LAWS OF THE FISHERY. 319 



knowledgetl, by their being imivcrsally respected. 

 The fundamental articles are two. 



First, That a fast-fish, or a fish in any way in pos- 

 session, whether alive or dead, is the sole and un- 

 questionable property of the persons so maintain- 

 ing the connection or possession ; and, secondly, 

 That a loose fish, alive or dead, is fair game. 



The first of these regulations is founded in equity, 

 and needs no modification ; but the second can on- 

 ly be recommended for its simplicity, as it some- 

 times decides contrary to the apparent principle of 

 right. Its simplicity, however, must be considered 

 as of gTeat moment, when its frequent application 

 in the whale-fishery is known ; because, from this 

 excellence, it is so readily understood, that it has a 

 tendency to prevent a great deal of litigation, to 

 which a more limited and modified construction 

 might render it liable. 



1 . Under the first law, whenever a fish is struck, 

 it becomes the solo indisputable property of the 

 people by whom it was struck, and it remains their 

 property so long as they retain their connection 

 with it, through the medium of their lines and 

 har|)oons ; but whenever the continuity of the line 

 is broken, no matter by what means, the fish is 

 esteemed loose. 



When a fish is struck, and the harpoon draws 

 out, if cither the line or the harpoon were only to 

 lie across its back, the fish would still be considered 

 as fast. 



