A place prepared for catching fish with nets or hooks. This is commonly applied to the place of drawing a seine or net Hart v. Hill, 1 Whart. (Pa.) 131, 132.
A right or liberty of taking fish; a species of incorporeal hereditament anciently termed “piscary,” of which there are several kinds. 2 Bl. Comm. 34, 39 ; 3 Kent Comm. 409-418; Arnold v. Mundy, 6 N. J. Law, 22, 10 Am. Dec. 356; Gould v. James, 6 Cow. (N. Y.) 376; Hart v. Hill, 1 Whart. (Pa.) 121. Common fishery. A fishing ground where all persons have a right to take fish. Bennett v. Costar, 8 Taunt. 183; Albright v. Park Com’n, 68 N. J. Law, 523, 53 Atl. 612. Not to be confounded with “common of fishery,” as to which see COMMON, n. Fishery laws A series of statutes passed in England for the regulation of fishing, especially to prevent the destruction of fish during the breeding season, and of small fish, spawn, etc.. and the employment of improper modes oz taking fish. 3 Steph. Comm. 165. Free fishery. 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, Comm. 410. Arnold v. Mundy, 6 N. J. Law, 87, 10 Am. Dec. 356. See Albright v. Sussex County Lake A Park Com’n, 68 N. J. Law, 523, 53 Atl. 612; Brookhaven v. Strong, 60 N. Y. 64. Right of fishery. The general and common right of the citizens to take fish from public waters, such as the sea, great lakes, etc. Shively v. Bowlby, 152 U. S. 1, 14 Sup. Ct 548, 38 L. Ed. 331. Several fishery. A fishery of which the owner is also the owner of the soil, or derives his right from the owner of the soil. 2 Bl. Comm. 39, 40; 1 Steph. Comm. 671, note. And see Freary v. Cooke, 14 Mass. 489; Brookhaven v. Strong, 60 N. Y. 04; Holford v. Bailey, S Q. B. 1018.