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Entered, according to Act of Congress, In the year 1883, Br JOHN M. UOULD, Id the Office of the Librarian of Congress at Washington. PEEFACE.
THE present work was begun about three years since 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 led to entrust to Merritt Starr, Esq., of the Chicago bar, the preparation of that part of the work which relates to Private Remedies at common law, in equity, and under the Mill Acts of different States. To his thorough and efficient labors are due the credit and responsibility of the entire discussion of those topics in Chapter XII. (beyond § 367), and in Chapters XIII. and XIV., subject to verbal changes in order to secure uniformity of style throughout the work, and the division into sections, which were made by the author. He is further indebted to William V. Kellen, Esq., of the Boston bar, for valuable assistance in collecting the authorities in several Southern and Western States, and in the preparation of the original draft of that part of Chapter IX. which relates to surface water, and the latter part of Chapter X.; and to Samuel H. Emery, Jr., Esq., of the Boston bar, for assistance and important suggestions in the revision of proofs. The verification of references throughout the book was done in Boston under the author's supervision.
The hope is indulged, that the great labor* expended in collecting from original sources the numerous authorities cited or' discussed in each chapter, and in assorting and digesting them, may prove serviceable to the profession in their investigations of a topic, which, from its nature, and the many conflicting interests so frequently involved, will doubtless continue to be as intricate as any in the law.
Boston, October, 1883. 63 Sears' Building.
TABLE OF CONTENTS.