FORELAND, NORTH and SOUTH, two chalk headlands on the Kent coast of
England, overlooking the Strait of Dover, the North Foreland forming the
eastern projection of the Isle of Thanet, and the South standing 3 m.
N.E. of Dover. Both present bold cliffs to the sea, and command
beautiful views over the strait. On the North Foreland (51 deg. 22-1/2'
N., 1 deg. 27' E.) there is a lighthouse, and on the South Foreland (51
deg. 8-1/2' N., 1 deg. 23' E.) there are two. There is also a Foreland
on the north coast of Devonshire, 2-1/2 m. N.E. of Lynmouth, a fine
projection of the highlands of Exmoor Forest, overlooking the Bristol
Channel, and forming the most northerly point of the county.
FORESHORE, that part of the seashore which lies between high- and
low-water mark at ordinary tides. In the United Kingdom it is ordinarily
and prima facie vested in the crown, except where it may be vested in a
subject by ancient grant or charter from the crown, or by prescription.
Although numerous decisions, dating from 1795, have confirmed the prima
facie title of the crown, S.A. Moore in his _History of the Foreshore_
contends that the presumption is in favour of the subject rather than of
the crown. But a subject can establish a title by proving an express
grant from the crown or giving sufficient evidence of user from which a
grant may be presumed. The chief acts showing title to foreshore are,
taking wreck or royal fish, right of fishing, mining, digging and taking
sand, seaweed, &c., embanking and enclosing. There is a public right of
user in that part of the foreshore which belongs to the crown, for the
purpose of navigation or fishery, but there is no right of passage over
lands adjacent to the shore, except by a particular custom. So that, in
order to make the right available, there must be a highway or other
public land giving access to the foreshore. Thus it has been held that
the public have no legal right to trespass on land above high-water mark
for the purpose of bathing in the sea, though if they can get to it they
may bathe there (_Blundell_ v. _Catteral_, 1821, 5 B. & Ad. 268). There
is no right in the public to take sand, shells or seaweed from the
shore, nor, except in certain places by local custom, have fishermen the
right to use the foreshore or the soil above it for drawing up their
boats, or for drying their nets or similar purposes.
See S.A. Moore, _History of the Foreshore and the Law relating
thereto_ (1888); Coulson and Forbes, _Law of Waters_ (1902).
FORESTALLING, in English criminal law, the offence of buying
merchandise, victual, &c., coming to market, or making any bargain for
buying the same, before they shall be in the market ready to be sold, or
making any motion for enhancing the price, or dissuading any person from
coming to market or forbearing to bring any of the things to market, &c.
See ENGROSSING.
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