. 1

1. Navigable rivers, where the tide ebbs and flows, the ports, bays, coasts of the sea, including both the waters and the land under the waters, for the purposes of passing and repassing, navigation, fishing, fowling, sustenance, and all other uses of the water and its products, are common to all the people of New Jersey.

2. By the grant of Charles II. to the duke of York, those royalties, of which the rivers, ports, bays, and coasts were a part, passed to the duke of York, as the governor of the province exercising the royal authority, and not as the proprietor of the soil, and for his own use.

3. Upon the Revolution, all those royal rights vested in the people of New Jersey, as the sovereign of the country, and are now in their hands.

4. The proprietors of New Jersey did not, under the grant from the duke of York, take such a property in the soil of the navigable rivers in this state, that they could grant several fisheries therein.

5. A person who plants oysters on the bed of a navigable river, below low water mark, has not such a property therein as to enable him to maintain trespass against a person taking them away, although the oyster bed should be adjacent to his own shore.

6. A grant of land bounded upon a fresh water stream or river, where the tide neither ebbs nor flows, extends aa filum aqu?; but a grant bounded upon a navigable river extends to the edge of the water only.

This was an action of trespass for breaking the close of the plaintiff, situated in Perth Amboy, and taking his oysters, &e. The cause came on to be tried at the Middlesex circuit, before his honour the Chief Justice and a special jury, at the December sessions, 1819.

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