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Appendices to Second Annual Report 



may be perfectly true, and it may be expedient to abolish fixed 

 engines in these estuaries. But the owners of these engines, who 

 hold a good title, have for centuries had a right to use fixed engines 

 in these localities ; and if they are to be deprived of that right, 

 they ought to be compensated for the deprivation. 



The 3d section of ' The Salmon Fisheries (Scotland) Act, 1862,' 

 provides that 'From and after the 1st day of January 1865 the 

 ' provisions of the said Act, entituled " An Act to Amend the Lav;s 

 8 relating to Fisheries of Salmon in England? shall extend and apply 

 ' salmon fisheries in the waters and on the shores of the Solway 

 ' Firth, situate in Scotland, as the same may be fixed by authority 

 ' of this Act, and to the rivers flowing into the same, in so far as 

 ' such provisions relate to the use of fixed engines for the taking 

 ' of salmon ; provided that all offences against such provisions shall 

 ' be prosecuted and punished as directed by this Act.' The 11th 

 section of the English Act of 1861, here referred to, abolishes fixed 

 engines ' in any inland or tidal waters ;' but it also provides that 

 ' this section shall not affect any ancient right or mode of fishing, 

 ' as lawfully exercised at the time of the passing of this Act, by any 

 ' person, by virtue of any grant, or charter, or immemorial usage.' 



With regard to the exception hi the foregoing clause in favour 

 1 of any ancient right or mode of fishing, as lawfully exercised at 



* the time of the passing of the Act, by virtue of any grant or 

 ' charter or immemorial usage/ the English Salmon Fishery Act of 

 1865 contains the following provision (section 39) : — ' Be it enacted 

 1 that the said provisions shall extend to exempt from the said 11th 

 1 section such fixed engines only as were in use for catching salmon 

 ' during the open season of 1861, in pursuance of an ancient right 

 ' or mode of fishing as lawfully exercised during such open season, 

 ' by virtue of any grant, or charter, or immemorial usage, which 

 ' last-mentioned fixed engines are hereinafter referred to as privileged 



* engines. But, inasmuch as in certain cases fixed engines in use 

 ' during the four years previous to 1861, or one of such years, may 

 ' from temporary causes have been out of use during the year 1861, 

 ' and it is expedient to provide for such cases, it is hereby declared, 

 ' that if it is proved to the satisfaction of the Special Commissioners 

 1 appointed under this Act, that any fixed engine not in use during 

 ' the open season of 1861, was in use during one of the said four 

 ' years, proof of its user during one of such four years may be sub- 

 ' stituted for proof of its user during the open season of 1861 ; so, 

 1 nevertheless, that no person shall by proving the use of different 

 4 fixed engines during the said years be allowed to be entitled to a 

 ' number of privileged engines exceeding the greatest number of 



* such engines in use by him during some one of the years 1857, 

 ' 1858, 1859, 1860, 1861.' It would consequently seem that all 

 fixed engines are illegal, on the Scotch as well as on the English 

 side of the Solway Firth, unless lawfully used at the time 

 of the passing of the Act of 1861 (or one of the four preced- 

 ing years) by virtue of any grant, or charter, or immemorial 

 usage. The English Special Commissioners, who were empowered 

 by the Act of 1865 to adjudicate on the legality of fixed engines, 

 decided in April 1867 that their powers did not comprehend the 



