374 THE KEEPER'S BOOK 



Each proprietor may wade to the centre, fish- 

 ing from his own bank, but the Court has 

 expressed an opinion that from the practical 

 difficulty of doing otherwise he need not con- 

 fine his casting radius to his own side of the 

 water. In a river there is an interest in the 

 trout, as in the water itself, common to upper 

 and lower proprietors. The exclusive right 

 of property mentioned is in the right to fish, 

 not in the trout itself, which is a fera natura 

 and belongs to the catcher, unless (i) it be 

 taken from a pond, stank, or artificially 

 stocked reservoir, when it is theft to take it, 

 or (2) it is forfeited by statute. 

 (2) Private Lochs. A loch is private where the 

 proprietor or proprietors may vindicate their 

 right to fish for trout as against the public, 

 that is, every loch which is not both navi- 

 gable and tidal. If a loch be situated wholly 

 within the lands of one proprietor, he alone 

 has the right of trout-fishing in it. If the loch 

 verge upon the lands of two or more pro- 

 prietors, they have an equal right of fishing 

 over the whole surface irrespective of the 

 extent of their foreshores. U nless restricted 

 by the Court no instance of which has yet 

 occurred each proprietor may communicate 

 his right of fishing to an indefinite number 

 of persons, and put upon it an indefinite 



