Page:Black's Law Dictionary (Second Edition).djvu/814

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


NAVAL

supersede the master of the ship with reference to which the Inquiry is held, to discharge any of the seamen. to decide questions as to wages, send home oifenders for triai, or try certain offenses in a summary manner. Eweet.—Navn courts-martial. Trihunals for the trial of olfenses arising in the management of public war vesseis.—Nnvnl law. The system of regu- lations and print-ipies for the government of the navy.—Nnvnl oficex-. An ofict-r in the navy. Also an important functionary in the United States custom-houses, who estimates duties, signs permits and clearances, certifies the colicctors' returns, etc.

NAVARClIUS. In the civil law. The master or commander of a ship; the captain of a man-of-war.

NAVICU'.LAR.I'US. In the civil law. master or captain of s shlp. Calvin.

The

NAVIGABLE. Capable of being navigated; that may be navigated or passed over in shlps or vessels. But the term is generally understood in a more restricted sense, viz., subject to the ebb and fiow of the tide.

"The doctrine of the common law as to the ' ilitv of waters has no npplication in this . Here the ehh and How of the tide do not constitute the usual test, as in England. or any test at ail, of the nnvigiibility of waters. There no waters are naifigalile in fact, or at least to any considernlile extent, wli are not subject to the tide, and from this circumstance tide-water s_nd navigable water thers signify suhstantiaily the same thing. But in this country the case is widt-lv ditferent. Some of our rivers are as navigable for many hundreds of miles above as they are below the limits of tide-water, and some of them are navigshle for great distances by lnrgc vessels, which are not evcn afiected by the tide at any point during their entire length. A ditferent test must therefore be applied to determine the navigaliility of our rivers, and that is found in their nnvigznhle espacity. Those rivers must be regarded as public navigable rivers. in law, which are novigable in fact. And they are navigable in fict when they srs used, or are susceptible of being used. in their ordinary condition, as highways for commerce. over which trade and triivei 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 meaning of the acts of congress. in contrnrlistinction from the nuvixrflhle waters of the states, when their form, in their ordinary condition, by themselves, or by uniting with other waters, :1 continued highway over which commerce is or may he carried on with other states or foreign countries in the customary modes in which such commerce is conducted by water." The Daniel Bull, 10 W111. ‘JG’! . L. Ed. 909. And see Packer v. Bird. 1 661 11 Sup. Ct. 210. 34 L. Ed. 81')- (‘vcncsce mlibf. 12 How. 455. 13 L. Ed. 1 Illinois Cent R. Co. v. State. 146 U. S. 13 'Siip. Ct. ‘I10. 3H L. Ed. ‘[015.

It is true that the flow and ebb of the tide is not rezardcd. in this country, as the usual, or snv real. test of naiiizahllity; and It only op- erires to impress. rrrima fricic, the character of heing puhlic and navigable, and to place the 0mm of proof on the party affirming the contrary. But the navigahility of tide-waters does not materially depend upon past or present sctual puhlic use. Such use may estnhllsh navignhility, but it is not essential to give the char- acter. Otherwise. streams in new nnd unsettled sections of the country, or where the increase, lzruulh, and development have not bccn sulficlsnt to call them into public use, would be ex-

806

NAVY

eluded, though navigable in fact, thus making the character of being a navigable strcsm dependent on the occurrence of the necessity of puhlic use. Capability of bein used for usefui purposes of navigation, of trs e and travel, in the usuai snd ordinary modes, and not the extent and manner of the use, is the test of navi-

ubiiity. Sullivan v. Spotsivood. 8:’. Ala. 1L'y(i.2

outh. . —Naviga.ble river or stream. At common iaw, a river or stream in which the tide eliba and flows, or as far as the tide ebbs snd don-s. 3 ‘Kent. Comm. 412, 414, 417. 418: 2 Iiii. Real Prop. 90, 91. But as to the definition in American law. see sii1.ira.a—Nnvignhle waters. Those waters which afford a channel for usetui %Jé:ii:§§I:'lce. The Monteilo, 20 Wall. 4130, H L 4

NAVIGATE. To conduct vessels through navigable waters; to use the waters as a means of coru11.iuuication. Ryan v. Hook, 3»! Hun (N. Y.) 185.

NAVIGATION. The act or the science or the business of traversing the sea or other waters in ships or vessels. Pollocl; v. (‘leve- Iand Ship Building 00.. 56 Ohio St. . 41 N. E. 582: The Silvia, 171 U. S. 462. 19 Sup. Gt. 7, 43 L. Ed. 211; Laurie v. Douglass, 15 Mees. R: W. 7415.

—Navigntion sets, in English isw, were vs- rious enactments primed for the protection of British shipping and commerce as sgainst foreign countrii-s. For a sketch of their history and operation, see 3 Steph. Comm. They are now repcalcd. Sec 16 & 17 Vict. C. 107, and 17 & 18 Vict. cc. 5. 120. Whurton.—Nnvigation, rules of Ruies and regulations adopted by commcrciai nations to govern the steering and management of vesseis approaching each other at sea so as to avoid the danger of colli- sion or foiiling.—Regular navigation. In this phrase, the word “regular" may be used In contradistinction to “occasional." rather than to "unlawful," and refer to vessels that, alone or with others. constitute iines, and not mereiy to such iis ars regular in the sense of being prop- erly rlocumcnletl under the laws of the count to which thcv belong. The Steamer Smidt, Op. Attys. Gen. 276.

NAVIRE. Fr. In French law. A ship. Enierlg. Traite des Assur. c. 6, 5 1.

NAVIS. Lot A ship: a vessel. —Ns.v-is bonn. A good ship; one that was staunch and strontt, well caulked, and stiffened to -hear the sea, ohedlent to her helm. swift, and not unduly atfected by the wind. Calvin.

NAVY. A fleet of ships; the nzzregate of vessels of war belonging to an independent natron. In a broader sense, and as equiv- alent to “naval forces." the entire corps of officers and men enlisted in the naval service and who man the public ships of war, icnludlxig in this sense, in the United States, the officers and men of the Marine Corps. See Wilkes v. Dinsinan, 7 flow. 124, 12 L. Ed. (218; U. S. v. Dunn. 120 U. S. 249. 7 Sup. Ct. 507, 30 L. Ed. 667.

-—Ns.vy bills. Bills drawn by officers of the English navy for their pay. etc.—Nn.vy department. One of the executive departments

of the United States, presided over by the sears.-