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Sea-Shore

mass, water, land, mark and low

SEA-SHORE. That space of land on the border of the sea which is alternately covered and left dry by the rising and falling of the tide ; or, in other words, that space of land between high and low water mark. Har grave, St. Tr. 12; Shively v. Bowlby, 152 U. S. 1, 14 Sup. Ct. 548, 38 L. Ed. 331; Bell v. Gough, 23 N. J. L. 624 ; Cutts v. Hussey, 15 Me. 237; 4 De G. M. & G. 206 ; Mather v.

Hathaway v. Wilson, 123 Mass. 361; Galves ton v. Menard, 23 Tex. 358; Long Beach Land & W. Co. v. Richardson, 70 Cal. 206, 11 Pac. 695; Martin v. O'Brien, 34 Miss. 21. See TIDE ; TIDE-WATER. In a deed, sea shore is equivalent in its strict legal sense to foreshore and means the land between me dium high and low water mark ; [1905] 2 Ch. 164.

At common law, the sea-shore, in Eng land, belongs to the crown; in this country, to the state; 3 Kent 347; 27 E. L. & E. 242; Storer v. Freeman, 6 Mass. 435, 4 Am. Dec. 155 ; Com. v. Chailestown, 1 Pick. (Mass.) 180, 11 Am. Dec. 161; Brookhaven's Trustees v. Strong, 60 N. Y. 56 ; Pollard's Lessee v. Hagan, 3 How. (U. S.) 221, 11 L. Ed. 565; Bell v. Gough, 23 N. J. L. 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 ; Phear, Rights of Water 45 ; Ang. 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 water ; Wilson v. Inloes, 6 Gill (Md.) 121. But the power of the states, unlike that of the crown, is absolute except in so far as it is controlled by the federal constitution ; Ang. Tide-Wat. 59. The states, therefore, may regulate the use of their shores and the fisheries thereon, provided such regulations do not interfere with the laws of congress ; Corfield v. Coryell, 4 Wash. C. C. 371, Fed.

Cas. No. 3230 ; Smith v. Maryland, 18 How. (U. S.) 71, 15 L. Ed. 269 ; Townsend v. Brown, 24 N. J. L. 80 ; Wilson v. Black-Bird Creek Marsh Co., 2 Pet. (U. S.) 245, 7 L. Ed. 412. And See TIDE-WATER ; RIVER ; FISHERY.

The public right of fishing includes shrimp ing and gathering all shell-fish or other fish whose natural habitat is between high and low water mark ; Peck v. Lockwood, 5 Day (Conn.) 22; 2 B. & P. 472; Moore v. Griffin, 22 Me. 353.

In Massachusetts and Maine, by the col ony ordinance of 1641, and by usage arising therefrom, the proprietors of the adjoining land on bays and arms of the sea, and other places where the tide ebbs and flows, own to low water mark, subject to the public ease ment, and not exceeding one hundred yards below high water mark; Sale v. Pratt, 19 Pick. (Mass.) 191; 3 Kent 429 ; Dane, Abr. 1 68, a. 3, 4. It was a question whether this )rdinance extended to New Hampshire; Nudd v. Hobbs, 17 N. H. 527. A description )f lands extending to the sea-shore will not include the shore itself ; Niles v. Patch, 13 Slray (Mass.) 257; Littlefield v. Maxwell, 31 Me. 134, 50 Am. Dec. 653.

A conveyance of a wharf has been held to include flats in front of it : Doane v. Ass'n, 6 Mass. 332; Com. v. Alger, 7 Cush. (Mass.) 66; and as an incident sea weed cast upon them is prima facie an appur tenant belonging to the owner of the soil ; East Hampton v. Kirk, 6 Hun (N. Y.) 257; Phillipps v. Rhodes, 7 Mete. (Mass.) 322. See