84 MUSSEL CULTURE 



In order that offenders may be convicted, it is 

 necessary that the fisheries be properly ' marked 

 out or known as such/ since scattered patches of 

 mussels are not included in the patrimony of the 

 Crown, and therefore cannot be made subjects of 

 theft. 



An exactly similar Act exists for the protection 

 of oyster fisheries.^ It is an extension of an older 

 English Act (7 and 8 Geo. IV. c. 29), and gives 

 power for the punishment of offenders in the same 

 way. The want of interest among proprietors is. 

 singular in view of the powers existing with regard 

 to the regulation of mussel fisheries. We have 

 seen that proprietorship does not necessarily 

 include exclusive right of fishing, but by the Sea 

 Fisheries Act of 1868, 31 and 32 Vict. c. 6, 

 clause 51, it is settled that shell-fish on a private 

 bed, which is owned by any one independently 

 of the Act, are the actual property of the owner.. 

 (Part III. of this long Act will be found in Ap- 

 pendix B, pp. 103-12 1.) 



Offences under this Act have been summarised, 

 as follows : 



{a) The using any implement of fishing, except 

 a line and hook, or a net adapted solely 



^ 3 and 4 Vict. c. 74. 



