Navigable in United Kingdom

Meaning of Navigable

The following is an old definition of Navigable [1]: Refers to waters which afford a channel for commerce or intercourse. Opposed, non-navigable, unnavigable. Capable of being used for purposes of navigation, of trade and travel, in the ordinary modes, without reference to the extent or manner of use; sufficiently wide, deep, and free from obstructions to be useful for purposes of trade and transportation. ” Navigable waters ” has three distinct meanings: 1, as synonymous with “tide- waters,” being waters, salt or fresh, wherever the ebb and flow of the tide from the sea is felt; 2, as limited to tide-waters capable of being navigated for some useful purpose; 3, as including all waters, whether within or beyond the ebb and flow of the tide, which can be used for navigation. a river, navigable in its general character, does not change its legal characteristics by a disturbance which, at a point, breaks the continuity of actual navigation. Congress has power ” to regulate commerce,” and “commerce” includes navigation. But the power does not extend to such small creeks and coves as are not navigable for any general purpose useful to commercial business. See further Commerce. The admiralty and maritime jurisdiction granted to the Federal government by the Constitution extends to all navigable lakes and rivers, where commerce is carried on between States or with a foreign nation. See Lakes. With us the ebb and flow of the tide is no test, as at common law and in England. There, no waters are navigable to any considerable extent which are not subject to the tide; from which circumstance tide- water and navigable water there signify substantially the same thing. Some of our rivers are navigable hundreds of miles above tide-limits. The test with us is navigable capacity. Those are public navigable rivers in law which are navigable in fact; when tiiey are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water. And they constitute navigable waters of the United States within the meaniflg of the acts of Congress, in contradistinction to the navigable -waters of the States, when they form, in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water. The capacity of use by the public for purposes of transportation and commerce affords the true criterion. If the river be capable in its natural state of being used for purposes of commerce, no matter in what mode the commerce may be copducted, It is navigable in fact and becomes in law a public river or highway. The essential point is whether the river is such that it affords a channel for useful commerce. The navigable waters of the United States include such as are navigable in fact, and which, by them- selves or their connections, form a continuous channel for commerce with foreign countries or among the States. In the absence of legislation by Congress, a State may authorise a navigable stream within its limits to be obstructed by a bridge or highway. If, in the opinion of a State, its commerce will be benefited by improving a navigable stream within its borders, it may authorize the improvement, although increased inconvenience and expense may thereby attend the business of individuals. That the navigable streams shall be highways without any tax, impost, or duty, has reference to navigation in its natural state. The constitutional provision did not contemplate that such navigation might not be improved by artificial means, and that for the expense a State should not exact reasonable tolls. There is no common law of the United States which prohibits obstructions and nuisances in navigable rivers, unless it be the maritime law; but no precedent exists for the enforcement of such law. There must be a direct statute of the United States in order to bring within the scope of its laws, as administered by courts of law and equity, obstructions in navigable streams within the States. Such obstructions are, or may be, offenses against the laws of the State, but not against Federal laws which do not exist. On the ground that the litigant parties are citizens of different States, the circuit courts may take jurisdiction. See Bridge. Navigation. The science or business of conducting vessels or materials over navigable waters. Moving an unfinished vessel about in the course of her construction is not “navigation. Inland navigation. Navigation carried on within a. country, on its rivers or other bodies of water, without reference to their magnitude, if such bodies are not so connected with the ocean, in the commerce of the world, as to be considered a part of the ocean or highway of nations. Rules of navigation. Regulations designed to prevent collisions between vessels. A leading system is that promulgated by the corporation of the Trinity House, October 30, 1840 but each commercial country has its own rules, made up of principles of the general maritime law, and of special enactments. Important legislation by Congress went into effect September 1, 1864 . Sailing rules and regulations prescribed by law furnish the paramount rule of decision, when they are applicable; but where a disputed question arises, with regard to which neither they nor the rules of the Supreme Court regulating the practice in admiralty have made provision, evidence of experts as to the general usage is admissible. See Admihalty; Purpresture; Regular; Regular; Sea; Span.

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Notes and References

1. Concept of Navigable provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)