 | Giles Jacob - 1718 - 186 pages
...hath the Right of Fifhing ; and it puts the Proof upon them that claim a Right of Fifhing. Per Hale. But in Cafe of a River that flows and reflows, and is an Arm of the Sea, there it is common to all ; and if any will appropriate a Privilege to himfelf, the Proof ties... | |
 | Great Britain - Fishery law and legislation - 1722 - 298 pages
...he hath Proof, the Right of Fiffiing; and it puts the Proof upon them that claim Liberam Pifc'ariam. But in cafe of a River that flows and reflows, and is an Arm of the Sea, there F 4 r'1'104 C&e ^aitie lato. Part n. prima facie, it's common to all ; and if any will appropriate... | |
 | Great Britain. Courts - Law reports, digests, etc - 1793 - 428 pages
...„f of fiíhíng ; and it puts the proof upon them that claim liberam his claim ˇ fat pifcariam. But in cafe of a river that flows and reflows, and is an the "ght Is arm of the fea, there, prima facie, it is common to all : and if any Pr""?fac". •11 •... | |
 | Joseph Chitty - Fisheries - 1812 - 760 pages
...right to fish in all navigable rivers, as he has to fish in the sea." — 1 Mod. 105. Anon. In case of a river that flows and reflows, and is an arm of the sea, Hale says, " The right of fishing is primS facie common to all."— Lord Mansfield. The rule of... | |
 | Esek Cowen - Justice, Administration of - 1821 - 804 pages
...according to the extent of his land in length. With this agrees the common experience. (i) In case of a river that flows and reflows, and is an arm of the sea, there, prima facie, it is common to all.(/) This last is what (2) And when the trespass is in... | |
 | Joseph Kinnicut Angell - Water - 1824 - 380 pages
...he has the right of fishing, and it put the proof on them that claim liberam piscariam ; but in case of a river that flows and reflows, and is an arm of the sea, there, prima facie, it is common to all. In the case of Carter v. Murcott, (4 Burr. 2162.) Lord... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1826 - 680 pages
...grant cannot bar him thereof." So in 1 Mod. 105. Lord Fitzwaltcr's case, Hale, Ch. J., says, " In case of a river that flows and reflows, and is an arm of the sea, there primu facie it is common to all : and if any one will appropriate a privilege to himself... | |
 | Robert Gream Hall - Coastal zone management - 1830 - 320 pages
...right of fishing, and it '' puts the proof on them ' that claim liberam pisca' riamf " but in case of a ' river that flows and reflows, and is an arm of ' the sea, there, prima facie, '' it is common to all, and if ' any will appropriate the ' privilege to himself,... | |
| |
In case of a river that flows and reflows, and is an arm of the sea, there prima facie it is common to all : and if any... 
