402 



Appendices to Fifth Annual Report 



Note. — The Commissioners would recommend the following details to be 

 adopted in the construction of salmon-ladders, in addition to those 

 given in the foregoing bye-law, but do not insist on them, provided 

 some other perfectly efficient arrangement be substituted, viz., the 

 side walls to be not less than 22 inches in height ; the breaks to be 

 not less than 18 inches in height, with openings of 10 inches in 

 breadth at the alternate ends of each break, and 5 feet apart in cases 

 where the gradient of the ladder is 1 in 5 and of a greater distance, 

 but the same proportions being maintained where the gradient is easier 

 than 1 in 5. 



7. No dam shall be so altered as to create a greater obstruction to the free 

 passage of fish than at present exists. 



(Signed) Wm. J. Ffennell, ^ 



Fred. Eden, } Commissioners. 

 James Leslie, J 



r Fisheries Department, 

 Home Office, 29th day of April 1865. 



Approved. 

 G. Grey. 



Whitehall, 19th July 1805. 



(This bye-law to take effect from the 28th July 1865.) 



NOTE IV. — APPENDIX G. 



i Two cases involving questions of great importance connected with the 

 Salmon Fisheries in Scotland have been decided in the Court of Session 

 since my last Report, namely, the case of the Duke of Buccleuch and Others 

 v. Lord Herries and Others, 10th December 1886, and the case of Bowie 

 v. the Marquis of Ailsa, 18th March 1877 ; — the former declaring Paidle- 

 Nets to be illegal in the River Nith and its estuary ; and the latter declar- 

 ing the Doon to be a private, and not a public river, even in that part of it 

 which is tidal. The reports of these Cases are given below. 



Duke of Buccleuch and Others v. Lord Herries and Others. 

 In this case the Duke of Buccleuch and Queensberry, K.G., General 

 Johnston of Carnsalloch, and William Francis Hunter Arundell of Barjarg, 

 were the pursuers, and Lord Herries of Terregles, and six of his fishing 

 tenants, the defenders. The conclusions of the summons were that it ' ought 

 ' and should be found and declared, by decree of the Lords of our Council and 

 ' Session, that the defenders are not entitled to erect and use stake-nets, paidle- 

 ' nets, or other fixed engines on the River Nith, or estuary thereof, or upon 

 ' the sands and shores between high and low water mark within the limits 

 ' of the district of the River Nith fixed and defined by the Commissioners act- 

 ' ing under The Salmon Fisheries (Scotland) Act, 1862 ; and that the stake - 

 ' nets, paidle-nets, or other fixed engines, erected and used by the defenders 

 ' between Kenneth Bank, in the parish of Carlaverock, and a line drawn due 

 ' east from Carsethorn, in the stewartry of Kirkcudbright, and upon the 

 ' Blackshaw Bank, are upon the said river or estuary, or on the said sands 

 ' and shores between high and low water mark within the foresaid limits : 

 ' and the defenders ought and should be decerned and ordained, by decree 

 ' foresaid, to remove the stake-nets, paidle-nets, or other fixed engines erected 

 * and used by them as aforesaid : and ought and should be interdicted, pro- 



