Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1855-08-16


vino had occupied tbs premises as MAST
and Spar-yard. DIR. E., was the son OF the
venerable and reverend N. Eyres, formerly
a pastor tor many years of the Second
Baptist church in this Town. lIe was
distinguished physician, and highly respect
cd by the citizens. Tho lot fronts in
breadth on Washington street fifty feet.
On the south Of Eyres' lot is the X.
Car wafer lot, measuring on the same
street an equal breadth. This lot was pur-
chased by Messrs. G.. g. J. Sou,hwick,
Sept. 8, 1901 who built on the front two
story building, and extended platform
wharf eighty-two feet. July 2Sth, 1905,
they sold all their Pie.wharf, save twenty
two feet that their building covered on the
front, TO Messrs. Warren g. Cranston, who
erected upon its western boundary Boat
builders shop, but decided to them their
water privilege, bounding them "Soulher-
ly on Mr.. Wards Water Lot and westerly
on the sea or salt water, back to the chan
nell"
The remaining 10. on Washington street
north of the Lor g.wharf, is known as the
Gov. Ward water lot. The town in their
deed of the Long-whart to the Proprietors,
Oct. 3, 1889, decided to them tract fifty
feet wide and eight hundred feet long, to-
gether with whatever right the town had in
a dockage of water forty-fve feet wide on
be north and the outl: Beyond tn lock-
age on the rh,those having charge of the
wharf have never trespassed. Upon the
original grants, early IN 100, Of the water
rights possessed by each of the lots on the
street, no one has ever claimed, excepting
those to whom they have legally and regu-
lary descended by heirship, and BY sale.
When the Trustees made sale of the
Gardner Lot, The west and last building lot
on the wharf August 18th, 1903, they had
special reference to their decided dockage,
by describing the last of the several condi-
tions that they stipulated, in these words,
and the privilege Of the ,oater North Of
said lot" They had no other water 10
convey, for none had ever been conveyed
to the proprictorship of the wharf save this
dockage.
Ethan Clarke Esq, one of the Trustees,
sod the water lot oil Gov. Ward, Sept. l7lh
1908 and he describes it thus, viz, :" situ-
ated at or near and north of the Long wharf
so called" " and westerly on the sea or
salt water Of Narragansett Bay" To each
deed of the water lots on Washington
street the following phraseology is append
ed, viz, q copy from the oldest deed that ]
have been able to find, y westerly on the
Harbour or salt water, or however other
wise the same may be butted, bounded, lin
tied, "r described together with all and
singular the ways,waters, passages, rights,
liberties, privileges, appurtenances &C., to
the same belonging, or in any wise apper-
tanning, and all our estate, right, title, inte-
rest, property, use, possession, cliin, and
demand OF, in and TO the above granted and
bargained premises, and every part and par
eel thereof" B. 8, p. 45O. Many of the
owners of these wharves were proprietors
OF the Long wharf. VIII II they obtained
the deed Of the latter, they agreed to sub
nit to the Inconvenience Of sailing their
vessels around SO great distance as 800 ieet
as they contemplated in the beginning doing
to promote the public convenience, by pro-
viding longer wharf than their own for
the discharge of vessels Of the largest ton.
mage; but they never thought of running
any obstruction between their own, or the
estates Of any others, by which the direct
communication from each lot with Nara
gansott Bay should be in any manner inter.
cepted.
1t has been in this, and every other
country, so far as ] can learn, settled
point in common law, universally conceded,
that no shore boundary can be- cut off for
private uses and also that government for
the public good requires not private ciii.
zen to sustain the loss of his property with
out indemnify. The former principle is
fully sustained by our General Assembly in
their act of May, 1907, when they granted
to the several towns the jurisdiction Of the
waters within their boundaries specifying a.
follows notwithstanding viz. " not preju-
dicing any parlic ular person in their proper
original grants or purchases upon any Of the
aforesaid harbours, coves, creeks, &c" and
also in thei act Of June, 1865, "Provided
that the extension of the said wharf with
in the limits defined by the said Council
shall not in any way effect private rights"
The four lot, last described embrace the
territory that has been rendered to the City
Council, as before related. !And trust the
day is not distant when the surface OF the
territory thus rendered, will be occupied by
that industry, in which the morals of a
community are SO essentially involved.
Whether the whaves now in ruin can
be rebuilt without new authoritative action,I
know not but that liberty to construct new
wharves must be obtained from the public
Council is questioned by no one. The
right TO build out from the shore ground
belongs to the owner Of the shore and
whenever the owner petitions for the privi-