acquired a property in those articles; and hence anybody who afterwards
took the fish had a right to them. Now the defendants afterwards took
the fish; ergo, the aforesaid articles were theirs.
A common man looking at this decision of the very learned Judge, might
possibly object to it. But ploughed up to the primary rock of the
matter, the two great principles laid down in the twin whaling laws
previously quoted, and applied and elucidated by Lord Ellenborough in
the above cited case; these two laws touching Fast-Fish and Loose-Fish,
I say, will, on reflection, be found the fundamentals of all human
jurisprudence; for notwithstanding its complicated tracery of sculpture,
the Temple of the Law, like the Temple of the Philistines, has but two
props to stand on.
Is it not a saying in every one's mouth, Possession is half of the law:
that is, regardless of how the thing came into possession? But often
possession is the whole of the law. What are the sinews and souls of
Page annotations:
Add a page annotation: