THE LAWS OF ANGLING. 359 



ery in a water, which prescription always supposes a 

 grant precedent, the owner of the soil, as much as a 

 stranger, is liable to an action if he fishes there : 2 Roll. 

 258. the case of Foriston and Cratchrode in the Common 

 Pleas. Mich. 29 and 30 Eliz. But here the writ shall 

 vary from that in the case of a several fishery, and demand 

 " wherefore the defendant, in the free fishery of the 

 plaintiff, at N., without the licence and consent of the 

 plaintiff, was fishing," &c. expressing the nature and 

 number of the fish taken : but because the soil does not 

 pass by such a grant, and the fish are ferce naturd, he 

 shall not call them his fish, as in the former instance. 

 See the case of Child and Greenhill, above cited. 



The doctrine deducible from these principles is, that 

 that which united with the soil would be a several fish- 

 ery, when severed by grant, though the grant be of a 

 several, or sole, and not of a free fishery in terminis, be- 

 comes a free fishery. 



There is yet another case that I shall mention, which 

 will give the intelligent reader a clear notion of this mat- 

 ter. A man grants to one, or more, a liberty ofjishiny: 1 

 here nothing but a naked right to fish passes, and the 

 remedy against a trespasser is not severed from the soil ; 

 the owner whereof, and not the grantee, may maintain 

 an action, and may also fish himself. Co. Litt. 122. a. 



As common of fishing may be appendant to land, so 

 also there may be a joint- tenancy, or a tenancy in com- 

 mon of a fishery. 1 Inst. 186. b. 



Having thus shewn in what cases the angler, in the 



(1) I find in Dngd. Want. 1142, in margine, an account of the following 

 grant, which for its singularity deserves notice. 



31 Hen. III. "Thomas de Clinton, of Aminton, levied a fine to Phil. Mar- 

 mion, that he and his heirs, his wife, and their heirs, might, when they came to 

 Tamworth, or to their castle at Middleton, fish with a boat any where in his 

 water at Aminton, with one net, called ajfcu-net, ziid&tramil and sayna : for 

 which liberty he gave him six marks of silver." 



