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LAW OF WATERS,
PUBLIC AND PRIVATE RIGHTS IN WATERS
TIDAL AND INLAND.
THE present work was begun about three years since
1 with the intention of stating the law upon Riparian Rights, Mill Privileges, and rights in fresh waters only. As the authorities upon Tide Waters were found to be not fully collated elsewhere, and in view of their importance in relation to public and private rights in our large freshwater rivers and lakes, it was deemed advisable to review also the rules applicable to that topic. The subject of navigable waters, both salt and fresh, is still encumbered by some of the refinements which prevailed before the necessities of modern commerce brought sufficient cases before the courts to clearly define the law, and is affected by ancient usages and local or general laws in certain States, while in others the real or supposed rules of the common law have been held inapplicable. The development of these topics has been traced historically from the earliest times to the present, in England and in this country; the attempt has been made to indicate the principles conducing to harmony; and the aim has been to present exhaustively and concisely all the authorities, ancient and modern, which have been collected by a thorough examination of all the original reports and abridgments.
On account of the difficulty and complexity arising upon questions of substantive law, and the delay incident to a proper consideration of them, the author was