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 ?
If Birmingham and its people don't unite and demonstrate their opposition, it will not just be our heritage that is sold down the river but the future for our youngest citizens to have the opportunity to develop and learn skills for work in our city.
jamieh7 Newmarket, home of thoroughbred racing, has been sold down the river to a bunch of Londoners.
The miners were sold down the river by Maggie, Gordon Brown and Co have done the same to Teesside steelworkers.
He added: "We've been sold down the river - literally - by the Environment Agency.
MGROVER has been sold down the river by poor management and bad trade unionism.
Sold down the river from their original Plough Lane home by former owner Sam Hammam, Wimbledon have lost 51 players in four seasons.
The soul of Miami has been sold down the river,'' city manager Cesar Odio told the Miami Herald after an emotional meeting in 1994, when the Orange Bowl Committee officially voted to move the game from the stadium that bears its name.
After tugging at the audience's heartstrings as the lonely old lady is sold down the river by fake psychics, she ultimately enters a kind of joyful, dancing celebration of her own soul.
This is a '90s version of Burton's Anatomy of Melancholy: Smith and White are fascinated by peculiarly American versions of failure, of utopian dreams sold down the river of compromise and capitalism.
The phrase sold down the river entered the American idiom.
Tom, sold down the river, suffers the fate his mother plotted to spare him.
Martin McDonagh, chairman of silverware firm Heritage Collection which is based in Small Heath, said: "Our city is being constantly sidelined and, as in this case, its very heritage sold down the river by those