fishery 音标拼音: [f'ɪʃɚi]
n . 渔业
渔业
fishery n 1 :
a workplace where fish are caught and processed and sold [
synonym : {
fishery }, {
piscary }]
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 ]
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 .
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