166 NEW SOUTH WALES 
(including crustaceans and molluscs), and of taking all such fish so long 
as the license is in operation, te. so long as the terms and conditions 
subject to which it was granted shall be faithfully complied with. More- 
over, the licensee will now be in'a position to prosecute any persons who 
steal any such fish from his fishery, or who trespass within its limits. 
The grant empowers him to cut a trench or passage through the shore 
and to construct a sluice to admit the tidal water to his fishery, and any 
public rights-of-way or of navigation over his fishery, and of taking fish 
therein, are wholly abrogated by the grant. On the other hand, certain 
obligations are cast on. the grantee or proprietor of the fishery. He will 
be required to construct and maintain substantial bridges of prescribed 
dimensions across any trenches or cuttings of the shore; also to mark 
the boundaries of the fishery by stakes or as prescribed by the regula- 
tions. A private fishery will pass as an incorporeal hereditament 
appurtenant to and with the ownership of the soil. Although not in 
terms granted as a franchise, it will more resemble a franchise than any 
other incorporeal hereditament. The licensee or grantee of the fishery 
will of course always remain liable to the Crown for the fulfilment of 
the conditions of the grant. The property in fish in a private fishery 
will vest in the owner of the fishery prior to, and not merely after, 
capture, as in the case of common of piscary. 
Limits oF JURISDICTION. 
The fourth section of the Fisheries Act, after declaring that the duty 
of protecting, developing, and regulating the public fisheries of the 
Colony shall be vested in the Commissioners appointed under the Act, 
enacts that the duties, powers, and authority of the Commissioners shall 
extend to the territorial limits of the Colony. What those limits are on 
the northern, western, and southern boundaries has been settled by 
statute, and there is therefore no doubt or difficulty in respect of the 
inland boundary-lines. By virtue of the Imperial Acts 14 Vic. c. 59, 
18 and 19 Vic. c. 54, and the Order in Council thereunder of 6 June, 
1859, validated by the next cited Act, 24 and 25 Vic. « 44, and an 
Order in Council of 9 August, 1872,* the territory of New South Wales 
is defined on the northern boundary by a line extending from Point 
Danger, a short distance to the northward of the Tweed River, to the 
head waters of the Macintyre River, where the 29th parallel of south 
latitude impinges on that river; thence westward by that parallel to its 
intersection by the 141st meridian of east longitude; southward, along 
that meridian to the waters of the river Murray ; and eastward by the 
southern bank of that river to a point where a straight line from Cape 
Howe touches the nearest source of that river. By the 5th section of 
18 and 19 Vic., c. 54, it is declared “That the whole watercourse of the 
said river Murray, from its source therein described to the eastern 
boundary of the Colony of South Australia, is and shall be within the 
territory of New South Wales: Provided nevertheless, that it shall be 
lawful for the Legislatures, and for the proper officers of Customs of both 
of the said Colonies of New South Wales and Victoria, to make regula- 
tions for the levying of Customs Duties on articles imported into the said 
two Colonies respectively by way of the river Murray, and for the 
* See Despatch relating to Pental Island. Votes and Proceedings, 1872-8, p. 519. 
