138 



Appendices to Second Annual Report 



that as Solway Salmon Fisheries Commissioners we had any jurisdiction 

 in regard to Crown fishings. 



But this point was never fairly argued, and looking to the terms of the 

 instructions in § 3 of 40 and 41 Vict. cap. ccxl, and of the general 

 Salmon Fishing Act, 25 and 26 Vict. cap. xcvii., it was thought that the 

 fixed engines on the fishings claimed on behalf of the Crown must be 

 dealt with on the same footing on which fixed engines on the fishings 

 claimed by subjects were disposed of. 



In regard to the fishings on the Dumfriesshire coast, we had the 

 advantage of having all the claims which were put in watched and keenly 

 contested on behalf of other parties interested in English fishings or rivals 

 on the Scotch coast. In only two other cases (one near the mouth of the 

 Urr and the other in the River Cree) had we the advantage of the 

 presence of any contradictor. 



After the evidence was complete and counsel and agents heard, the 

 effect of the whole evidence was considered and notes were issued of the 

 situation and dimensions of the fixed engines, which we were disposed to 

 hold proved to have been in use in the years 1861-64, and of difficulties 

 which occurred as to the legality of that use. Some time was subsequently 

 occupied with farther evidence and argument, and much with representa- 

 tions as to the adjustment of the dimensions and situation of the nets, 

 owing to the imperfect manner in which the particulars had been originally 

 furnished. 



Ultimately all the cases of fixed engines, between Sarkfoot and the 

 Mull of Galloway, brought under notice were disposed of, and either 

 certificates of privilege or warrants of removal were issued, except in 

 regard to some nets of the kind known as paidle nets. 



A table of the results arrived at has been prepared, their substance may 

 be thus stated. As the figures given do not exactly correspond either 

 with the police reports or the claims made, it may be explained that 

 engines recently used have been dealt with, whether reported to us or 

 claimed as privileged or not. 



I. D UMFRIESSHIRE. 



It was reported by the police that there were in use 36 salmon 

 stake nets with 112 pockets. 



Claims were lodged for 134 pockets without specifying the 

 number of stake nets. 



Certificates of privilege have been granted for 34 stake nets with 126 

 pockets, and 4 stake nets and 17 pockets were ordered to be removed. 



The police also reported the use in 1877 of another class of fixed 

 engines for taking salmon, namely, poke nets which are used in 1 clouts ' 

 of 3 or 4 pockets each, viz., 600 clouts embracing 2435 pockets. 



There were claimed by fishing proprietors 1100 clouts, embracing 

 4400 pockets. 



There have been sanctioned 550 clouts with 2200 pockets ; and 560 

 clouts of 2400 pockets have been ordered to be removed. 



A third class of fixed engine known as ' paidle nets ' was reported by 

 the police as in use for taking white fish and salmon — 40 were reported 

 with 42 pockets. 



Mr Mackenzie of Newbie, a proprietor of salmon fishing, appeared and 

 alleged of 1 3 of these, that they were within his fisheries, and erected and 

 used for the taking of salmon. These nets stand in a very peculiar 

 position. Litigation had been going on between several of the owners of 

 them and Mr Mackenzie, who sought to have them put down, as injurious 



