5i8 SALMON LEGISLA TION IN SCOTLAND. 



a hold which it is difficult now to shake off. The dis- 

 possessed proprietors got no compensation in this instance. 

 No doubt many of the present proprietors of coast fisheries 

 have paid large sums for their fishings, in the belief that 

 they were legal, and it might seem an injustice to visit on 

 them the sin of their predecessors. We do not, however, 

 argue that it would be right in all cases to abolish fixed 

 nets without some compensation. Means could be taken 

 to ascertain the exact circumstances connected with the 

 exercise of that right in every instance, and any case 

 developing exceptional circumstances might be excep- 

 tionally dealt with. This, however, in no way affects the 

 public question of the legality or illegality of the fixed 

 nets, and if that question were decided against the legality, 

 there can be no doubt that there would be no right to com- 

 pensation. There is a strong preponderance of evidence 

 and presumption that these nets were unlawfully erected 

 at first against the spirit, if not the letter of the statute, 

 and that therefore prescription should not be held to 

 legalise them. Besides, prescription properly only applies 

 to private rights, and has never been, and is not now, 

 admitted where it is " hurtful to the common weill." 



It is a well-known fact that as a rule proprietors and 

 tacksmen of these coast fisheries are particularly careful to 

 prevent reliable statistics getting into the hands of the 

 public. It is only a fair inference to make from this course 

 of action that they are more or less conscious that the 

 fixed nets are not established on too sound a footing, and 

 are destructive to the fisheries. If they were not de- 

 structive, the surest way to prove it would be by the collec- 

 tion and publication of the fullest statistics of the different 

 fisheries, and the giving of every facility to the authorities 

 in their inquiries. In connection with this view, it is 



