FISHERMEN AND FISHERIES. 249 



the fish were not illegally taken is thrown on the possessor. 

 Previous legislation made a close time for the East Coast 

 of Scotland, which the Act of 1861 confirms, with the 

 exception that the Commissioners were authorised to sus- 

 pend the close time in the Firth of Forth west of Queens- 

 ferry Pier, in order to permit Sprat Fishing. The reference 

 to close time, with the exception of that on the lower half 

 of the West Scotch Coast has become now a matter of 

 historical interest only. 



In 1865 (by 28 & 29 Viet. c. 22) the close time on the 

 West of Scotland was reduced by one month, and it is 

 interesting to observe that this legislation was left unre- 

 pealed by the Fisheries Act of 1868, so far as it is in- 

 consistent with that legislation. This, on the whole, is 

 unfavourable to any close time at all, and, in fact, outside 

 territorial waters distinctly forbids it, .except so far as 

 oysters are concerned. 



Hitherto reference has been made to some legislation 

 which has to a limited extent been expressly left unre- 

 pealed by the Fisheries Act of 1868. 



Having taken this Act as the anchor of our modern law 

 of Sea Fisheries, other concurrent legislation attached to 

 and floating round it will be next considered. 



The legislation of 1771, which confirmed to fishermen 

 their present exemption from dues for the use of unartificial 

 harbours and waste land, and their exemption from forced 

 service in the Navy, granted in the London and West- 

 minster Fish Supply Act of 1762, have both been con- 

 sidered. An Act of 1 8 10 (50 Geo. III. c. 108) recites that 

 "it hath been found" (since the Act of 1762) "that various 

 sorts of fish retire in the winter season into deeper water," 

 and that this being the case, larger boats with larger crews 

 had been found necessary to follow them. For this reason 



