of the Fishery Board for Scotland. 



65 



APPENDIX IV. 



LEGAL DECISIONS RESPECTING SALMON FISHERIES. 



Two important cases have been decided since the publication of last 

 Annual Report. 



(a) The Lord Advocate v. Balfour, with regard to Crown Rights 



of Salmon Fishing in Orkney. The decision of Lord 

 Johnston that, in Orkney, Salmon Fishing is not inter 

 regalia, but is under Udal tenure, has been acquiesced in 

 by the Crown. 



(b) Middleton v. Tough, with regard to the observance of the 



Weekly Close Time by Coast fishers. This case was tried 

 before a full bench in the Justiciary Court, the finding, in 

 brief, being that when it is impossible, owing to bad weather, 

 to remove leaders on Saturday night, it is necessary to do so 

 whenever the weather permits, and that the objection re- 

 specting Sunday labour is no valid excuse. 



W. L. Calderwood. 



FROM "THE SCOTS LAW TIMES "—REPORTS Vol. 15. 



Part I. 



A. 



OUTER HOUSE. 

 {Lord Johnston.) 



The Lord Advocate v. Balfour. 



This was an action at the instance of the Lord Advocate on behalf 

 of the Crown ard the Commissioners of Woods, Forests, and Land 

 Revenues, against Colonel James William Balfour of Balfour and Tren- 

 abie in the County of Orkney, to have it declared " that the whole sal- 

 mon trout fishings, sea trout fishings, and the fishings for all other mi- 

 gratory salmonidae in the loch and burn of Kirbister, in the parish of 

 Orphir," Orkney, belonged to the Crown "jure coronal, and form part of 

 the hereditary revenues of the Crown in Scotland," and that the defender 

 had no right to take the same, and should be interdicted from so doing. 



After a statement of the law under which the defender and his authors 

 had acquired and held their land, viz,, the udal law applicable to the 

 Orkney islands, the defender pleaded: (1) All parties not called; (2) 

 No title to sue ; (3) Pursuer's averments irrelevant ; (4) The right of 

 fishing for sea trout not being inter regalia, the defender should be 

 assoilzied from the conclusion of the Summons relating to sea trout . . 



