52 
not be applied to all fixed engines, wherever situate, 
standing on the property of the Crown. It would per- 
haps be unjust to apply the same rule to fixed engines 
on private property. Property acquired by prescription 
has a prescriptive right to exist ; but even in this case 
we think that there would be no hardship in compelling 
the proprietor of a fixed engine to state the nature of 
the engines which he considered he was entitled to use, 
and to allow him _ thenceforward only to use such as had 
been actually worked during some time in the previous 
ten years.” 
The conclusion of the Commission in regard to these 
forms of apparatus is stated as follows : 
1. That fixed engines confer a monopoly upon par- 
ticular fishermen, which is opposed to the ordinary 
principles of legislation. 
2. That those fixed engines which are erected on 
foreshore, the property of the Crown, should be 
abolished on the termination of the existing leases or 
lives on which they are held. 
3. That no new fixed engine should be erected on 
either public or private property. 
Passing now to the Trawling Commission of 1885 
which pursued the same line of inquiry as the previous 
Commission already alluded to, we find the following 
conclusions and recommendations based upon the re- 
sults of their labors: 
SUMMARY OF CONCLUSIONS. 
I. In territorial waters from the Moray Firth to 
Grimsby— 
(a) A falling off of flat fish. 
(b) A decrease of haddock in certain places. 
II. In offshore waters. 
No decrease in the total take of fish in the 
North Sea, except in the case of soles. 
