240 THE RELATIONS OF THE STATE WITH 



the Act of 1843, the Convention embodied in the Act of 

 1843 nas greater validity than that embodied in the Act 

 of 1868. 



Reference must next be made to certain legislation which 

 was in part expressly left unrepealed by the Sea Fisheries 

 Act of 1868. 



During the Stuart period fishermen had been subject to 

 exactions imposed by the lords of the manor and others in 

 the form of top-money, of stallage for the use of markets by 

 the sea, of allowances of fish, such as the species of heriot 

 called Saturday night's fishing, with other gratuities. In 

 the reign of Anne these restrictions were removed, and in 

 1756, because the improvement of the British fishery was 

 still retarded by similar impediments, the legislation of 

 Queen Anne's reign was confirmed, and it was enacted that 

 all inhabitants of Great Britain should have power to take 

 and cure without hindrance herring, cod, ling, and other 

 white fish from the seas and bays of Scotland ; whilst 

 persons receiving gratuities for according their permission 

 to fish were liable to penalties recoverable either at West- 

 minster or in the Exchequer Court of Scotland. These 

 principles of free fishing, and the infliction of penalties on 

 those who prevented it were confirmed by the Act of 1868. 

 (See its second schedule, and sections I and 17 of 29 Geo. II. 

 c. 23.) 



In 1761 the metropolis futilely struggled with a difficulty 

 which a hundred and twenty two years have not succeeded 

 in removing. An Act was then passed " for the better 

 supplying the cities of London and Westminster with fish, 

 to reduce the present exorbitant price thereof, and to protect 

 and encourage fishermen." An ancillary object of this 

 statute was to prevent forestalling. When it is remembered 

 that to forestall is to buy up commodities on their way 



