SALMON-FISHERY OF SCOTLAND. 157 



right cannot, in any circumstances, be both an heritable and 

 personal right ; ergo, the right is not a legal right, or a right 

 acknowledged in law. But the right combines two rights 

 which, separately, are legal rights ; ergo, they are legal when 

 joined, upon the principle that two blacks make a white, or 

 two bad arguments one good one. But the trouts have been 

 possessed by the salmon-fishers as a pertinent of the salmon- 

 fishery, and as all pertinents are regulated by the possession, 

 their right cannot be set aside until the law be altered. But 

 a judge in Scotland can make new law, and he has ruled, that 

 fishes, like trees, are so NATUEAL a pertinent of lands, that no 

 possession is at all necessary ; ergo, the possession of the 

 salmon-fishers goes for NOTHING, and you are a dunce. The 

 logic is doubtless quite conclusive and unanswerable. 



Let us now take a look at the other side of the question. 

 Where a river itself has been granted by the Crown in pro- 

 perty, together with the salmon- fishery, there can be no doubt 

 of the grantee having a right to the whole fishes in the river, 

 on the principle we have already stated, that a right to pro- 

 perty carries a right to all that is contained in it, just as a 

 grant of land carries a right to all that is upon it ; nor is it 

 more necessary to specify the trouts in the river than the trees 

 or woods on the land. Where the Crown has granted, not the 

 river itself, but the salmon-fishings of the river with pertinents, 

 it may become a question between the grantee of the salmon- 

 fishery and the Crown to which of them the trouts belong ; 

 but the matter is wholly jus tertii to the owner of the lands, 

 who can show no right to interference in the matter. In this 

 case, the owner of the salmon-fishery claims the trouts on two 

 grounds ; first, as being included in his general grant of salmon- 

 fishing ; and next, as having been always possessed as part and 

 pertinent thereof. We shall make a few remarks on each of 

 these grounds separately. 



First. A general grant of the salmon-fishings of a river 

 must be held to include all the varieties of the salmo species in 

 the river, and the trouts, some of which, particularly the bull 

 trout, Salmo eriox, weigh more than 30 lb., are all classed by 

 Linmeus, who is the best authority on the subject, as mere 



