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                                 Chapter LXXXIX

                            Fast-Fish and Loose-Fish

The allusion to the waifs and waif-poles in the last chapter but one,
necessitates some account of the laws and regulations of the whale-fishery, of
which the waif may be deemed the grand symbol and badge.
    It frequently happens that when several ships are cruising in company, a
whale may be struck by one vessel, then escape, and be finally killed and
captured by another vessel; and herein are indirectly comprised many minor
contingencies, all partaking of this one grand feature. For example, - after a
weary and perilous chase and capture of a whale, the body may get loose from the
ship by reason of a violent storm; and drifting far away to leeward, be retaken
by a second whaler, who, in a calm, snugly tows it alongside, without risk of
life or line. Thus the most vexatious and violent disputes would often arise
between the fishermen, were there not some written or unwritten, universal,
undisputed law applicable to all cases.
    Perhaps the only formal whaling code authorised by legislative enactment was
that of Holland. It was decreed by the States-General in A. D. 1695. But though
no other nation has ever had any written whaling law, yet the American fishermen
have been their own legislators and lawyers in this matter. They have provided a
system which for terse comprehensiveness surpasses Justinian's Pandects and the
By-laws of the Chinese Society for the Suppression of Meddling with other
People's Business. Yes; these laws might be engraven on a Queen Anne's farthing,
or the barb of a harpoon, and worn round the neck, so small are they.
    I. A Fast-Fish belongs to the party fast to it.
    II. A Loose-Fish is fair game for anybody who can soonest catch it.
    But what plays the mischief with this masterly code is the admirable brevity
of it, which necessitates a vast volume of commentaries to expound it.
    First: What is a Fast-Fish? Alive or dead a fish is technically fast, when
it is connected with an occupied ship or boat, by any medium at all controllable
by the occupant or occupants, - a mast, an oar, a nine-inch cable, a telegraph
wire, or a strand of cobweb, it is all the same. Likewise a fish is technically
fast when it bears a waif, or any other recognised symbol of possession; so long
as the party waifing it plainly evince their ability at any time to take it
alongside, as well as their intention so to do.
