THE FISHERY INTERESTS OF AUSTRIA. 625 



and to local and climatic circumstances. If such rules were embodied 

 in the general law, this would become unnecessarily large, and would 

 no doubt frequently require to be changed ; and would doubtless, to 

 the injury of the industry, of which science and experience are con- 

 stantly developing new aspects, it would be prematurely settled. 



The existing law of Prussia, like all the older fishing-laws, is, with 

 few exceptions, confined to this field, and in most of the provioces there 

 are rules regulating details. 



The proposed law leaves these regulations unchanged for the present j 

 but takes into consideration a uniform settlement of all these points in 

 territories which belong together by a royal ordinance, which in many 

 cases will have to be preceded by treaties with neighboring states. 



The following are the more important provisions of this code, by 

 which existing laws are to be amended or changed : 



Fishing-privileges, which are not connected with some specified landed 

 property, and which have hitherto been enjoyed by all the inhabitants 

 of a village or city, shall, in future, to their present extent belong to the 

 body politic, (fl 5.) 



In those waters which form the boundary-line between two or more 

 communities, without belonging to either, these communities shall enjoy 

 equal privileges in that part of the water which is bordered by their 

 territory, (ft 6.) 



Existing privileges which refer to the use of certain specified appa- 

 ratus for fishing, fixed contrivances, (weirs, fences, automatic traps for 

 salmon, eels, &c.,) stationary nets, those that obstruct the greater part 

 of the river, &c, can be limited or abolished by completely indemnify - 

 nifying the persons holding them. 



Further limitation or abolition of such privileges can be claimed : 



1. By the state for the public welfare ; 



2. By holders of fishing-privileges, or by fishing-associations, in the 

 lower or upper portion of any water, if it can be proved that these ope- 

 rations are of lasting injury to the industry, impeding the introduction of 

 a rational and economical system of conducting it. 



The petitions of holders of privileges and of fishing-associations are 

 decided on by the district government, after they have been thor- 

 oughly examined by competent men. 



If the parties cannot agree upon the indemnity which is to be paid, 

 the authorities will fix the amount, which must be settled by the person 

 or persons petitioning for the abolition of privileges. 



The existing ordinances regarding the abolition of servitude for the 

 fisheries are not touched by any of the preceding regulations, (ft 4.) 



It is said in the law that the abolition of fishing-privileges on for- 

 eign soil does not come within its jurisdiction; and reference is made 

 to the above quoted abolition-law of March 2, 1850, which, as far as 

 is required, is to be amended and completed. It is, however, consid- 

 ered as coming within the scope of this law to leave open a way for 

 40 f 



