111
VII.
On a Specimen of a Whale, Rudolphi's Rorqual (Balae-
noptera borealis, Lesson,—Sibbaldius laticeps, Gray)
LATELY TAKEN IN THE RIVER CROUCH, ESSEX.
By Prof. W. H. Flower, LL.D., F.E.S., F.L.S.,
Pres. Z.S., &c.
[Read December 15th, 1883.]
Early in the morning of the 1st of November, 1883, some
fishermen discovered a whale alive in shallow water near the
mouth of the River Crouch, in Essex, having had its retreat
to the open sea cut off by the falling tide. After consider-
able difficulty they succeeded in capturing and killing it. It
was exhibited for some time at Southend, and was the
subject of a Chancery suit regarding its ownership between
the Lord of the Manor of Burnham, Sir Henry Mildmay, and
the fishermen who caught it, the former establishing his
claim to it as a "royal fish." The following is the report of
the motion as it appeared in the 'Times' of Thursday, Nov.
8th, 1883 :—
''High Court of Justice. Before Mr. Justice Chitty. Mildmay
v. Page.—The Plaintiff, Sir Henry Mildmay, lord of the
manor of Burnham, in the County of Essex, claims to be
. entitled to a several fishery in the River Crouch, and to all
royal fish caught in the river. A Whale of a somewhat
uncommon species, called a Rock Whale [Rorqual ?] was
recently captured in the river by the defendant, who is now
exhibiting it at Southend, and the plaintiff asserts that it
belongs to him as lord of the manor.
"Mr. Methold now applied for an interim injunction to
restrain the defendant from parting with, injuring or destroy-
ing the Whale, on the ground that it was a royal fish, and he
stated, in support of his application, that the plaintiff's
predecessor in title had obtained the verdict of a jury in 1G73
affirming the title of the lord to the several fishery, and,