
    JONESBOROUGH:
    JUNE TERM, 1833.
    Allen vs. Farnsworth.
    The State has a right to establish femes whenever the legislature may deem them necessary for the easement of the citizens.
    The right of eminent domain, by which the State is authorized to take private property for public use, when the necessities of the country require, is an inherent right of every government.
    A ferry may be established, and a keeper be appointed, without any regard to the ownership of the soil, should the legislature so direct.
    Under the present laws, the franchise, or right to keep the ferry, is conferred upon the owner of the soil in preference to one having no interest therein, and vests in him the profits arising therefrom.
    Although a man may own the land above and below the ferry, yet, if he does not own the bank at the ferry on either side, he is not entitled to have a ferry under our acts of assembly, in preference to the owner of the bank; and an order of the county court, appointing him keeper, may be rescinded upon petition of the owner of the soil, and such owner be substituted in his place.
    The petitioner below, Mrs. Farnsworth and her predecessors, who were "owners of the land she occupies, have kept a ferry across the Nólichucky river for many years, without having it established by an order of court as a public ferry; but the boat being out of'repair, some months elapsed during which no ferry was kept. During this time, Mr. Allen, who is the owner of the land on one side of the river, both above and below the ferry, petitioned*for and obtained an order establishing a public ferry, and appointing him the keeper, at the place where Mr. Baker, father to Mrs. Farnsworth, had kept a ferry. Mrs. Farnsworth is the owner of the tract of land on one side of the river, and is also the owner of a quarter of an acre of land, including the ferry landing, on the other side. Her petition prays the rescisión of the order appointing Allen the keeper of the ferry, and that she be appointed to keep the same. The county court refused to rescind the order appointing Allen, but made an order establishing another ferry, which the petitioner was authorized to keep. An appeal was taken to the circuit court, where the decision of the county court was reversed, and the order appointing Allen rescinded, from which judgment Allen appealed to this court.
    
      J. A, M’Kinney, for plaintiff in error.
    
      R. J. JIT Kinney, for defendant in error.
   Green J.

delivered the opinion of the court.

There is no doubt but that the State has a right to establish ferries whenever the legislature may deem them necessary for the easement of its citizens. This right of eminent domain, by which the State is authorized to take private property for public use, when the necessities of the country require it, is necessarily inherent in every government. It would follow, from the existence of this right, that a ferry might be established, and a keeper who is a servant of the public, might be appointed, without any regard to his ownership of the land, should the legislature so direct. But in exercising this right of eminent .domain, the legislature has, wisely, had regard to the rights of the citizen; and although it requires that he relinquish his property for public use, yet in the case of ferries, it confers on him the franchise of keeper in preference to others, and vests in him the profits resulting from the ferry. This is the spirit of all our acts upon the subject. The act of 1807, ch. 25, authorizes the county court to grant to the owners of land on any river, a ferry, when it may be thought necessary. It also provides, that when different persons own land on opposite sides of the stream, a ferry may be authorized to be kept by each owner. Mrs. Farnsworth is the owner on both sides the stream. She is entitled, therefore, to keep the ferry in preference to any other person. Although Allen owns the land on one side, above and below the ferry, yet, as he is not the owner of the bank at the ferry on either side, he is not within the provisions of the second section of the act of 1807, ch. 25. The county court erred, therefore, in permitting him to continue his ferry after Mrs. Farnsworth applied for one, and was ready to undertake the responsibility of keeper. There is no error in the judgment of the circuit court, which will be affirmed.

Judgment affirmed.  