ON THE FISHERIES OF NORWAY. 29 



also the power, in cases not strictly belonging to the fishing superinten- 

 dence, to select two men, who, in conjunction with the judge, have 

 power to make a decisiom. 



The period of ofiice of the special judge is limited to the fishing sea- 

 son, and those cases which he cannot finish for want of time are referred 

 for further action to the ordinary judge of the district. The judge also 

 exercises this authority in cases belonging to his jurisdiction, which 

 otherwise belong to the bailiff, such as the carrying out of judgments, 

 arrest, confiscation, &c. 



The superintending authorities have, as has been already intimated, 

 some small sailing-vessels at their disposal, on which the naval officers 

 live during the fishing-season ; and they sail round to the different fish- 

 ing-places, while the j udge is generally stationed on shore, where he 

 hears and acts upon the cases presented for decision. 



As to the right of fishing in salt water, the following statements may 

 be made : 



1. All kinds of fishing can be freely carried on in salt water by every 

 Norwegian citizen, whenever he may please to do so, in the sea or along 

 the coast. The state does not reserve to itself any rights in this re- 

 spect, except *he necessary police-regulations for maintaining order. 

 (Eegarding the privileges of landowners of the coast see 2.) 



2. Free fishing in salt water is not confined to the sea, but also com- 

 prises fishing on the coast, except that as far as the coast itself is used 

 in fishing, e. g., for drawing fish on land or for fixing implements, this 

 rule is somewhat modified ; and in some places a different law has 

 grown up in course of time, as regards fishing for salmon and oysters. 



Fishing from land is the exclusive right of the landowner, and he 

 alone has authority to place stationary fishing implements. Any one, 

 however, may make use of the land to draw his fish ashore, but with 

 this condition, that the landowner can claim a certain bonus, which, for 

 herring fishing, is fixed at 3, and in some cases at G per cent. (See law 

 of May 23, 1803, and law of September 24, 1851, § 36.) 



The right to fish for salmon on the shore belongs, in many places, ex- 

 clusively to the landowner, even if fishing is not carried on with sta- 

 tionary fishing implements. Oyster fishing belongs as a rule to the 

 landowner. It may well happen that in some places a more exclusive 

 right of the landowner with regard to that portion of the sea adjoining 

 his property has grown up in course of time. 



3. Besides the use of the coast for drawing fish ashore, which is guar- 

 anteed to every fisherman, some fisheries, carried on in the open sea 

 with boats, such as the haddock fisheries, require that the fisherman 

 shall have some place on shore for his boats, for his implements, and 

 for drying and preparing the fish. The old fishing laws contained 

 various regulations obliging the land-owners to allow the fisherman a 

 certain space on the coast, in return for a bonus fixed by law ; and even 



