THE FISHEHIES LAWS. 35 



any fisli 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 of naviga- 

 tion over his fishery, and of taking fish therein, are wliolly 

 abrogated by the grant. On the other hand certain obliga- 

 tions are cast on the grantee or proprietor of the fishery. He 

 is 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 regulations. 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 vests in the owner of the fishery 

 prior to, and not merely after, capture as in the case of Com- 

 mon of Piscary. Por further details the reader is referred to 

 Part III of the Act itself. 



LIMITS OF JURISDICTION. 



The fourth section of the Pisheries Act, after declaring 

 that the duty of protecting, developing, and regulating the 

 public fisheries of the Colony shall be vested in the Commis- 

 sioners appointed under the Act, enacts that the duties, 

 powers, and authority of the Commissioners shall extend to 

 the territorial limits of the Colony. Those limits are defined 

 as follows : — On the northern boundary by a line extending 

 from Point Danger, a short distance to the northward of the 

 Tweed Pdver, 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 E;iver Murray ; and eastward 

 by the southern bank of that river to a point where a straight 

 line from Cape Howe touches the nearest source of that river. 



The eastern limit of the coastal fisheries is, in conformity with 

 established law regulating the coastal boundaries of maritime 

 states, regarded as being confined to a range of one nautical 

 leasrue from the marsrin of the coast alomr its entire length 

 from Point Danger on the north to Cape Howe on the south. 



