SALMON-FISHEEY OF SCOTLAND. 16^ 



most wantonly ordered to be demolished by the Under-SberifF, 

 whose jurisdiction only extended to seven years, though its 

 legality was neither struck at by the statutes, nor by any 

 decision of the Court ; yet these instances of judicial oppres- 

 sion were quietly submitted to, as a less evil than entering 

 into that gulf of litigation, the Court of Session, in quest of 

 redress ever uncertain, and always accompanied by the most 

 ruinous expense. In short, it seems to be the fate of the 

 salmon-fishery to have obstructions thrown in. the way of its 

 improvement in every quarter ; and this is likely to continue 

 to be the case until the true nature of the fishery be better 

 understood, when it is possible that the interest of ^he/puUic, 

 if not justice to individuals, may force the Courts of Law to 

 adopt a different system or mode of procedure. 



In the mean time, we would strongly recommend to the 

 owners of the rivers to join, and try another sea stake-net case, 

 say from Montrose, and another jus tertii case from somewhere 

 else, for the purpose of having the law on these important 

 points fully settled upon proper principles, and set finally at 

 rest. 



P.S. — It was forgotten to be stated in the proper place, that 

 if we appeal to nature for the termination of the sea or of a 

 river, we may find it. The attraction of the moon raises the 

 sea above its natural level, and produces the tidal wave. Now 

 it appears to us that the line of coast, the margin of the sea, 

 should be that which the sea exhibits when there is no external 

 cause operating upon it. Were the attraction of the heavenly 

 bodies removed, the margin of the sea would be the line shown 

 at what we call low water, which is in reality its natural 

 margin. This doctrine, if it have not the ingenuity of those 

 of Messrs Jardine and Steavenson, has at least truth and sim- 

 plicity and nature on its side ; and we venture to state that, 

 when our forefathers made the cruelly misinterpreted laws 



