River

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RIVER. A natural collection of waters, arising from springs or fountains, which flow in a bed or canal of considerable width and length, towards the sea.
     2. Rivers may be considered as public or private.
     3. Public rivers are those in which the public have an interest.
     4. They are either navigable, which, technically understood, signifies such rivers in which the tide flows; or not navigable. The soil or bed of such a navigable river, understood in this sense, belongs not to the riparian proprietor, but to the public. 3 Caines' Rep. 307; 10 John. R. 236; 17 John. R. 151; 20 John. R. 90; 5 Wend. R. 423; 6 Cowen, R. 518; 14 Serg. & Rawle, 9; 1 Rand. Rep. 417; 3 Rand. R. 33; 3 Greenl. R. 269; 2 Conn. R. 481; 5 Pick. 199.
     5. Public rivers, not navigable, are those which belong to the people in general, as public highways. The soil of these rivers belongs generally, to the riparian owner, but the public have the use of the stream, and the authors of nuisances and impediments over such a stream are indictable. Ang. on Water Courses, 202; Davies' Rep. 152; Callis on Sewers, 78; 4 Burr. 2162.
     6. By the ordinance of 1787, art. 4, relating to the northwestern territory, it is provided that the navigable waters, leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free. 3 Story, L. U. S. 2077.
     7. A private river, is one so naturally obstructed, that there is no passage for boats; for if it be capable of being so navigated, the public may use its waters. 1 McCord's Rep. 580. The soil in general belongs to the riparian proprietors. (q.v.) A river, then, may be considered, 1st. As private, in the case of shallow and obstructed streams. 2d. As private property, but subject to public use, when it can be navigated; and, 3d. As public, both with regard to its use and property. Some rivers possess all these qualities. The Hudson is mentioned as an instance; in one part it is entirely private property; in another the public have the use of it; and it is public property from the mouth as high up as the tide flows. Ang. Wat. Co. 205, 6.
     8. In Pennsylvania, it has been held that the great rivers of that state, as the Susquehanna, belong to the public, and that the riparian proprietor does not own the bed or canal. 2 Binn. R. 75; 14 Serg. & Rawle, 71. Vide, generally, Civ. Code of Lo. 444; Bac. Ab. Prerogatives, B 3; 7 Com. Dig. 291; 1 Bro. Civ. Law, 170; Merl. Repert, h.t.; Jacobsen's Sea Laws, 417; 2 Hill. Abr. c. 13; 2 Fairf. R. 278 3 Ohio Rep. 496; 6 Mass. R. 435; 15 John. R. 447; 1 Pet. C. C. Rep. 64; 1 Paige's Rep. 448; 3 Dane's R. 4; 7 Mass. Rep. 496; 17 Mass. Rep. 289; 5 Greenl. R. 69; 10 Wend. R. 260; Kames, Eq. 38; 6 Watts & Serg. 101. As to the boundaries of rivers, see Metc. & Perk. Dig. Boundaries, IV.; as to the grant of a river, see 5 Cowen, 216; Co. Litt. 4 b; Com. Dig. Grant, E 5.

References in periodicals archive ?
Lifeguards rushed to the scene on a Jet Ski and found her unresponsive in the water about 200 yards east of the river mouth.
The successful exploration of Liuhua 20-2 has further proved the huge exploration potential of Baiyun Sag in the Pearl River Mouth Basin, and Baiyun Sag is expected to become the new reserves growth area of deepwater exploration of crude oil in South China Sea.
Many resident tarpon stay at the river mouth, and others travel up the rivers.
We finally caught it on Monday afternoon when it swam near a river mouth.
The company has designed and manufactured umbilicals and power cables for the Liuhua 4-1 field project, in the Pearl River Mouth Basin of the South China Sea.
Signposted and marked access routes were created at 21 turn-offs to the shoreline from Swakopmund to the Ugab River Mouth, where holidaymakers and anglers could easily reach the beachfront.
Through its deal with the Chinese offshore oil firm, Chevron will own and operate the shallow-water blocks that cover about 2,233 sq miles in the Pearl River Mouth Basin, the second-largest US oil company said.
The buildings were demolished after Wansbeck Council decided to create a riverside park between Sheepwash and the river mouth.
wind blows through the marshes and river mouth where my brother's
The Bureau of Meteorology (BoM) at 5 PM (CST) upgraded its cyclone advice for the coastal areas from Daly River mouth to Point Stuart, including Darwin and the Tiwi Islands, from a cyclone watch to a cyclone warning.
With stunning views out over the river mouth, the Merthyr Mawr sand hills and the Bristol Channel, it is not difficult to see what attracted Iris Smith and her late husband to the property in Sutton Lane more than 40 years ago.
A spokeswoman at Holyhead Coastguard said the inshore rescue boat from Cricceith searched the Dwyryd estuary while the larger boat searched the river mouth.