Palmer v. Hicks
New York Supreme Court
IN error, on certiorari. Hicks, as supervisor of the ió wn of Flushing, in Q'ueens county, brought an action of debt, against Palmer, the plaintiff in error, and two others, for the penalty of ten dollars, for an offence against the rules and regulations of the town of Flushing, . . made by the freeholders and inhabitants of the town, as- , , , . . , ’ sembled m town-meeting pursuant to the act.
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IN error, on certiorari. Hicks, as supervisor of the ió wn of Flushing, in Q'ueens county, brought an action of debt, against Palmer, the plaintiff in error, and two others, for the penalty of ten dollars, for an offence against the rules and regulations of the town of Flushing, . . made by the freeholders and inhabitants of the town, as- , , , . . , ’ sembled m town-meeting pursuant to the act. (Vol. 1. p. 338. 24 sess. c. 78. s. 11.) The regulation in question was made in April, 1808, by which it was ordered that no person should be allowed to rake clams within the boundary line of…
1Per curiam
The town of Flushing must show a right of property to the lands below low water mark, in the bay, on the Sound, in order to entitle them to make rules to regulate the use of those lands. W e will not presume a grant of lands under navigable waters, to the owners of the adjacent soil, without evidence of long exclusive possession and use, to warrant such presumption. No grant has been shown, nor was any fact proved, from which a grant was' to be presumed.
The act, extending the bounds of the town over the bay, and into the" Sound or East River, so as to include the islands southward of the-…
2Cited by8 opinions
- Commonwealth v. City of RoxburyMassachusetts Supreme Judicial Court · 1857
- Jackson ex dem. Bogert v. SchauberNew York Supreme Court · 1827
- President of the Delaware & Maryland Rail Road v. StumpCourt of Appeals of Maryland · 1837
- Hendrickson v. BeersThe Superior Court of New York City · 1866
- Jackson ex dem. Butler v. WidgerNew York Supreme Court · 1827
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