162 STATUTE LAWS RELATING TO 



" over which it is in evidence that the fish could 

 " not pass except in extraordinary times of flood. 

 " And however twenty years' acquiescence may 

 " bind parties whose private rights only are affected, 

 " yet the public have an interest in the suppression 

 " of public nuisances, though of longer standing, 

 " No objection, however, of this sort, can apply to 

 "the present case, where the action was com- 

 " menced within twenty years after the complete 

 " extension of the stone weir across the river, by 

 " which it has been proved that the plaintiff has 

 " been injured. Then, however general the words 

 " of the ancient deeds may be, they are to be con- 

 " strued, as Lord Coke says, ' by evidence of the 

 " ' manner in which the thing has always been 

 " possessed and used.' " Lawrence, Justice. 

 " The jury themselves have found the fact that the 

 " plaintiff's fishery is injured by the stone weir, 

 " and therefore the verdict is against the evidence, 

 " and there is no bar to the action from any 

 "length of possession in the defendant." Rule 

 absolute. 



From this case there are many most important 

 conclusions to be drawn. First, that weirs across 

 rivers are public nuisances ; that new ones cannot 

 be built, or old ones altered ; that other obstruc- 

 tions impeding the passage of the fish are public 

 nuisances ; that an ancient weir having an escape 

 for the fish cannot be altered ; that one person 

 having a right to fish above, cannot be obstructed 



