or any
do be also vested in the Crown,
432
Crown, though
in 2:10
from
that
adjoining Hole. Be for palliations & the Fine. Lord Chelmsford in a recent case
Lord
Any person therefore erecting wharf thereon or other Building without the License of the Crown is guilty of the offence called "Purpresture"; and even with the License of the Crown,
if
the
erection obstructs the navigation, without conforming to some commensurate public
J. 12. Lords of this the House of Lords dissents;
Portibus locus Ropsão) dachime. In
7.85
Glanville
(gout)
benefit he is by
the
Common
law guilty
Spelman
of a
Nuisance for which an indictment Clefs Phrpresta
may be preferred by any subject of the
Realm, as the Crown cannot license
"Nuisance", but whether the act complained of be a Nuisance or not is a question of fact for a Jury.
o the bed of the sea or
à fundus maris
below low water mark and for 3 miles from the shore, is said by all Text Writers,
any
Case
however, it is clear
in the
sea and in the seashore
that this property of the Sovereign
bed of the sea between high and low mark is vested in the Crown as Trustee for the Public,
for securing to them the rights of free navigation and all the privileges
The
collected in
from such
· properly.
may grant to private
individuals the legal Title to the shore though the Interest therein acquired by
Mater. fr. 14.850
latter is subordinate to the
interests of the Public.
the
general
The distinction must be kept