320 WlIALE-FISHEHr. 



If a fish, "wliicli can be said to be fast, no matter 

 how slightly, were struck again, and killed by the 

 people of any other ship, excepting that of the ori- 

 ginal striker, they would not have the least claim up- 

 on the fish on account of the assistance given ; nay, 

 even if the first fast-harpoon should drop out, or the 

 line should break, an instant after another ship's peo- 

 ple had struck a harpoon, the fish would still be the 

 sole prize of the original striker. Hence, the only 

 question which is liable to be disputed, is. Whe- 

 ther the fish, at the time of being harpooned by the 

 second ship, was fast or loose ? In disputes of this 

 nature, it is the business of the original striker to 

 identify the fish in dispute, which can generally be 

 done by the wound of the harpoon ; but as he must 

 be always considered as fast, so long as his jack is 

 continued flying in the boat and ship, it becomes 

 the part of the second claimant to prove the contra- 

 ry. To prove a fish to have been loose at a certain 

 moment of time, however, is generally a matter of 

 difficulty, though every one may be convinced of the 

 fact ; for who can say, though no harpoon or line 

 was visible, that the line or harpoon was not adher- 

 ing to the fin, tail, belly, or other concealed part of 

 the fish ? 



The same law holds with a dead fish as with a 

 living one ; a dead fish being the sole and unques- 

 tionable property of the person who maintains the 

 possession 



