TIDE-WATER.
2. At common law, the sea-shore, in Eng land, belongs to the crown; in this country, to the state. Angell, Tide-Wat 20 et seq.; 3 Kent, Comm. 347 ; 27 Eng. L. & Eq. 242 ; 6 Mass. 435 ; 1 Dutch'. N. J. 525 ; 16 Pet. 367 ; 3 How. 221 ; 3 Zabr. N. J. 624. In England, the sovereign is' not the absolute proprietor, but holds the sea-shore subject to the public rights of navigation and fishery; and if he grants it to an individual his grantee takes subject to the same rights. Pheas, Rights of Water, 45.-55 ; Angell, Tide-Wat. 21. So in this country it has been held that the rights of ,fishery and navigation remain unimpaired by the giant of, lands covered by navigable water. 6 Gill, Md. 121. But the power of the states, unlike that of the, crown; is abso. lute, except in so far as it is controlled by the federal constitution. Angell, Tide-Wat. 59. The states, therefore, inay regulate the use of their shores and tbe fisheries thereon, provided such regulations' do not interfere with tile laws of congress. 4 Wash. C. C. 371 ; 18 How. 71; 4 Zabr. N. J. 80; 2 Pet. 245.. And see TIDE-WATER; RIVER.
3. The public right of 'fishing includee shrimping arid gathering all shell-fish or other fish Whose natural habitat is between high and low water mark. 5 Day; Conn. 22 ; 2 Bos.' & P. 472 ; 22. Me. 353. In Eng land and in some of the United States it has been held that the public have no right to use the banks of rivers for the purpose of towing vessels, 3 Term, 253 ; 11 366 ; though in other states a different rule seems to have been adopted. 4 Ill. 520; 12 id. 29; 31 Me. 9 ; 42, id. 552 ; 18 Barb. N. Y. 277 ; 4 Mo. 343 ;. 1 Jones, No. C.,299. ,
In Pennsylvania and some of -the othei states it has been held, contrary to the com mon law, that the soil of the sea-shore be longs to the riparian proprietor. 6 Penn. St. 379 ; 28 id, 206 ; '1 Whart. Penn. 536; 14 B. Monr. Ky. 367 ; 11 Ohio, 138. And see ' In Massachusetts and Maine, by the colony ordinance of 1691, and by usage arising there. from, the proprietors of the adjoining land on bays and arms of the sea, and other places where the tide ebbs and flows, go to low Water inark, subject to the public easement, rand not exeeeding one hundred yards belcyr high-water , mark. 3' Kent, COMM. -429; Daue, Abr., c. 68, a. '3, 4. , See,Wnear.
4. By the Roman law, the shore included the land as far as the greatest vrave extended in winter : est autem littus marls; patent's liibernus, fluetuk maxinnis excurrit. lhet. ,l. 2, t. 1, s. 3. Littus publiobsm est eatenus qua maxime fluctus excestuat. Dig..50. 16, f The Civil Code of' Louisiana seems to have followed the law, of the Institutes and the Di , gest ; for it ena.cts, art. 442, that the " sea-shore is that, space of land over. which the waters of. the sea are spread in the:highest water during the winter season." See 5 Rob. Adm. 182 ; ,Dougl. 425; 1 Heist. .N. J. 1 ; 2 Rolle; Abr.' 170; Dy. '326 ; 5 Coke, ,107 ; Bacon, Abr. Courts of Admiralty (4); 1 Ara. Law Mag. 76; 16 Pet. 234, 367 ; Angell, Tido Waters, Index, Shore ; 2 s. 146 ; 5 Mem. & W. 'Exch. 327; Merlin, Quest. de Droit', lavage de la Her ; lust. 2. 1. 1 ; 22 Me. 350.