59 



waters, rivers, and fisheries, in inclosed 

 grounds. In an Act of Parliament penned 

 " in so loose, uncertain, and ungrammatical 

 a manner," little is to be relied on, and less 

 understood. But should it be argued that by 

 the word " river" being used in it, a private 

 fishery in the River Thames, or any other na- 

 vigable river, is thereby included, I must deny 

 the position, or the inference. 



It has been already shown, and it is admit- 

 ted, that persons may have a right to a fishery 

 in a river not navigable, (such as the Ock, the 

 Lambourn, and the Lodden,) and it is to fish- 

 eries in such rivers that the Act applies, as well 

 as to fish in ponds, &c. in inclosed grounds. 



Besides, this Act is designed for the protec- 

 tion of the owners, of such rivers, ponds, &c. 

 Now it has already been clearly shown that the 

 soil of the River Thames is in the King, but 

 the fishing is common to all his subjects, and 

 that it is an alta regia via. Who then has ever 

 heard of the owner of the River Thames other- 

 wise than as an alta regia via ? We may as 

 well talk of the owner of a turnpike road. 



In the construction of Acts of Parliament we 

 are told, that " a statute which treats of things 



