This  statute  does  not  enlarge  or  declare  the  law  as  to  Title  of  the

the  ownership  of  the  bed  of  the  sea  below  low  water  mark,  Grown  to  soil

'-  _  _  _  '   oelow  low

and  it  would  appear,  according  to  the  decision  of  Heff.  v.  -water  mark  as

Keyn,  that  as  no  statute  has  been  passed  so  appropriating  nftions."

it,  except  in  the  case  of  an  iminterrupted  occupation  for  a

sufficient  time  to  gain  a  title  by  prescription,  the  Crown

would  have  no  right  in  the  bed  of  the  sea  beyond  low

water  mark,  and  within  three  miles  as  against  other  nations.^

The  question  as  to  whether  the  Crown  is  entitled  to  the

ownership  of  the  soil  beneath  the  sea  within  three  mdes,

has  never  been  directly  raised  apart  from  the  question  of

jurisdiction;  and  though  it  would  appear  now  to  be  finally

settled  by  Reg.  v.  Keyn  that  the  Crown  has  no  such  rights

below  low  water  mark,  it  should  be  mentioned  that  in  the

case  of  Gammell  v.  Commissioners  of  Woods  and  Forests,^

Lord  Wensleydale,  and  apparently  Lord  Cranworth,  are

of  opinion  that  the  soil  of  the  shore  within  three  miles  is

in  the  Crown,  as  are  also  Lord  Chelmsford  and  Erie,  C.  J.,

in  Gann  v.  Free  Fishers  of  Whitstahle?

That  the  Crown  can  acquire  a  title  to  mines  below  low  As  against  a

water  mark  as  against  a  subject,  is  shown  by  the  dispute  ^""J^"'-

1  As  to  this  see  Blackpool  JPler  &  32  Vict.  u.  122,  s.  27.
T.  FyMe  Union,  46  L.  J.,  M.  C.  189,  ^  3  McQueen,  H.  L.  419.
where  the  Court  of  Common  Pleas  ^  il  C.  B.,  N.  S.  387;  11  H.  L.
