THE LAW AS IT AFFECTS WILDFOWLERS 53 



This, however, does not apply to a person genuinely sporting 

 on his own land which may adjoin a decoy. Even a person 

 on a tidal river, shooting at wildfowl for sport or profit so near 

 a decoy as to drive out the wildfowl in it, is liable to an action 

 for wilful disturbance and damage to a decoy. These cases 

 are established upon the ground that one is damaging or dis- 

 turbing the trade of another. 



Now as regards matters which directly affect the shore- 

 shooter. We readily see that, unless a person has a right to pre- 

 vent people from shooting on a foreshore, he cannot legally do 

 so. In setting up the proof of rights a case is placed beyond 

 the jurisdiction of local magistrates, and therefore must in the 

 first instance be dismissed. As for the right to shoot on a 

 foreshore belonging to the public, there is no such thing, but 

 the prevention of the public from using such foreshores must 

 be set against and maintained by persons having a legal right 

 to do so. Since the ordinary owners and tenants of private 

 lands adjoining foreshores have no more power than the 

 ordinary man in the street, they cannot prevent people from 

 using the foreshores, except, of course, where Crown grants 

 exist. 



Thus, while the public may have no legal right on a fore- 

 shore, it is possible that no one else possesses the legal right to 

 prevent the public using the foreshore ; consequently, the 

 ground — for ordinary sporting purposes, at least — is used 

 by all. 



County Councils, it must be remembered, can obtain 

 certain powers over foreshores within their area. Orders can 

 be made by County Councils regulating the use of foreshores 

 by the public. These orders are never made without reason- 

 able foundation, and are issued for the welfare of the com- 

 munity in general. 



River Commissioners can also claim certain powers over 

 land under their control, and any rights they possess they can 



