EUROPE.
In law, When a river not navigable forms the boundary of property, it is taken to belong in equal halves to the proprietors on opposite sides; and when both sides belong to one owner, then the whole of the bed belongs to him. In the common case where it is a boundary, an imaginary line called the medium, ,filitm, runs down the middle, and all the bed of the river on one side belongs to the proprietor of the land on that side. This rule refers to the soil under the water, which is as absolutely the property of the riparian owner as the banks of the river themselves. As regards the water, it is true that the riparian owner on his side of the middle line has not the absolute property of the water itself, but he can nse it to a limited extent–Las, for example, to water his cattle, to supply the wants of his house. etc. The right of abstracting quantities of water is limited to this extent, that if, by taking more than the usual quantity required for neces sary purposes, the rights of other riparian owners further down are materially injured, then the latter can bring an action to recover damages for -such injury. Thus, if a riparian owner or his tenant had a mill on the river which had existed thirty or forty years, and a riparian owner further up has materially diminished the volume of water, an action of damages will be competent. So one owner cannot alter the bed or embank the river so as to injure other owners. With regard to fishing, each riparian owner has a right to fish in his half of the river, and to catch all he can find there, snhject to the restrictions of the fishery laws. (Paterson's Fishery Laws of the United Kingdom) In Scotland, the riparian owner, unless he has a grant from the crown, cannot meddlewith salmon so far as net-fishing is concerned, though be may fish for salmon with the rod. It follows that a riparian owner, when fishing with the net or rod, cannot go beyond his own half of the stream; and if he cast his line beyond the mid-stream, lie would be liable to an action of trespass. But it is usual for opposite riparian owners to allow each other to fish the whole stream, for this is more convenient to both parties. The restrictions as to the times of fishing and the size of nets are stated under FisirEnv. Where a river is
navigable, the soil belongs to the crown, and the public have prima facie a right to fish in it, though individuals may prove a title to a several or exclusive fishery there, but the burden of proof lies on such individuals. As between navigation and fishing, the right of navigation is paramount, and the fisherman must yield to the navigator.
- The poisoning of rivers has begun of late years to• cause serious concern, in eonse• quence of the extension of manufactures, many of which are situated on the banks or streams, and use such streams as a drain or sewer. No person has a right so to poison or pollute a stream, and if he do so, any of the persons whose kinds abut on the stream lower down may bring an action to recover damages. But if these tolerate the nuisance without complaint for twenty, or, at all events, forty years, they are forever afterward precluded from complaining. Hence, in most cases, the manufacturers who pollute streams must be able to prove that they have been in the practice of fining so without challenge for twenty, or at most forty years. As, therefore, the law was defective in guarding salmon-rivers from this danger, the English salmon fishery act enacted that all persons who poison streams without a legal right of this kind shall be liable to fine; anti, moreover, even when they have the legal right, they must prove that they have used all reasonable means to counteract the ill effect of their refuse. Whoever unlawfully or maliciously puts lime or other noxious material in a pond or water with intent to destroy the fish therein, commits a misdemeanor, and may be sentenced to seven years' penal servitude. In Ireland and Scotland, the law does not materially differ from that of England as to poisoning rivers and streams; and it is an offense to put lime into streams to kill fish.—Paterson's Fishery Laws of the United Kingdom. Besides the offenses declared by the salmon acts of the United Kingdom, there are'also similar penalties for poisoning waters, imposed by the water-works clauses. act, 10 Viet. c. 17, s. 61; the public health act, the nuisances removal and other sanitary acts. See also the rivers pollution prevention act, 1876.