156 THE DRIFFIELD ANGLER* 



to all ; and he who claims a privilege to him- 

 self must prove it In the Severn, the soil 

 belongs to the owners of the land on each 

 side; and the soil of the river Thames is in 

 the king, &c* but the fishing is common to 

 all 1 Mod. 105. Burr. 2184. 



He who is owner of the soil of a private 

 river has "seperalis piseariaj" and he who 

 has '"libera piscaria" has a property in the 

 fish, and may bring a possessory action for 

 them ; but " communis piscaria" is like the 

 case of all other commons. 2 Salk. 637. 



And by 3 Ed. I. c. 20. If any trespass- 

 ers in ponds be thereof attainted at the 

 suit of the party, great and large amends shall 

 be awarded, according to the trespass ; and 

 they shall have three years imprisonment, 

 and shall after make fine at the king's plea- 

 sure (if they have whereof) and then shall 

 find good security that after they shall not 

 commit the like trespass : and if they have 

 not whereof to make ftne, after three years 



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