16 



and that here a prescription was proved, and 

 therefore a verdict very properly found for 

 the plaintiff; which, on a subsequent applica- 

 tion for a new trial, the court refused to dis- 

 turb. 



But Lord Mansfield in delivering his judg- 

 ment in that case states, 



" In rivers not navigable, the proprietors of 

 land have the right of fishery on their respec- 

 tive sides, and it generally extends, " ad filum 

 medium aquae." 



" But in navigable rivers, the proprietors 

 of land on each side have it not ; the fishery is 

 common ; it is prima facie in the King, and is 

 public." 



" If any one claim it exclusively, he must 

 show a right. If he can show a right by pre- 

 scription, he may then exercise an exclusive 

 right, though the presumption is against him, un- 

 less he can prove such a prescriptive right." 



" Here it is claimed, and found : it is there- 

 fore consistent with all the cases, that he may 

 have an exclusive privilege of fishing, although 



