GRANTS OF LAND. 127 



same carries the land to the centre, the same precisely as if 

 bounded on a public highway. If the conveyance bounds by 

 the side of the way, as the "east side" or "west side," no 

 part of the way passes. 



In the language of the supreme court, we find that whether 

 any grant extends to the side line or the centre line of a high- 

 way or stream of water, is doubtless a question of construc- 

 tion in each particular case, and depends, as in all other cases, 

 upon the intent of the parties as expressed in the descriptive 

 parts of the deed, explained and illustrated b}^ all the other 

 parts of the conveyance, and by the localities and subject- 

 matter to which it applies. The o^Tier of land by the side 

 of a highway, and under it, to the centre thereof, may of 

 course, by using apt words, limit his grant to the edge of the 

 highwa;^ , and retain his title in the fee of the soil over which the 

 highway runs. But in the absence of words clearly manifest- 

 ing an intent so to do, the law presumes that he did not intend 

 to reserve the title in a strip of land not capable of any sub- 

 stantial or beneficial use by him, after having parted with the 

 land bv the side of it, while the hisrhwav remains, nor ordi- 

 narily of any considerable value to him, if the way should be 

 discontinued ; and the ownership by him might greatly em- 

 barrass the use or disposal, by his grantee, of the estate 

 granted. 



And the same construction is given to the words " by," 

 "on," and "upon," when used in defining the boundaries of 

 land bordering on " streams of water," as when used with 

 reference to boundaries on " ways." The centre of the stream 

 has been held to be the true boundary line of land conveyed 

 by a deed describing it as bounded on said stream, and where 

 there has been an " artificial pond " created, the thread of 

 which continues to be apparent through the pond, a deed 

 bounding " by the pond " conveys the land to the thread of 

 the stream. , 



If an " island " gradually arises above the surface in a river, 

 and becomes valuable for use as land, and it is so situated that 

 it is partly on one side and partly on the other side of the 

 thread of the river, it shall be divided by that line which was 

 the thread of the river immediately before the rise of the 

 island, and in that manner be held in severalty by the adjacent 



