... These proceedings raise a number of questions relating to the proper construction of the provisions of the River Bann Navigation Act 1879 ("the 1879 Act") as amended. In particular questions arise as...river bed and fishing rights thereon, agreed to contribute a substantial sum to assist in the improvement of the navigation of the River Bann. The recitals to the 1879 Act indicate that it was...Act (Northern Ireland) 1972 provides:"In section 5 of the River Bann Navigation Act 1879 (hereinafter referred to as `the Act of 1879') `the district councillors of the...

...underwriters at Glasgow on the 8th of June 1878 (for the twelve months from the 29th of May 1878 to the 28th of May 1879), include the Gulf of St Lawrence, or are confined to the river of that name...Lawrence;” they are negative, “no St Lawrence.” The other material facts (established by the evidence) are these. The navigation of the river St Lawrence is open, and generally safe...November vessels cannot remain there, except at the risk of being frozen in for the winter; and from the beginning of December till about April the river navigation is (in ordinary seasons) entirely closed...

...1782 2 Paton 582 was decided on the ground that there was a public right of navigation in the river Spey, while counsel for the pursuer contended that the case did no more than regulate...undoubted right at all times and seasons, when they think necessary to send floats of timber down the said river from the superior parts thereof, all the way to the sea, and to free navigation of this river...to navigate it by boats, currachs and rafts in all parts and that the respondent had no right to erect braes, dykes or bulwarks in the bed of the river, so as to interrupt the navigation; and to ordain...

...Facts: HeldHeld, upon a construction of the Clyde Navigation Consolidation Act 1858, secs. 76 and 84, that the Clyde Navigation Trustees were entitled to carry on...that under the Act 3 and 4 Vict. cap. 118, which dealt with the Clyde navigation, the Clyde Trustees’ powers of compulsory purchase expired in eight years after the date of its passing, so far as...19th June 1879, anteante, vol. xvi. p. 661. The decree bore that the complainers “are proprietors of the foreshores of the river Clyde ex adversoex adverso of said lands, but subject always to any...

...accordingly steered for the middle of the river so as to get out of her way. To do so she starboarded her helm, which was contrary to the rules of proper navigation in the circumstances. Almost immediately...Clyde Navigation Trustees for the purpose of transporting harbour refuse from one place to another, was proceeding up the river to Port-Glasgow. Shortly after the larger vessel had come round Garvel...Facts: A steamer, outward bound, proceeding down the river Clyde, opposite Greenock, instead of keeping to that side of the channel which lay on her starboard, the course...

...Facts: The Clyde Navigation Consolidation Act 1858 enacts by section 98 that it shall be lawful for the Trustees to levy on and in respect of all goods shipped or...unshipped in the river or harbour the rates specified in the first and second columns of part 1 of Schedule (H) to that Act annexed. That schedule is entitled “Rates on goods conveyed upon or shipped or...unshipped in the river or at the harbour, or using any transit-shed or warehouse,” and it includes timber in the list of goods chargeable. By a previous Act of 1770 the magistrates of...

...Court of Session under section 2 of the “Shipping Casualties Investigation Act 1879,” 42 and 43 Vict. c. 72, and the Shipping Casualties (Appeal and Rehearing) Rules 1880, craving that the decision...., bound for Bilbao. She was under the command of William Ewer, who held a master's certificate of competency, and who had very considerable experience in the navigation of the Clyde. Her crew...took full charge of the vessel, as no watches had been set up to that time, and the vessel steamed down the river on a flood tide at about 8 Their Lordships, who on hearing the case...

...dangerous for navigation at that season. In particular, it has been a long established custom to stipulate in time policies that the vessel insured shall not enter or be in the river and Gulf of St...indorsed thereon, which the Lord Ordinary finds to be a warranty against the navigation of the river and Gulf of St Lawrence during the prescribed period; therefore assoilzies the defenders from the...entirely frozen, and is therefore not navigable at all. No doubt, during the early and later weeks of the winter season the navigation of the river is in a sense possible, although extremely dangerous...

...navigation of said river thence arising.” The pursuers stated—“(Cond. 7) At the time of the passing of the last-mentioned Act [that of 1881] there remained in existence certain portions of...section of the Act. Assuming, as I think we must assume, that this old bridge does impede the navigation of the river, the pursuers have for these reasons a clear right and interest to insist on the...Facts: Section 21 of the above Act, which was obtained by the North British Railway for authority to erect a bridge over the Tay higher up the river than one which had...

...in question, that the mooring of the barge was a substantial interference with those rights, that the right of navigation on which Mr Barton relied under certain Wye River Navigation Acts did not...Stockinger is also the author of a book on the River Wye published in 1996 with the title "The Rivers Wye and Lugg Navigation, a Documentary History 1555 1951". The proceedings concerning the National Rivers...highway into the river. 33. The right of navigation is a public right of way over tidal waters. A similar right may be acquired over non-tidal waters. The right is a right to pass...

...Supplies Act, 1942 (the "1942 Act"), notifying "navigation authorities" within the meaning of the 1942 Act of a proposal to take a supply of water from the River Barrow, at a location in the...Bann, the Royal Canal, the Shannon-Erne Waterway and the Shannon Navigation. 1 2. On 19thOctober 2011... 1.3 Breach of Article 14 of the Canals Act Bye-laws 1988 the Draft of the Navigation and the clearance required. 1.4...

...not entitled to interdict the Clyde Navigation Trustees from conducting operations for deepening the river within the limits prescribed by the Act of Parliament, by dredging or otherwise, and carrying...though that purpose be a public one, such as the improvement of the navigation of an important river. There can be no doubt that this Act of Parliament so obtained was very badly expressed. It was..., which repealed all the previous Clyde Navigation Acts, no compensation was due in respect of damage done after that date, and (2) that procedure under the Lands Clauses Act was incompetent. The Court...

...the mere fact of tide would not by itself give the public a right to fish trout. In a river tidal and navigable the solumsolum was in the Crown, and the public had full rights of navigation and...thed istinction was drawn between a navigable river, which as such was public only as regarded its use of navigation, and a tidal river, of which the solumsolum was in the Crown in trust for the...as such was public only as regarded its use of navigation, and a tidal river, of which the solumsolum was in the Crown in trust for the public. The test of the one was navigability, of the other tidal...

...of the North British Railway Company New Tay Viaduct Act, which was obtained by the North British Railway Company for authority to erect a bridge over the Tay higher up the river than that which was...Court that in carrying it into effect the company were either unreasonably delaying to execute the operations directed by the Act, or executing them in a manner injurious to navigation generally, or...view the fact that the Board is a department of the State charged with the interests of navigation, and so entitled, irrespective of the provisions of the TayBridge Act of 1881, to compel performance...

...main river....177. Compensation etc. in respect of exercise of works powersSchedule 21 to this Act shall have effect for making...guides for navigation. These had combined with natural weed growth and the accumulation of silt to cause the river to burst its banks and flood the plaintiff's property. He brought an action in...case stated from the Lands Tribunal. It concerned a claim by Mr Burgess against the Gwynedd River Authority (later subsumed within the WNWDA) for compensation under section 34 of the Land Drainage Act...

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...-section 1, of the Act it was provided, for the purposes of protecting the navigation of the river, that the bridge should be constructed so as to leave opening spans in the fairway of the channel of the..., the Court refused to allow him expenses although the defenders had made no tender.Headnote: The Alloa Railway Company were empowered by “The Alloa Railway Act 1879...obstruction to the navigation of the river, and in particular, to have opened the said temporary bridge, and to have allowed the said tug and vessels towed by her to pass through on the occasions condescended...

...loss and damage sustained by the pursuers in consequence of a collision which took place between the two vessels on 11th December 1879 at a point on the river Clyde a little below Bowling. The...good navigation and seamanship, and with the rules for preventing collisions, issued under Order in Council in terms of the Act 25 and 26 Vict., cap. 63, sec. 25, it was the duty of those in charge...‘Ariadne,’ belonging to the pursuers: Finds He added this note—“On 11th December 1879 the steamer ‘Ariadne,’ which belongs to the pursuers, was proceeding up the river Clyde with a...

...which has been here attempted. The removal of stones by the Tay Navigation Commissioners under their Act of Parliament is of no application, nor is any evidence by Mr Galletly or others as to removal...interdictedinterdicted. alveus interdicted Twenty tons of ancient boulders and stones which interfered with the sweep of the salmon-nets in a river were...averred—“(Cond. 4) About three weeks ago the defenders commenced operations on the alveusalveus or bed of the river opposite the Pot Shot. These operations were carried on by means of three or more...