COAST SALMON-FISHINGS. 123 



net fishing must be considered in all its varied bearings 

 upon the rights of individuals and upon the interests of 

 the public." 



How truly we foretold the result of this important 

 decision, is already apparent in the Salmon-Fisheries 

 Bills for England and Scotland, and in the Reports by 

 Select Committees both of the Lords and Commons. 

 By the publication of the evidence taken before these 

 committees we are made acquainted with the view 

 which Government takes of its responsibilities to the 

 Crown and the public after the decision in the case of 

 Gammell. Before going further, it may be for the 

 benefit of some of our readers that we indicate the facts 

 in this case, as well as explain the legal status of a 

 Scotch salmon. 



Mr Gammell granted a lease of the salmon-fishings 

 ex adverse of his estate of Portlethen, Kincardineshire, 

 to Messrs Gray and Hutcheson of Aberdeen and Findon, 

 who had been in the habit of using stake-nets and other 

 engines for catching the fish. The Commissioners of 

 Woods and Forests intimated to them that this was 

 illegal, and offered them a lease at a moderate rent. 

 The offer being declined, they raised, in 1849, an action 

 against Mr Gammell and his lessees, claiming to have 

 it found 1st, That all salmon-fishings round the coast 

 of Scotland formed part of the hereditary revenues of 

 the Crown, except so far as they had been granted out 

 to the Crown vassals by charter ; 2d, That as Mr Gam- 

 mell had no such charter, the lessees had no right to 

 fish for salmon on the coast adjoining his property. 

 The Court of Session, with the exception of Lord 

 Justice-Clerk Hope, found and declared that all the 

 fishings round the coast of Scotland belonged to the 

 Crown, as part of its hereditary revenues. An appeal 

 to the House of Lords confirmed this finding. When 

 giving judgment Lord Campbell observed (and we pray 

 that those maintaining the legality of stake -nets would 

 mark the statement) : 



