62 THE OYSTER FISHERIES LAWS. 



neither taking out leases to improve the culture of oysters 

 nor enabling others to do so. The Act of 1881 recognised a 

 right which does not exist under any English law — the right 

 of the owner of the abutting land to the water below low- 

 water mark. The recognition of that right gives to these 

 persons the liberty to prevent any one from carrying on this 

 particular industry of oyster-cultivation below the high- 

 water mark of the tidal waters in front of their land. We 

 propose to abolish this right. Another restriction which 

 rendered the issue of leases impossible was that which 

 rendered it illegal for any lease to include a portion of a 

 natural oyster-bed. The question arose as to what a natural 

 oyster-bed was. Unfortunately there no longer remain any 

 large oyster-beds. Under the operation of the Acts of 1867 

 and 1871 they have been entirely dredged away ; but there 

 are in various places a commencement of what may be 

 termed re-formations of natural beds. I take it that the 

 natural oyster-bed is a deposit of oysters placed indepen- 

 dently of man's instrumentality. How the oysters are 

 attracted, whether by the particular quality of the ground, 

 or the power of the oyster in the embryonic state to place 

 itself in localities in which particular food is to be found, we 

 cannot say ; but at all events the beds which we understand 

 by natural beds are those which exist in contradistinction to 

 artificially-formed beds. In most of the tidal waters suited 

 for oyster-culture there are to some extent natural oyster- 

 beds in process of formation. It was found impossible to 

 issue leases in accordance with the Act, which prohibits any 

 portion of a natural bed from being included in a lease. 

 We propose that leases of areas may be issued, notwithstand- 

 ing that they may contain a portion of a natural oyster-bed, 

 and we give to the lessee the exclusive right of gathering 

 the oysters on his own leasehold. As we establish a royalty 

 oil all oysters taken, it is a matter of indifference as to who 

 actually is the cultivator of the oyster. Under the present 

 system dredging licenses are given for natural oyster-beds. 

 It will be seen that if a portion of a natural bed exists on a 

 part of a leased area, the licensed dredgers would be entitled 

 to go upon that area under his right to dredge the natural 

 bed. This would be intolerable ; there would be a constant 

 conflict between the two parties. We have therefore abo- 

 lished the system under which licenses were issued for oyster- 

 dredging. No doubt, in order that the production of the 



