226 THE SALMON 



was formerly the case in Ireland ; but, since the 

 passing of the Landlord and Tenant Amendment 

 Act of 1860, a fishery can be let by mere word of 

 mouth for a year or from year to year, and for a 

 longer period, by a note in writing without seal. 



A grant of a fishery is primct facie a grant of a 

 several fishery, and an action for trespass will lie for 

 entering the same. 



II. A Common of Fishery is like other rights of 

 common, e.g. of pasture belonging to tenants of a 

 particular manor, and can only exist in waters within 

 the manor. It can only be transferred by deed. 



With regard to Scotland, the different position 

 in which the Crown stands towards the public has 

 already been noticed. All salmon-fishings in Scot- 

 land, whether in rivers, estuaries, or in the sea, in so 

 far as fishing is carried on there in connection with 

 the land, were of original right vested in the Crown, 

 and, where not granted away, are under the manage- 

 ment of the Commissioners of Woods and Forests. 

 No grant has ever been made to confer upon the 

 public of any locality a right of salmon-fishing, 

 though doubtless in many places the public have 

 enjoyed such right as a privilege ; nor will the duration 

 of such enjoyment for any length of time confer upon 

 them such right as against the Crown. 



