224 THE SALMON 



decided in recent years. Nor, again, can the public 

 acquire such right by user during any length of time. 



There is a prima facie private right to fish for 

 salmon in all waters where no public right exists. 

 Many distinctions have been drawn in English law 

 between the different kinds of private rights of 

 fishing, and much confusion has been caused thereby 

 in the past ; but the better and more recent opinion 

 as expressed by Willes J. in the case of Malcolmson 

 v. O'Dea, 10 H. L. C. 593, seems to be that for 

 practical purposes there are only two kinds of 

 private rights to be distinguished, viz. (1) a Several, 

 (2) a Common of Fishery, and of these the former is 

 by far the more important. 



A Several Fishery is an exclusive individual right 

 of fishing prima facie existing (a) in all non-navigable 

 rivers, (I?) in all non-navigable rivers above the tide- 

 way, and (c) in rivers made navigable by statute. It 

 may exist in navigable rivers below the tide-way, in 

 the sea and in estuaries under a grant or charter, 

 actual or presumptive, from the Crown made before 

 Magna Charta. A grant, however, which has been 

 created before that time, and has been resumed by 

 the Crown for forfeiture or otherwise, can be re- 

 granted by the Crown ; and a grant subsequent to 

 Magna Charta, coupled with proof of long enjoyment, 



