i's 



produce. The language of these statutes, unfortunately, 

 was genera], and at the same time obsolete and of doubt- 

 ful import ; and the usages and interpretations of later 

 times, in the gradual progress of the art, had attached 

 meanings to it, by which the enactments had acquired a 

 very extended operation. 



Founding upon these statutes, therefore, the upper he- 

 ritors on the Tay applied to the courts of law for an in- 

 terdict or injunction against the use of stake-nets in that 

 river or frith ; and they were but too successful in their 

 application. After a long and patient investigation, and 

 a discussion, conducted on both sides with great learning 

 and ability, and after much diversity of opinion among 

 the judges, it was at length decided by the Supreme 

 Court in Scotland, and the decision was affirmed by the 

 House of Peers on appeal, that according to the existing 

 Scots statutes, the fishing of Salmon by stake-nets in ri- 

 vers, friths, and estuaries, is unlawful. 



The example of the upper heritors on the Tay, was 

 followed by those on other rivers. And, in consequence, 

 all stake-nets have now been removed, not only in the 

 Tay, but in most of the friths in Scotland. If in any 

 frith they are still allowed, it arises from the forbearance 

 or tolerance of the upper heritors ; for it is now settled 

 and unquestionable law in Scotland, that any one pro- 

 prietor, whether actuated by private hostility, or by real 

 or imaginary interest, may put down, or prevent the erec- 

 tion of stake-nets in the frith or river in which his fishery 

 is situate. 



In the course of the discussions to which these various 

 law proceedings have given rise, but more especially, 

 perhaps, since the use of stake-nets has been prohibited, 

 the public has discovered that these nets have not the 

 pernicious tendency which was alleged ; and a gradual re- 



