HERRING FISHERIES. 239 



the herring fisheries in various ways, of which most have 

 been abandoned as contrary to modern commercial policy. 

 Almost the only surviving part of these provisions is the 

 Scotch system of herring branding, which, even if open to 

 some theoretical objections, is found effectual and popular, 

 and has been deliberately maintained. In England the 

 western counties obtained, as long ago as 1604, a whole- 

 some exemption from the strict rights given to landowners 

 by the common law. The statute recites that "the trade 

 of fishing for herrings, pilchards and sean-fish 1 within the 

 counties of Somerset, Devon and Cornwall is, and of late 

 time hath been, very great and profitable " ; that " divers 

 persons within the said counties, called balkers, huors, 

 condors, directors, or guidors . . . time out of mind have 

 used to watch and attend upon the high hills and grounds 

 near adjoining to the sea-coasts within the said counties," 

 to watch for the shoals of fish, and give directions to the 

 fishermen, and that landowners have begun to object to 

 their land being entered on for this purpose, and to treat 

 the watchers and fishermen as trespassers ; and for the 

 benefit of the fishing trade it enacts that the use of the 

 shore shall be free both to the "watchmen, balkers, huors, 

 condors, directors, and guidors " for their look-out, and to 

 the fishermen for drawing in their nets and landing the fish. 2 



1 Sean (now commonly written seyn or seine) is a large draw-net. 

 The statute seems applicable chiefly to the pilchard fishery, in which 

 the seine has not lost its importance, though in the herring fishery 

 drift-nets are more commonly used. Drift-net fishing and trawling 

 are now prohibited within two miles of the coast of Cornwall below 

 Trevose Head : Sea Fisheries Act, 1868, s. 68. And by a local Act, 

 4 & 5 Viet. c. Ivii., which regulates the pilchard fishery in St. Ives Bay, 

 a close time (25 July-25 December) for hook fishing, ground fishing, 

 and trawling is established (s. 48) for the space of 1000 fathoms from 

 the shore within the limits of the fishing stations specified by the Act. 



2 i Jac. i, c. 23. 



