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Se Defendendo

sea, water, seas and nation

SE DEFENDENDO (Lat.). Defending him self. Homicide se defendo may be justifiable.

SEA. The ocean ; the great mass of water which surrounds the land, covering nearly three-quarters of the globe. Waters within the ebb and flow of the tide are to be con sidered the sea ; Thackarey v. The Farmer of Salem, Gilp. 526, Fed. Cas. No. 13,852.

A large body of salt water communicat ing with the ocean is also called a sea ; as, the Mediterranean sea, etc.

Very large inland bodies of salt water are also called seas ; as, the Caspian sea, etc.

"A sea," in nautical language, may mean a general disturbance of the surface of the wa ter occasioned by a storm, and breaking it up into the roll and lift of waves following or menacing each other; some particular wave or surge, separate from its fellows ; Snowden v. Guiou, 101 N. Y. 463, 5 N. E. 322.

As a boundary in a conveyance, it includes the beach to low water mark ; Snow v. Real Estate Co., 84 Me. 14, 24 Atl. 429, 17 L. R. A. 280, 30 Am. St. Rep. 331.

' The high seas include the whole of the seas below high water mark and outside the body of the county. Couls. & F. on Waters. See 2 Ex. Div. 62 ; HIGH SEAS.

The open sea is public and common prop erty, and any nation or person has ordina rily an equal right to navigate it or to fish therein ; 1 Kent 27; Ang. Tide-Waters 44;

and to land upon the sea-shore. Bened. Adm. 224-257.

Every nation has jurisdiction over the per son of its own subjects in its own public and private vessels when at sea ; and so far ter ritorial jurisdiction may be considered as preserved ; for the vessels of a nation are in many respects considered as portions of its territory, and persons on board are protected and governed by the laws of the country to which the vessel belongs. The extent of ju risdiction over adjoining seas is often a ques tion of difficulty, and one that is still open to controversy. As far as a nation can con veniently occupy, and that occupation is at quired by prior possession or treaty, the jurisdiction is exclusive ; 1 Kent 29. This has been heretofore limited to the distance of a ca' or marine league, over the wa ters adjacent to its shore ; Church v. Hub hart, 2 Cra. (U. S.) 187, 234, 2 L. Ed. 249; Bynkershoek, Qu. Pub. Juris. 61; 1 Azuni, Merit. Law 185, 204 ; Vattel 207. See LEAGUE; SEAMAN; ADMIRALTY ; ARM OF THE SEA ; Low WATER MARK; LITUS MARIE; TERRITORIAL WATERS; SEA-SHORE; LEGISLATIVE POWER.