State v. . Eason

Citations

• 19 S.E. 88
• 114 N.C. 787

Syllabus

<p>Indictment for Violation of Town Ordinance — Boundaries of Municipality■ — Navigable Stream — Low Water Mark — Thread of Stream.</p> <p>1. In North Carolina the test of navigability of a stream is whether it is navigable for sea-going vessels, and not whether it is subject to the ebb and flow of the tides.</p> <p>2. A grant to a riparian owner, running with a navigable stream, extends only to the low water mark and not to the thread of the stream, and in defining the limits of an incorporated town bordering on such a stream the same rule of construction applies; therefore,</p> <p>S. Where the State confers municipal powers upon a corporation and describes the boundary as running with a navigable river, the jurisdiction of such municipality does not extend beyond the low water mark in the absence of some provision in its charter expressly or by fair implication extending the limit of its jurisdiction.</p> <p>Qi'itre: Whether a warrant charging generally the violation of an ordinance, which denounces eight prohibited offences, can lie amended after verdict by inserting the specific charge of the commission of one of the prohibited acts.</p>