24 



suit, an arrangement was made between the 

 parties, that the public right of angling should 

 be admitted, and the action dropped. 



Having considered the subject as affected 

 by Grant, Prescription, the Statutes, and de- 

 cisions of the Courts, 



We come now shortly to examine in what 

 way it is affected by the Common Law of the 

 land, and endeavour to prove that by that law 

 the public have had, used, and exercised, time 

 out of mind, to take fish, (or attempt to take 

 fish,) in all public navigable rivers. 



In doing this I shall avail myself of the as- 

 sistance afforded me by a small pamphlet pub- 

 lished in 1787, while the above suit was pend- 

 ing. 



" The Common Law is the unwritten law 

 of the land, and consists of general customs, 

 and usage, declared and established by the 

 judgments of Courts, and authentic records, or 

 proved by other sufficient evidence to have 

 been used, time out of mind, without legal im- 

 pediment or obstruction." 



Our great law writers say hereon : 



