of the Fishery Board for Scotland. 



137 



APPENDIX II. 



MEMORANDUM by the SPECIAL COMMISSIONERS FOR 

 SOL WAY FISHERIES as to their Proceedings under the Act 

 40 and 41 Vict. cap. ccxl. 



We have now concluded the work committed to us — of carry- 

 ing out the Act 40 & 41 Vict. cap. ccxl., and although we have 

 received no instructions to report our proceedings, it may be convenient 

 that we combine in a short narrative a statement of what has been done. 

 Our task has been attended with much more labour, and has occupied 

 much longer time than was at first anticipated. Although the Royal 

 Warrant under which we have acted was signed in August 1877, it was 

 not till October of that year that we had a clerk or secretary, and until 

 he was appointed the work was necessarily at a stand. 



It would have been inexpedient to have commenced any public inquiry 

 till the fishing season of 1878 had opened, when we could, by personal 

 inspection, inform ourselves as to the character of the fixed engines we 

 were to deal with, so we endeavoured to utilise the intervening time by 

 ascertaining, through the constabulary of the counties of Dumfries, 

 Kirkcudbright, and Wigtown, the number and construction of the fixed 

 engines actually in use for the capture of salmon at the date of the passing 

 of the Act, and we received from them all the information we expected 

 with great promptitude and general accuracy. 



With the aid of this information and the Valuation Rolls of the various 

 counties, we also attempted by correspondence with the coast proprietors 

 to find out the number of fixed engines for which certificates of privilege 

 were to be claimed, and the nature of the titles on which they based their 

 claims to have right to take salmon by means of them. 



Had we obtained from the proprietors of the fishings or their tenants 

 the full information and production of titles which we expected, it might 

 have saved a good deal of time. Few, however, responded at once in a 

 distinct and definite form, and we were compelled to fix our statutory 

 courts, which the statute seemed to indicate should be held in the 

 neighbourhood of the fishings, and of which twenty-eight days' notice 

 had to be given, so as roughly to apportion between the towns of Annan, 

 Kirkcudbright, and Wigtown, the time which had been suggested to us as 

 likely to be occupied by our inquiry. 



We very soon found that this was inadequate, and in order not to lose 

 the benefit of the advertisements which had been issued, and to save time 

 and expense to all concerned, we had to leave Annan and afterwards 

 Kirkcudbright without having completed the taking of the evidence, 

 adjourning our courts to future days for the conclusion of the evidence, 

 and arranging to hear in Edinburgh any arguments that parties might 

 desire to submit. 



Some delay and expense was occasioned by the action of the Commis- 

 sioners of H.M. Woods and Forests and the tenants of their fishings. 

 Most of the latter at one time claimed temporary certificates of privilege, 

 on the footing that their leases were Crown grants ; but, on finding that 

 the Commissioners of Her Majesty's Woods and Forests were making no 

 appearance on behalf of the Crown, most of them declined to insist on 

 their claims. 



At a later stage, the Commissioners of Her Majesty's Woods and 

 Forests did lodge claims, and a day was fixed for hearing them, but 

 afterwards they resolved not to appear, and they never fully admitted 



