Reports of Cases Heard And Determined in the Appellate Division ..., volume 85
Reports of Cases Heard And Determined in the Appellate Division ..., volume 85
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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[N. S.] 425.) The soil of navigable tidal rivers, so far as the tide ebbs and flows, was prima facie in the crown, and the right of fishery therein was. prima facie in the public. But the right to exclude the public therefrom and to create a several fishery without grant of the land existed in the crown and might lawfully have been exercised by tha crown before Magna Charta and could be made the subject of a grant by the crown to a private individual. (MoLcomeon v. G*Dea^ 10 H. L. Cas. 593.) No...twithstanding Magna Charta the king still retained the right to grant the soil under navigable waters and with it the exclusive right of fishery. And this right exercised through the colonial governor and assembly has been recognized by our courts in confirming the title of the town of Brookhaven and other towns on Long Island to the exclusive right of fishery even in an arm of the sea. (Truetees of Brookhaveti v. Strong^ 60 N. Y. 56 ; Hand v. Newton^ 92 id. 88 ; Rogers v. Jonea^ 1 Wend. 237 ; EoUns V.
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