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PUBLIC AND PRIVATE RIGHTS IN WATERS
TIDAL AND INLAND.

THIRD EDITION.

BY

JOHN M. GOULD, PH. D.,

JOINT AUTHOR OF "GOULD AND TUCKER'S NOTES ON THE UNITED STATES REVISED
STATUTES;" EDITOR OF LAST EDITIONS OF “KENT'S COMMENTARIES,"
AND OF "DANIELL'S CHANCERY PRACTICE," ETO.

CHICAGO:

CALLAGHAN AND COMPANY
1900.

COPYRIGHT, 1883,

BY

JOHN M. GOULD.

COPYRIGHT, 1891,

BY

JOHN M. GOULD.

COPYRIGHT, 1900,

BY

JOHN M. GOULD.

STATE JOURNAL PRINTING COMPANY,

PRINTERS AND STEREOTYPERS,

MADISON, WIS.

PREFACE.

HE number and importance of the 'recent decisions upon.

THE

the Law of Waters, as shown by the additions or changes upon nearly every page of this work, as well as the favor with which it has thus far been received, appear to abundantly justify a new edition after the lapse of nine years. Apart from the vast number of minor decisions now added, it is probable that no more important decisions upon questions of property have ever been made than those of Shively v. Bowlby, 152 U. S. 1, as to the power of the general government to control and dispose of tide lands in the Territories; of Morris v. United States, 174 U. S. 196, as to the Potomac Flats, and the various cases, now first collected here in a new section, in which the rights and liabilities of water companies are defined. About three thousand authorities have been added in this edition; new illustrations of the principles considered have been derived from the Canadian and colonial reports as well as from those of the United States and England, and all the more important articles and monographic notes are cited. The original aim has been pursued of making the book a contribution to systematic jurisprudence, and in view of the local value of decisions, even upon well-settled rules, the citation of decisions has been made as exhaustive as possible.

BOSTON, September 1, 1900.

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