424 THE SALMON RIVERS OF SCOTLAND 



that in Scotland from very early times certain well-defined pro- 

 visions have existed, and that the existing Salmon Acts have, while 

 adding much of value, continued the root principles of the early 

 Scottish Acts. In the twelfth century a weekly close time was in 

 force, and in an Act of 1424 reference is made to the annual close 

 time as we now name it. At this date it was from the Feast of the 

 Assumption of Our Ladie till the Feast of St. Andrew (15th Aug. 

 to 30th Nov., new style). 



In the time of David the First (1124-53) and of "William the Lion 

 (1164-1214) it was enacted that in dam dykes there should be a gap 

 or " mid-stream " big enough to allow a three-year-old swine, well 

 fed, to stand in it, " so that neither the grouzie nor the tail may wyn 

 till any side." By the early statutes also there is provision that 

 fixed engines which may properly be interpreted as cruives be 

 done away with in the tidal parts of rivers. This stands good to 

 the present day. Unfortunately, the necessity of having a gap or 

 mid-stream in dam dykes and cruive dykes has lapsed or fallen into 

 desuetude, the cruive dyke at Inverawe being the only structure of 

 its kind which does not form a complete barrier across the river. 

 Cruives in fresh waters, although they are held under special charter, 

 have very largely been given up, since this method of fishing is 

 quite inconsistent with the proper ascent and distribution of fish, 

 and materially interferes with the value of neighbouring fisheries. 

 The cruives still fished are on the Conon, the Don, the Earn, the 

 Awe, and the Sol way Dee (the Doachs of Tongueland). The fishing 

 of fixed nets on the open coast had in those early days not been 

 thought of. In connection with the removal of fixed engines where 

 the tide ebbs and flows, it became necessary, however, to determine 

 the limits of estuaries. To a limited extent this was done by the 

 Court, but ultimately was completed by the administrative commis- 

 sion under the 1862 Act and the boundaries of the estuaries in 

 Scotland being scheduled in the 1868 Salmon Act. 



Those three main provisions of the early statutes were thoroughly 

 sound. By clearing the estuaries of fixed engines fish were enabled 

 to enter fresh waters ; by securing a gap in fixed engines in fresh 

 waters fish were further enabled to distribute themselves over the 

 higher reaches, this being also assisted by the operation of the weekly 

 close time which secured at the same time the proper observance of 

 the Sunday while the wisdom of protecting fish from all fishing 

 during the breeding season is exemplified by the creation of the 

 annual close time. 



