THE FISHERY INTERESTS OF AUSTRIA. 619 



private law by Runde, § 110; Eiehhorn, §§ 268 and 269; Mittermaier, 

 § 290; Gerber, p. 2L4, &c. 



In the following, it will be shown by various instances that these views 

 on the historical development of the fishing-privileges are confirmed by 

 the old Austrian law-books. 



22 — FOREIGN FISHERY LAWS. 



Most European states have of late years directed their special atten- 

 tion to the fishing-privileges and the fishery-laws, with the view to 

 reforming the whole system of the industry in conformity with the 

 demands of the natural sciences, of changed social conditions, and the 

 requirements of political economy. 



From the great mass of material at our disposal, we shall only select 

 a few paragraphs of foreign laws which are of special importance to 

 Austrian legislation. 



Prussia. — Prussian legislators have given much attention both to the 

 fishing-privileges and to the fishery-laws. Besides those provisions of 

 the common code of the Prussian monarchy, treating of the privileges of 

 private individuals, there are numerous provincial laws and local regu- 

 lations dating from different centuries, so that at present twelve differ- 

 ent laws may be distinguished in Prussia. 



It is generally acknowledged, even there, that these laws and regu- 

 lations do not afford sufficient protection to the fisheries; that they 

 are defective in many points, and not sufficiently uniform; that, regard- 

 ing the nature and life of fish, they have not kept pace with the advance- 

 ment of natural sciences; and that, even including the recent laws of 

 the provinces of Prussia, Pomerania, and Posen, which in most respects 

 have proved satisfactory, they leave great room for improvement. The 

 draught of a new fishery-law has, therefore, been prepared. 



The present Prussian legislation, in its most essential features, does, 

 nevertheless, deserve our full attention. The regulations concerning 

 private fishing-privileges, the laws on the abolition of such privileges, 

 numerous regulations regarding supervision, &c, are not touched at all 

 by the new laws; other provisions are changed but very inconsiderably; 

 and it is of great interest in every respect to become acquainted with 

 the progressive steps of this important legislation. 



According to the common law of Prussia, fishing in public running 

 waters is a royal prerogative. Those persons who have been granted 

 fishing- privileges by the state, without defining certain limits, can only 

 avail themselves as far as their property on shore extends. No person 

 possessing them can extend his fisheries beyond their lawfully restricted 

 limits. 



Fishing in closed waters which do not extend beyond the boundaries 

 of the estate in which they are located is as a rule the privilege of the 

 proprietor of such estate. As a general rule, fishing in streams, lakes, 

 and other waters can only be carried on by such persons as have re- 



