FISHERMEN AND FISHERIES. 229 



sary ; in the second there is a cessation of its necessity ; 

 whilst in the third the industry has become not only able 

 to support itself in affluence but to pay something towards 

 the expense of the constituted authorities who supervise 

 it. From the abolition of bounties, which at first were 

 decreased gradually only, the fact also becomes exemplified 

 that fishermen are individually encouraged wherever a 

 stimulus is necessary, but that the encouragement afforded 

 them, either individually or as a class, is subservient to 

 that of the State welfare at large. 



A consideration of the opening statements in this essay 

 may, perhaps, induce an accurate perception of the exact 

 place occupied in our legal system by home legislation 

 relating to sea fisheries. In the first place it has been 

 effected for the regulation of public as opposed to private 

 rights ; secondly, it comes beneath that class of public 

 rights which have for their object the commercial and 

 social development of the State ; and thirdly, it exclusively 

 regulates the relations between our State and its own 

 subjects as opposed to that international law of fisheries 

 which has been established by usage or treaties. 



A more restricted definition of home legislation is % that 

 which distinguishes the legislation affecting England and 

 Wales from that affecting either Scotland or Ireland. 

 It is a matter of comparative ease to keep the sea fishery 

 legislation for Ireland distinct from that which concerns 

 Great Britain, but in order to deal with home legislation 

 in its narrowest sense (as affecting England only) reference 

 to the sea fishery regulations relating to Scotland is in 

 many cases compulsory. 



A few descriptive words on British fisheries inserted 

 here may render frequent subsequent allusions more 

 readily understood. 



