Island

a naturally-formed area of land surrounded by water, which is above the level of mean high water; (b) 'Low-tide elevation' means a naturally-formed area of land surrounded by water at mean lower low water, which is above the level of mean lower low water but not above the level of mean high water

A body of land surrounded by water. The title to islands in navigable waters is in the state (53 Am. Rep. 215); but an island in private waters belongs to the owners of the nearest mainland, unless otherwise appropriated (9 Cush. [Mass.] 548).

A piece of land sur-/ter of fact. This issue is to be tried rounded by water. Islands are in! by a jury. Issues in fact are genethe sea or in rivers. Those in) ral or special. tho sea are either in the open sea,) ISSUE IN LAW, pleading, or within the boundary of some’! takes place when one of the parties country. When new islands arise, demurs to the pleadings of the other, in the open sea, they belong to the: and there is a joinder in the demurfirst occupant; when they are newly rer; in such case the facts being formed so near the shore as to be admitted, the court decide the law of within the boundary of some state, the case, which is the matter in disthey belong to that state. Islands pute between the parties. which arise in rivers when in the ISSUE, SPECIAL, pleading. middle of the stream, belong in equal “When the defendant takes issue upparts to the riparian proprietors; on any one substantial part of the when they arise mostly on one side, declaration, and rests the weight of they will belong to the riparian ow- his cause upon it, he is said to take ners up to the middle of the stream. a special issue, in contradiction to Bract. lib. 2, c. 2; Fleta, lib. 3, c. the general issue, which denies and