SALMON-FISHERY OF SCOTLAND. 93 



Here, then, is full elucidation of the motives which induced 

 the ancient Legislature to prohibit yairs and all such engines 

 on the coasts, or in waters within reach of the tide, where, as 

 stated by the witnesses, such quantities of the fry of sea fishes 

 and of all fishes were destroyed by them, as expressed in the 

 statutes. Let us then take a glance at these abused statutes, 

 and see where the ambiguity so much complained of in the 

 Scotch Court is to be found, or whether anything appears in 

 them contrary to this plain common-sense construction of them. 

 The first is the one already cited the words of which we will 

 repeat viz. the Statute Eob. I. 1318 : 



" Omnes illi qui habent croas, vel piscarias, vel stagna, aut molen- 

 dina, in aquis ubi ascendit mare et se retrahit, et ubi salmunculi, 

 A r el smolti, vel fria alterius generic piscium, marts, vel aqusB dulcis, 

 ascendunt et descenclunt," &c. 



The words of this statute, then, correspond exactly with 

 what has been stated by the witnesses. There is not one word 

 in it which can show that the prohibition was intended to be 

 restricted to rivers. The fry of sea fishes, and of all fishes, is 

 conclusive on the subject ; for if the fry of sea- fishes are not 

 to be found on the coasts of the sea, where are we to look 

 for them ? And had not the Legislature the same power of 

 legislation in all parts of the kingdom, at least within flood- 

 mark? and on the sea-coasts as well as on those of friths, 

 or on the banks of rivers ? If the power of the Legislature 

 be not denied on the coasts of the sea, or that the fry of sea 

 fish are to be found there, we defy any man to show that 

 the prohibitions in the statutes do not extend to it. 



In the discussions which took place regarding this statute, 

 a manifest error was committed by the Court in translating 

 the word mare, in the expression, " In aquis ubi ascendit mare 

 et se retrahit," literally, in waters where the sea ebbs and 

 flows, instead of where the tide ebbs and flows, which is 

 the meaning of the expression. The reason why the tide 

 is mentioned at all in the statutes, is because it is only 

 where the tide ebbs and flows, as before remarked, that yairs 

 could be placed. To prohibit them, therefore, in " waters 



