166 NEW SOUTH WALES 



(including crustaceans and molluscs), and of taking all such fish so long 

 as the license is in operation, i.e. so long as the terms and conditions 

 subject to Avhich it was granted shall be faithfully complied with. More- 

 over, the licensee will now be in a position to prosecute any persons who 

 steal any such fish from his fishery, or who trespass within its limits. 

 The grant empowers him to cut a trench or passage through the shore 

 and to construct a sluice to admit the tidal water to his fishery, and any 

 public rights-of-way or of navigation over his fishery, and of taking fish 

 therein, are wholly abrogated by the grant. On the other hand, certain 

 obligations are cast on the grantee or proprietor of the fishery. He will 

 be required to construct and maintain substantial bridges of prescribed 

 dimensions across any trenches or cuttings of the shore ; also to mark 

 the boundaries of the fishery by stakes or as prescribed by the regula- 

 tions. A private fishery will pass as an incorporeal hereditament 

 appurtenant to and with the ownership of the soil. Although not in 

 terms granted as a franchise, it will more resemble a franchise than any 

 other incorporeal hereditament. The licensee or grantee of the fishery 

 will of course always remain liable to the Crown for the fulfilment of 

 the conditions of the grant. The property in fish in a private fishery 

 will vest in the owner of the fishery prior to, and not merely after, 

 capture, as in the case of common of piscary. 



Limits of Jurisdiction. 



The fourth section of the Fisheries Act, after declaring that the duty 

 of protecting, developing, and regulating the public fisheries of the 

 Colony shall be vested in the Commissioners appointed under the Act, 

 enacts that the duties, powers, and authority of the Commissioners shall 

 extend to the territorial limits of the Colony. What those limits are on 

 the northern, western, and southern boundaries has been settled by 

 statute, and there is therefore no doubt or diflaculty in respect of the 

 inland boundary -lines. By virtue of the Imperial Acts 1 4 Vic. c. 59, 

 18 and 19 Vic. c. 54, and the Order in Council thereunder of 6 June, 

 1859, validated by the next cited Act, 24 and 25 Vic. c. 44, and an 

 Order in Council of 9 August, 1872,* the territory of New South Wales 

 is defined on the northern boundary by a line extending from Point 

 Danger, a short distance to the northward of the Tweed River, to the 

 head waters of the Macintyre River, where the 29th parallel of south 

 latitude impinges on that river ; thence westward by that parallel to its 

 intersection by the 141st meridian of east longitude; southward, along 

 that meridian to the waters of the river Murray ; and eastward by the 

 southern bank of that river to a point where a straight line from Caj)e 

 Howe touches the nearest source of that river. By the 5th section of 

 18 and 19 Vic, c. 54, it is declared "That the whole watercourse of the 

 said river Murray, from its source therein described to the eastern 

 boundary of the Colony of South Australia, is and shall be within the 

 territory of ISTew South Wales : Provided nevertheless, that it shall be 

 lawful for the Legislatures, and for the proper officers of Customs of both 

 of the said Colonies of New South Wales and Victoria, to make regula- 

 tions for the levying of Customs Duties on articles imported into the said 

 two Colonies respectively by way of the river Murray, and for the 



*See Desj^atch relating to Peiital Island. Votes and Froceediiir/s, 1872-3, p. 519. 



