FERRY, in the law of England, is the right of carrying by boat across a river or arm of the sea, and of exacting a reasonable toll for such carriage. It belongs, like the right of fair and market, to the class of rights called in English law franchises. It3 origin must be by statute, royal grant, or prescription. It is wholly unconnected with the ownership or occupation of land, so that the owner of the ferry need not be proprietor of the soil on either side of the water over which the right is exercised. He is bound to maintain safe and suitable boats ready for the use of the public, and to employ fit persons as ferrymen. As a correlative of this duty he has a right of action, not only against those who evade or refuse payment of toll when it is due, but against those also who disturb his franchise by setting up a new ferry, so as to diminish his custom. In Scotland the law is similar. There ferries are either public or private. Public ferries are under the management of the trustees of the roads connected with them, or of the justices of the peace of the county, or are regulated by special Acts of Parliament. Private ferries are those which have been granted by the crown to private individuals. They are acquired either by direct grant or by prescription. A new ferry calculated to affect the old one injuriously is illegal in Scotland as in England. A neighbouring proprietor may make use of his boats to transport himself, his family, servants, visitors, and workmen, but he may not carry other persons, even gratuitously.
[280 words — estimated reading time: 2 minutes]
