18 



be forgotten that when the decisions in the Tay cases 

 were pronounced, more than one Judge is reported to 

 have expressed an opinion that the operation of the sta- 

 tutes extends to the ocean, c to wherever the tide ebbs 



* and flows.' 



Without presuming, however, to say any thing on this 

 question, which the courts must dispose of, according to 

 the law as they find it, at least it may be remarked, 

 that after the experience which has been acquired in the 

 case of the frith proprietors, of the consequences of a te- 

 dious, expensive, and doubtful litigation, it is more than 

 probable that many proprietors of sea fishings will sub- 

 mit, rather than encounter their opponents ; that the 

 fishery will thus not be attempted at any new stations ; 

 and that unless Parliament interfere, the public interest, 

 as well as the rights of individuals, will be weighed down 

 purely by the dread of oppressive and protracted discus- 

 sion in courts of law. 



The first step towards Parliamentary interference, is to 

 ascertain distinctly the nature and extent of the evils to 

 be remedied. The chief of these seem to be referrible, 

 1. To the defective state of the existing law as to the 

 regulation of the close-time ; and, 2. To the prohibition 

 of the stake-net mode of fishing. 



I. As to the regulation of the close-time. 



A general regulation of the fishing season, originally 

 applicable to all Scotland^ is contained in a statute of 

 King James I, passed in the year 1404. By this act, 

 it is forbidden, that onie Salmound be slaine fra the 



* feaste of the Assumption of our Ladie, quhill the 



feaste of Saint Andrew in winter, nouther with netts, 



nor cruivcs, nor nane uther waies." And this statute 



