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 ?
In an emotional high point, Rivera and Veintimilla extinguish time, dancing together as one person.
Rivera sought $500,000 from the city in a civil suit, claiming false imprisonment by Worcester police Officers Richard Burgos, James O'Rourke and Francis Bartley, negligence by the city of Worcester, failure to supervise and or failure to train staff by the city of Worcester and police Chief Gary J.
During the 2010 Guangzhou Asian Games, he emerged as one of only three Filipino gold medal winners and sports officials are again pinning their hopes on the bowling team, especially on Rivera, when they do battle in Incheon.
Both Michele and Rivera are going through tough times in their lives.
Robbie Rivera currently resides in Miami, Florida, where his Juicy Beach music festival has become one of electronic dance music's premier annual events, drawing A-list DJs and production talent, including members of Swedish House Mafia, Deadmau5, Bob Sinclar, Dirty South and other well-known performers.
Edwin Rivera was later shot and killed by a police sniper on his front lawn as he attempted to flee the house, which had caught fire, apparently from police flash-bang grenades.
Half a dozen other replicas of smaller Rivera murals are also on loan from Guanajuato to Fiesta and alsowill be displayed, organizer Rebeca Urhausen said.
The 132,000 s/f complex at 2120 Atlantic Avenue doubles the capacity of the two businesses Rivera founded, Park Avenue Building and Roofing Supplies and AM&G Waterproofing.
The Rivera court's analysis of property held for investment should also apply to Sec.
Second act: Rivera was first named Rochester's superintendent when he was 39 in 1991.
The legendary guitarist just so happens to be one of Rivera's all-time musical heroes and Rivera bears more than a passing resemblance to Hendrix on the cover of his new album, Trouble.