TIDE-WATER.
2. At common law, the sea-shore, in Eng land, belongs t,o 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 ttie 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 grant of, lands covered by navigable vvater. 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. Tide-Wat. 59. The states, therefore, may regulate the use of their shores and the fisheries thereon, provided. such regulations' do not interfere with tbe laws of congress. 4 Wash. C. C. 371; 18 How. 71; 4 Zabr. N. J. 80; 2 Pet.
245.. And see TIDE-WATER ; RIVER.
S. The public right of 'fishing inciudee shrimping and 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 vessele, 3 Term, 253 ; 11 Miss. 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 longs to the riparian proprietor. 6 Penn. St. 379 ; 28 id. 206 ; 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 thera 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 mark, subject to the public easement, and not exc,eeding one hundred yards belt* high-water mark. 3' Kent, Conim. 429; Dane, Abr., c. 68, a. '3, 4. , See,Wnear.
4. By the Roman law, the shore included the land as far as the greatest wave extended in winter : est auk= Mita marls; quatenas hibernus, fluetuk maxima& excurrit. Inst. 1. 2, t. 1, s. 3. Lights publicum ast eatenuk qtta maxime fluctus excestuat. Dig. 50. 16.
The Civil Code of Louisiana seems to have followed the law, of the Institutes and the Di , gest ; for it enacts, art. 442, that the "see-sbore is that. space of land over which the waters of, the sea are spread in the:highest water during the winter season." See 5 R.ob. Adm. 182 ; ,Dougl. 425; 1 Heist. 1.; 2 Rolle; Abr.' 170; Dy. '326 „ 5 Coke, .,107 ; Bacon, Abr. Courts of Admiralty (A); 1 Am. Law Meg. 76; 16 Pet. 234, 367 ; Angell, Tide Waters, Index, Shore; 2 Nigh, x. s. 146 ; 5 Mees. & W. 'Exch. 327 ;' Merlin, Quest. 'de Droit, Rivage de la Mer ; inst. 2. 1. 1 ; 22 Me. 350.
A species of grass which grows in the sea. .
When cast upon land, it belongs to the owner of the land adjoining the sea-shore, upon the. grounds that it increases gradually, that it is useful as manure and a protection to the ground, and that it is some compea sation for the encroachment of the sea upon the land. 2 Johns. N, Y. 313. 323. See 5 Vt. 223. , , , • , The French differs from our law in this re spect, as sea-weeds there, when cast on the beach, belong to the first occupant. Dalloz, Diet. Propriete; art. 3, 2, n. 128.