Fishery

3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Fishery \Fish"er*y\, n.; pl. {Fisheries}.
     1. The business or practice of catching fish; fishing.
        --Addison.
        [1913 Webster]
  
     2. A place for catching fish.


        [1913 Webster]
  
     3. (Law) The right to take fish at a certain place, or in
        particular waters. --Abbott.
        [1913 Webster]

From WordNet (r) 2.0 [wn]:

  fishery
       n : a workplace where fish are caught and processed and sold
           [syn: {piscary}]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  FISHERY, estates. A place prepared for catching fish with nets or hooks. 
  This term is commonly applied to the place of drawing a seine, or net. 1 
  Whart. R. 131, 2. 
       2. The right of fishery is to be considered as to tide or navigable 
  waters, and to rivers not navigable. A river where the tide ebbs and flows 
  is considered an arm of the sea. By the common law of England every 
  navigable river within the realm as far as the sea ebbs and flows is deemed 
  a royal river, and the fisheries therein as belonging to the crown by 
  prerogative, yet capable of being granted to a subject to be held or 
  disposed of as private property. The profit of such fisheries, however, when 
  retained by the crown, is not commonly taken and appropriated by the king, 
  unless of extraordinary value, but left free to all the people. Dav. Rep. 
  155; 7 Co. 16, a: Plowd, 154, a. Within the tide waters of navigable rivers 
  in some of the United States, private or several fisheries were established, 
  during the colonial state, and are still held and enjoyed as such, as in the 
  Delaware. 1 Whart. 145, 5; 1 Baldw. Rep. 76. On the high seas the right of 
  fishing jure gentium is common to all persons, as a general rule. In. 
  rivers, not navigable, that is, where there is no flux or reflux of the 
  tide, the right of fishing is incident to the owner of the soil, over which 
  the water passes, and to the riparian proprietors, when a stream is owned by 
  two or more. 6 Cowen's R. 369; 5 Mason's R. 191; 4 Pick. R. 145; 5 Pick. R. 
  199. The rule, that the right of fishery, within his territorial limits, 
  belongs exclusively to the riparian owner, extends alike to great and small 
  streams. The owners of farms adjoining the Connecticut river, above the 
  flowing of the tide, have the exclusive right of fishing opposite their 
  farms, to the middle of the river although the public have an easement in 
  the river as a public highway, for passing and repassing with every kind of 
  water craft. 2 Conn. R. 481. The right of fishery may exist, not only in the 
  owner of the soil or the riparian proprietor, but also in another who has 
  acquired it by grant or otherwise. Co. Litt. l22 a, n. 7; Schul. Aq. R. 40 
  41; Ang. W. C. 184; sed vide 2 Salk. 637. 
       3. Fisheries have been divided into: 1. Several fisheries. A several 
  fishery  is one to which the party claiming it has the right of fishing, 
  independently of all others, as that no person can have a coextensive right 
  with him in the object claimed, but a partial and independent right in 
  another, or a limited liberty, does not derogate from the right of the 
  owner. 5 Burr. 2814. A several fishery, as its name imports, is an exclusive 
  property; this, however, is not to be understood as depriving the 
  territorial owner of his right to a several fishery, when he grants to 
  another person permission to fish; for he would continue to be the several 
  proprietor, although he should suffer a stranger to hold a coextensive right 
  with himself. Woolr. on Wat. 96. 
       4.-2. Free fisheries. A free fishery is said to be a franchise in the 
  hands of a subject, existing by grant or prescription, distinct from an 
  ownership in the soil. It is an exclusive right, and applies to a public 
  navigable river, without any right in the soil. 3 Kent, Com. 329. Mr. 
  Woolrych says, that sometimes a free fishery is confounded with a several, 
  sometimes it is said to be synonymous with common, and again treated as 
  distinct from either. Law of Waters, &c. 97. 
       5.-3. Common of Fishery. A common of fishery is not an exclusive 
  right, but one enjoyed in common with certain other persons. 3 Kent, Com. 
  329. A distinction has been made between a common fishery, (commune 
  piscarium,) which may mean for all mankind, as in the sea, and a common of 
  fishery, (communium piscariae,) which is a right, in common with certain 
  other persons, in a particular stream. 8 Taunt. R. 183. Mr. Angell seems to 
  think that common of fishery and free fishery, are convertible terms, Law of 
  Water Courses, c. 6., s. 3, 4. 
       6. These distinctions in relation to several, free, and common of, 
  fishery, are not strongly marked, and the lines are sometimes scarcely 
  perceptible. "Instead of going into the black letter books, to learn what 
  was a fishery, and a free fishery, and a several fishery," says Huston, J., 
  "I am disposed to regard our own acts, even though differing, from old 
  feudal times." 1 Whart. R. 132. See 14 Mus. R. 488; 2 Bl. Com. 39, 40; 7 
  Pick. R. 79. Vide, generally, Ang. Wat. Co.; Index, h. t; Woolr. on Wat. 
  Index, h. t; Schul. Aq. R. Index, h. t; 2 Rill. Ab. ch. 18, p. 1,63; Dane's 
  Ab. h. t; Bac. Ab. Prerogative, B 3; 12 John. R. 425; 14 John. R. 255 14 
  Wend. R. 42; 10 Mass., R. 212; 13 Mass. R. 477; 20 John. R. 98; 2 John. It. 
  170; 6 Cowen, R. 369; 1 Wend. R. 237; 3 Greenl. R. 269; 3 N. H. Rep. 321; 1 
  Pick. R. 180; 2 Conn. R. 481; 1 Halst. 1; 5 Harr. and Johns. 195; 4 Mass. R. 
  527; and the articles Arm of the sea; Creek; Navigable River; Tide.