which a riparian owner has to a navigable river for the purposes of exercising the public right of navigation, is an injury to a right of property, and actionable without proof of special damage, and may be restrained by injunction.1 It is a question of fact in each case, whether an obstruction in a river amounts to an interference with the right of access to a river frontage.2 3 An action will lie for the breaking and entering a Fishery. several or a free fishery. The owner of a several fishery may maintain trespass for taking his fish, but the owner of a free fishery has not such a property as to enable him to maintain trespass for taking fish, such fish not being his property until caught.* The obstruction of the passage of fish, as by weirs, is actionable by the owner of a fishery prejudiced thereby." The pollution of a river, which has the effect of killing or driving away fish, may be restrained by injunction." In a case where a man, by making an embankment and enclosing the bed of a river, shut out and prevented the tide from reaching a mussel bed and breeding ground, the Court granted an injunction to restrain this encroachment on the principle of irreparable damage to the fishery, without entering on or deciding the question as to the right of ownership in the soil." 1 Lyon v. Fishmongers' Co., 1 App. C. 662; Rose v. Groves, 5 M. & G. 613; Dobson v. Blackmore, 9 Q. B. 991; Hubert v. Groves, 1 Esp. N. P. C. 148; Fineux v. Hoveden, Cro. Eliz. 664. 2 Bell v. Corporation of Quebec, 41 L. T., N. S. 451 (P. C.). 3 Holford v. Bailey, 13 Q. B. 426. Blomfield v. Johnson, Ir. R., 8 C. L. 68; Child v. Greenhill, Cro. Car. 553; Gipps v. Woollicott, Skin. 577; Upton v. Dawkins, 3 Mod. 97. 5 Weld v. Hornby, 7 East, 195; Marquis of Donegal v. Hamilton, 3 Ridg. P. Č. 267; Leconfield v. Lonsdale, L. R., 5 C. P. 726, per Bovill, C. J. 6 A.-G. v. Birmingham, 4 K. & Bridges v. Highton, 11 L. T., APPENDIX. RULES AND BYE-LAWS FOR THE REGULATION OF I. Bye-laws framed under an Order in Council of 5th February, 1872. 1. All bye-laws, rules, and orders for the regulation, management Former byeand improvement of the river Thames and the navigation thereof, laws repealed. and for compelling vessels at anchor or otherwise to carry or exhibit lights from sunset to sunrise, and for the government, good order and regulation of vessels in or upon the said river, and of persons navigating the same, or using the towing-paths, piers, landing-places, or any of the locks thereof, also for the mooring of timber, and for the government and regulation of the officers, servants and workmen in their employment, except the bye-laws for regulating the fisheries of the 4th October, 1785, the 23rd of January, 1860, and the Upper Thames bye-laws, 1869, shall, after these present bye-laws shall have been allowed by order of her Majesty in Council, be and the same are hereby repealed. 2. That in the following bye-laws the words and expressions Interpretation hereinafter mentioned shall have the several meanings hereby clause. assigned to them, unless there be something in the subject or con text repugnant to such construction. The word "person" shall include corporations, whether aggregate or sole. The word "horse" shall include all draught animals. The word "vessel" shall mean any ship, lighter, bargo, boat, wherry, punt, raft, or craft, and any kind of vessel whatever, whether navigated by steam or otherwise. The word "collier" shall mean any vessel, the cargo of which shall consist of coal. The word "station" shall mean any section, berth, or station for mooring or anchoring of vessels. The word "master," when used in relation to any vessel, shall mean any person, whether the owner or not, lawfully or wrongfully, having or taking the command, charge or management of the vessel for the time being. The word "harbour-master" shall be taken to mean and shall apply to each of the harbour-masters and the deputy harbourmaster, and to any person authorized by the Conservators to assist them or to perform the duties of the said harbour-masters during the absence of any of them from any cause whatsoever. The word "river Thames" or "river" shall, mean so much of 3. The harbour-master shall provide as far as practicable accommodation between London Bridge and Irongate Stairs for vessels passing up and down the river, maintaining as far as practicable a navigable passage of not less than two hundred feet. 4. The harbour-master shall provide and maintain as far as practicable for vessels passing up and down the said river between Irongate Stairs and Barking Creek a navigable passage of not less than three hundred feet, and where the navigable passage shall be between a tier of vessels and the shore the space hereby allotted for any such passage shall be reckoned from the vessel in such tier which shall be nearest to the said shore to the low-water mark on the said shore, and in all parts of the river where the navigable passage shall be in the stream between tiers of vessels the space allotted for the navigable passage shall be reckoned from the vessel in each of the said tiers nearest to the other or opposite tier. 5. The several tiers used by colliers shall be placed as near to the respective shores of the river as the depth of the water will permit, and no more colliers or vessels shall be moored and distributed thereat at the same time than the number hereinafter respectively specified and allotted, that is to say ON THE SOUTH SIDE OF THE RIVER. At all the said tiers or stations hereinbefore mentioned not more than one half of the said number of vessels so allotted and specified shall be moored with their heads up the river, nor more than one half of the said number of vessels with their heads down the river. 6. No more vessels shall be placed or permitted to remain at or in the several stations for colliers below Blackwall, at one time, moored at the than the number herein respectively specified, (that is to say)— Number of colliers to be several sta tions. ON THE SOUTH SIDE OF THE RIVER. Station No. 1, from Blackwall Point to the Charlton Ferry Bugsby's Hole Station No. 2, Galleons. Seventy-five vessels. 7. No vessel shall, under any circumstances, without an order or No vessel to consent for that purpose first had and obtained from the harbour- remain longer master, remain in any of the tiers in the said river for a longer than fifteen period than fifteen days next after such vessel shall have entered days. any such tier, exclusive of the day of entering the same. tide. 8. Every vessel admitted into any tier in any part of the river Vessels to shall go out and remove from such tier at the next succeeding flood- remove from tide after its cargo shall have been discharged, and shall forthwith tiers at the proceed to such station as shall be for that purpose appointed by the next flood harbour-master, who is hereby authorized and required in case of any such vessel not being so removed within the time aforesaid, to remove the same from such tier, and to take and place the same in such part of the river as shall be by him for that purpose deemed fit; and the expenses of so removing and placing such vessel shall be recoverable from the owner or owners of the said vessel, or from the master thereof, to the use of the Conservators, as provided by the Thames Conservancy Act, 1857. 9. No vessel shall lie at, be placed, made fast, or moored in any No vessel to of the in-shore passages or ferries or upon the banks or shores of be moored in the river, so as to prevent the free transit of any other vessel. And in-shore it shall be lawful for the harbour-master forthwith to unmoor and passages or ferries, so as remove, or cause to be unmoored and removed, any vessel so to obstruct. placed, made fast, or moored, and the amount of the charges and expenses of such unmooring and removal shall be recoverable from the owner or owners, or from the master of the said vessel, to the use of the said Conservators, as provided by the Thames Conservancy Act, 1857. between the tiers or in the water-way. For removal 10. No vessel shall be anchored, moored, or placed between the No vessel to tiers herein before mentioned, or outside the stations hereinbefore be anchored mentioned, or in any part of the navigable water-way of the river, otherwise than by the order and direction of the harbour-master. 11. The harbour-master may give notice for the removal, within a time to be in the said notice specified, of any vessel which of vessels enshall at any time be so moored, anchored, or placed in any part of croaching the river, as in his opinion shall encroach upon the free navigation upon the of the river, to such other place as such harbour-master in his dis- passage. cretion shall see fit, such notice to be given to the master of such vessel, or in case there shall be no person on board the said vessel, then such notice to be affixed and left affixed to some conspicuous part of such vessel, and in case the same shall not be removed in accordance with the said notice before the expiration of such time, the harbour-master is hereby authorized to remove or cause to be removed any such vessel, and the amount of the charges and expenses of such removal shall be recoverable from the owner or owners, or from the master of the said vessel, to the use of the Conservators as provided for by the Thames Conservancy Act, 1857. removed. 12. No vessel shall be brought up, stopped or placed so as to en- Vessels obcroach upon or obstruct the free navigation of or passage on the structing river, nor on any vessel going into any of the said tiers, or quitting passage to be the same and getting into the stream of the fair way of the river, shall any anchor be let go therefrom (except for the purpose of navigating such vessel), and no part of the cargo of any vessel and no ballast shall be discharged or taken in whilst the same is lying in the stream of the fair way of the river, and the harbour-master |