264 THE RELATIONS OF THE STATE WITH 



bed, a novel principle of evidence is introduced into our 

 legal system. It lies midway between the onus probandt 

 (that the oysters were honestly obtained) resting upon the 

 prisoner, and the proof (that they were fraudulently removed 

 from the prosecutor's possession) resting on the prosecutor. 

 It is expressly enacted that, if two beds belonging to dif- 

 ferent owners are contiguous, it is sufficient to show that 

 any oysters stolen must have been removed from one or 

 other of the adjoining beds, if not actually from that 

 belonging to the prosecutor. 



The direct protection of spawning beds is also provided 

 for. All fishing implements, except a line and hook, or 

 a net adapted solely for catching floating fish, and so used 

 as not to injure any oyster- or spawning-bed, are prohibited 

 in the defined district. Ballast, except such as is lawfully 

 authorised for the improvement of navigation, may not be 

 removed thence. Rubbish may not be deposited, nor may 

 any apparatus prejudicial to the bed be placed there, 

 except such as is absolutely necessary for anchorage. And, 

 lastly, if the bed is disturbed in any way, compensation 

 may be Awarded the grantees, and penalties varying from 

 2 to^io are incurred. 



A perusal of the foregoing provisions of the Sea Fisheries 

 Act of 1868 will show them to be so equitable and simple 

 that, with the one drawback of the expense involved in 

 procuring and confirming an order, modified in 1877 (by 

 section 7 of 40 & 41 Viet. c. 42), it is difficult to perceive 

 what more legislation can do to promote oyster culture and 

 protect oyster spawning-beds. All vested interests are 

 considered ; in spite of the inconvenience which it may 

 possibly occasion navigation, private property in the bed of 

 the sea a most unusual gift is permitted; Parliament, 

 through the Board of Trade, becomes directly interested in 



