Ensminger v. People ex rel. Trover

Citations

• 47 Ill. 384

Syllabus

<p>1. Change oe tenue—in proceedings by quo warranto—whether a matter of right, or discretion. Upon an application for a change of venue in a proceeding by quo warranto, the party making the application showing all the facts requisite to the allowance of a change of venue, it is not a matter of discretion with the court to. grant or refuse the application; but the party is entitled to .a change of venue as a matter of right.</p> <p>2. Construction—of act of 1861. . The act of 1861, giving the court discretionary power in that regard, in reference to certain criminal proceedings, does not embrace a proceeding by quo warranto, that not being criminal in its character.</p> <p>3. Boundaries—of riparian owners. The line of the riparian owner of land in this State, bounded by the Ohio river, extends at least to low water mark.</p> <p>4. Riparian owner—of Ids rights between high and low water mark. The riparian owner, thus having the title to the land between high and low water mark, and the right to the exclusive use thereof, has the right to establish a private wharf thereon, and make reasonable charges for its use by those navigating the river.</p> <p>6. Same. While the property of the riparian owner in the bed of the river to the flum aquas, is subservient to the use of the public as a highway, for purposes of navigation, still the banks of the river are not under, or subject to, that servitude. To be entitled to the use of the banks, the right must be acquired by agreement, prescription, or grant.</p> <p>6. Same. The riparian owner having the right to the exclusive use of the banks to low water mark, a person navigating the river cannot land against the will of the riparian owner, and becomes a trespasser if he does so without his consent.</p>