Oysters - Definition - Law Dictionary Home Dictionary Definition oysters

Definition :

Oysters. Stealing oysters from oyster beds properly marked out is felony and punishable as simple larceny, i.e., by penal servitude up to three years, or imprisonment up to three years, and, if a male under 16, with or without whipping. Dredging or netting for oysters in a bed is a misdemeanour punishable by imprisonment up to three months, with or without hard labour. See (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), s. 26.

Oyster beds are protected by Part III. of the (English) Sea Fisheries Act, 1868 (31 & 32 Vict. c. 45), and a close time for oysters is provided by the Sea (English) Fisheries (Oyster, Crab, and Lobster) Act, 1877 (40 & 41 Vict. c. 42), being between 15th June and 4th August for 'deep sea oysters,' and between 14th May and 4th August for other oysters. See Chitty's Statutes, tit. 'Fish (Sea),'

Oysters are included in the term sea-fish; see (English) Sea-Fishing Industry Act, 1933 (23 & 24 Geo. 5, c. 45).

An action in rem will lie for damage caused by the negligent grounding of a ship on an oyster bed (The Swift, 1901, P. 168), and a claim will lie for damage caused by the discharge of a sewer causing conta-mination, Foster v. Warblington U.D.C., (1906) 1 KB 648.