33 



ing the right of an individual, but of the Com- 

 monwealth or the public. Besides, the Act ap- 

 plies, not only to all persons, but to all rivers, 

 and only restrains the shameful destruction of 

 fish in the manner described by the Act.* 



4thly. There are other Acts of Parliament 

 for punishing offenders who steal fish in private 

 rivers, pools, ponds, or inclosed places, but 

 not a word is said of using nets in public ri- 

 vers, provided those nets be of proper assize, 

 and used at proper times. 



5thly. That at all events here is a prima 

 facie case made out on the part of the public, 

 which, till it is rebutted by stronger evidence 

 by the opposite party, must stand ; as neither 

 Grant nor Prescription shall be implied, but 

 must be proved. 



Thus I submit, that both by the Common 

 Law, the two great Charters, the subsequent 

 Statute Law, and the decision of the Courts, 



* In some editions of the Statutes the penalty under this Act 

 is 20/., in others 20*. ; in the record it is not distinguishable whe- 

 ther it be pounds or shillings. The latter seems more adequate 

 to the offence. Vid. 2 Burn, 36p. 



