Bynlaaaayaaj (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ...individual proves that he has the right, which may be done by shewing a grant or prescription. The case of Warren v. Matthews, reported in 1 Salk. 357, and in 6 Mod. 73, is probably misreported. The patent to the inhabitants of Oyster-Bay. conveyed all the lands under water within the bounds of that grant, together with the exclusive right of fishing in the waters within the same. Such right is part of the common property of the town, ind may be regulated by rules and regulations adopted in town meeting. It must, however, be so used as not to occasion an annoyance to the passage of ships or boats, and is subject to the laws of the state for the conservation of fish or fry id. FORGERY. 1. Where an order for the delivery of goods was accepted and paid, and returned to the drawer, and the d.ite of it subsequently altered by him; such alteration was liolden not to be forgery at common law, although manifestly done with a fraudulent intent. The People v. Fitch, 198 2. To constitute forgery in such case, the act must have a tendency to effectuate the intended fraud. id. t. An order satisfied by the delivery of the goods, in the hands of the drawer in legal acceptation is no instrument, and an alteration of its date is no false making; it ii wha' it purports to be. id. FRIVOLOUS PLEA. When a plea, adjudged bad on a demurrer, ii interposed, the plaintiff may demur specially, and notice the cause for argument, claiming priority, as in the case of a frivolous demurrer or frivolous I ill of exceptions. Hartford Xank v. Murrell, 87 GRANTS. Where a patent or grant conveys a tract of land by metes and bounds, the land under water as well as other land will pass, if the land under water lies within the bounds of the grant. By the common law, every arm of the sea or naviga...