Truro Corporation v Rowe
| Jurisdiction | England & Wales |
| Year | 1902 |
| Date | 1902 |
| Court | Court of Appeal |
Fishery - Oysters - Depositing Oysters on Foreshore for purpose of Storage - Incident of Public Right of Fishing - Municipal Corporation - Power to acquire Lease of Foreshore -
The oysters in an oyster fishery were when freshly dredged unfit for consumption by reason of their being contaminated with impurities in the water, and the defendant, a fisherman, after dredging deposited his oysters in a particular portion of the foreshore indicated by boundary marks and left them there until they were ready for market:—
Held, that the defendant had no right, as incidental to the exercise by him of the public right of fishing, to appropriate a portion of the foreshore for the storage of his oysters to the exclusion of the rest of the public.
Where a municipal corporation, empowered by charter to hold lands, tenements and hereditaments, and goods and chattels, has obtained an order from the Board of Trade conferring a right of regulating an oyster fishery under the Sea Fisheries Act, 1868, it may lawfully take a lease of the foreshore of the fishery to enable it to carry out the purposes of the order.
APPEAL from a decision of Wills J. on further consideration after trial before a jury, reported [
The plaintiffs were an ancient corporation incorporated by Royal Charter, and by a charter of 31 Eliz., confirming earlier charters, power was given to the plaintiffs “to hold, purchase, receive, and possess lands, tenements …. and hereditaments of what kind or nature soever they may be to them and their successors in fee and perpetuity, and also goods and chattels and other things of what nature or kind soever they may be.”
By an order of the Board of Trade made under the Sea Fisheries Act, 1868, and confirmed by the
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Rodnall Ltd v Ludbrook
...this office on short appointment. 2. No, a licence in mortmain is not necessary in the case of land held under a short lease - see Truro Corporation v. Rowe (1902) 2 KB 709, quoted with approval in the 1949 Edition of Halsbury Vol. 5 page 936. See also Tudor on Charities (5th Edition) page......
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Attorney General v Parsons
...8 at p. 83 note (g). These citations span a long period—from the Year Book 3 Edw. 4 to Truro Corporation v. Rowe [1901] 2 K.B. 870 & [1902] 2 K.B. 709—and, despite differences as to the effect of the Act of 1888, both of the standard works to which I have just referred seem at one in acce......
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Hunter v Canary Wharf Ltd
...the plaintiff would have a right of action, and I do not think that this case can be governed by the decision in the case of Corporation of Truro v. Rowe. There the contest arose between the owners of the foreshore and a person who claimed simply to be availing himself of a public right of ......
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Morelle Ltd v Wakeling
...assurances in mortmain, there has been none upon the relevant terms of the Act of 1888, except the case before Mr. Justice Wills of Truro Corporation v. Rowe, 1901, 2 King's Bench, page 870, which is not binding on this Court and which was criticised in the current Second Edition of Halsbur......