1 N.C. 181 | N.C. | 1817
This case does not call for an opinion as to the right of every citizen to fish in an arm of the ⅞€3, but only as to the right of taking oysters within the pounds of another’s patent although between the high and low water marks. These rocks form, in many instances, a part of the permanent value of the freehold, become the source Of profit to the owner by converting the shells into lime, and are sometimes the foundation of lucrative establishments, of which Shell Castle is an instance. The right of taking fish in the sea, or the arms thereof, belongs to every one as a common of Piscary ; but even this may be restrained, where an individual hath gained exclusive property.
The rocks and marshes in the Sound, which are covered with water at flood tides and bare «rhpn the tides ebb, are subject to the operation of th$
I do not see any inconvenience the public can sustain in permitting the place mentioned in the present case, , . ■ ™ ... , . be patented. 1 ne navigation is not, nor cannot be ob-strutted, by works or fixtures which the Plaintiff may place upon it.
Gn the second point, I am of opiniop, the charge of the Court, as to the grounds upon which the jury should assess the damages, was correct.
Hale, de Jure Maris, 11.
Ibid 43.
Hale de Jure Maris, 12
Bagott Orr, 2 Bos. & Pul. 479
Ba Ab.Prerogative, B 3.
4 Bac Ab. 499 (Gwill. edit.) Batture case.
Livingston v. Jefferson, Law Journal
1 Hayw. 489.
Seawell, J. gave no opinion.