Reports of Cases Volume 27

Reports of Cases Volume 27

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...clauses of the charter. I think it cannot be successfully contended that it is necessary, in order to give effect to the intention of the charter, to hold that the exclusive right of fishery was given to the freemen and inhabitants of the city in and over a part of the sea shore which is not only beyond the limits of the city, but also not on the east side of the harbor: thus depriving the public of what would otherwise be their undoubted right of fishery there. Is it not rather the plain intention of the charter, that the exclusive right of fishery on the east side of the harbor was to be confined to the fisheries within the bounds of the city on the shores surrounding Parrtown? by which construction the terms of the grant would be fully satisfied, and the rights of the public who were not freemen or inhabitants of the city, to fish outside its limits would not be interfered with. In my opinion, even according to the construction of grants between subject and subject, full effect can be given to the charter by limiting the exclusive right of fishery to the shores within the bounds of the city. If it had been the intention to grant to the city the privilege now claimed, I think it would have been done by clear and unambiguous language, as is done in the 20th clause of the charter, where the three small islands lying in and near the Falls, though to the west of the city boundary, are expressly granted, and declared to be included in one of the wards of the city. After dealing with the right of fishery, the subsequent words of the 21st clause seem to me to shew that all its provisions were intended to be confined to matters which were within the city boundaries. Thus, it directs that the common lands on the east side of the harbor shall more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236826698
  • 9781236826695