And while the public, the state of the water admitting, has the right to fish in the water, covering the shore between high and low water, it has no right to drive stakes in the soil for the purpose of fastening either its boats, or its fish traps, or other fixtures to fish there

The owner of flats which adjoin a navigable stream, and over which the tide ebbs and flows, may maintain trespass against one who, without his consent, enters, drives stakes, and moors his boats there, and occupies the soil in drawing in seines and nets, so as to interfere with the plaintiff's rights therein.

This and the dredging of the soil of the plaintiffs certainly are more than a privilege of sufferance.

Property in Game.'But the fisherman may not go upon the bank nor thrust stakes into the land between high and low-water mark.

[BOOK] The rule against perpetuities

[CITATION] Waters of the State

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