644 REPORT OF COMMISSIONER OF FISH AND FISHERIES. 



changed, so that henceforth neither citizen nor servant is allowed to 

 fish/ (I, 4S8.) 



In Mmkendorf, every miller is allowed to fish as far as he can throw 

 his "Mile" (instrument used for sharpening the millstones) from his mill- 

 wheel, either up or down the stream, (I, 541.) 



In Moravia, the neighbors of millers' wives are allowed to fish every 

 Thursday in the afternoon, and every Friday in the forenoon, and during 

 the season when the ice and water flow from the mountains for three 

 days in succession. (Chlumecky, Mdrische Dorfiveisthiimcr, Archivfiir 

 Kunde osterreichischer Geschichtsquellen, XVII, 70.) 



In villages or towns where all the ground belongs to a landed pro- 

 prietor, the fisheries likewise belong to him. The old law-books say, in 

 such cases, that to him belong "the fish in the water," "the fish in the 

 stream," "the fish in the pond," " the fish on the sand," &c. In all such 

 domains, there were, however, free waters in which every one was 

 allowed to fish. 



On lakes and rivers where fishing is carried on as a trade, the privilege 

 holders form an association, and have as such their own law-books, 

 their autonomous and judicial power. They make their own regulations, 

 and in their own court of justice decide all disputes between members 

 of the association, and punish violations of the law. The lord of the 

 manor, or his representative, presides at these courts of fishing-associa- 

 tions, as well as in village-courts. This applies as well to those free com- 

 munities which elect their own presiding officers as in domaius in which 

 the fishing grounds belongs to the lord of the manor, while the villagers 

 have only certain rights, either hereditary or temporary, which must be 

 paid for in a certain annual number of fish or by some work. 



On the Gmunden Lake, the fishery court was held every year on the 

 days of the fishing apostles Philip and James, and, later, on St. Peter's 

 day, and the mayor of the village of Ort presided, under the title, "Lake- 

 judge." In special cases, the lord of the manor may call the court 

 together on other days. 



The prelate of Klosterneuburg holds an annual fish-court at that place, 

 with the master-fishers of the Danube and their servants. Similar 

 courts are held at St. Georgeu on the Traisen. (Kaltenbiick, I, GOO; II, 

 107 and 108.) 



The law-book of Ort, on the fisheries of the Traun and Gmunden Lakes, 

 gives very exact rules regarding nets and other fishing-implements; on 

 the seasons when the various kinds offish in these lakes may be caught ; 

 on the minimum length below which they must not be caught ; of the 

 rightsof the individual fishermen ; thefish-trade; punishments; theduties 

 which fishermen owe to the lord of the manor, and especially the right 

 of the latter to be the first bidder on all fish caught, &c. 



This law-book is, like many old documents of the kind, arranged in the 

 form of questions and answers. The questions are, as in our modern 

 courts of law, addressed by the presidiug judge to the jurors, or, as they 



