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- 15464
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- 2026-01-30T20:49:30.771Z
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- text
- harpoons, and line, they belonged to the defendants; the whale, because
it was a Loose-Fish at the time of the final capture; and the harpoons
and line because when the fish made off with them, it (the fish)
acquired a property in those articles; and hence anybody who afterwards
took the fish had a right to them. Now the defendants afterwards took
the fish; ergo, the aforesaid articles were theirs.
A common man looking at this decision of the very learned Judge, might
possibly object to it. But ploughed up to the primary rock of the
matter, the two great principles laid down in the twin whaling laws
previously quoted, and applied and elucidated by Lord Ellenborough in
the above cited case; these two laws touching Fast-Fish and Loose-Fish,
I say, will, on reflection, be found the fundamentals of all human
jurisprudence; for notwithstanding its complicated tracery of
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