284 FISHES AND FISHING. 



plea said such angling was for recreation, and not for 

 profit. 



Lord Campbell decided, that as the plea was, that 

 such angling was not for profit, it was bad. So that 

 the demurrer stands good against the plea. !N"ow 

 without knowing any thing of this case, or pretend 

 ing to give a dictum as to the law, the common-sense 

 of the matter appears to be, that the inhabitants of 

 Leatherhead should have pleaded a prescriptive right, 

 by immemorial custom, to angle with rods and lines 

 from that towing path, and there have stopped : no 

 person goes out to angle without expecting and hop 

 ing to take fish ; and if any parties have, by imme 

 morial custom, a right to angle in a particular spot, 

 they are not accountable to any person whatsoever as to 

 what they do with the fish they may catch, whether 

 they give them away, sell them, or cook them. If 

 they be entitled to angle, they are also entitled to do 

 what they will with the results of their sport. The 

 fish were in a state of ferae naturae, and become 

 the absolute acquired property of him who can catch 

 them ; and every angler does fish for the acquirement 

 of that which he has not, and therefore fishes for 

 profit. 



A result of this case was, that Charles Lipscomb, 

 a labourer at Leatherhead, applied to be discharged 

 from prison ; he was opposed by N". Bland, Esq., of 



