68 Appendices to Thirteenth Annual Report 



1812, Faculty Collection 537). When the statute was re-enacted in 1477 

 the word ' fresh/ applying to tidal waters, was omitted. 

 1424, c. 11, The Act, James I. 1424, cap. 35, ordained a close time for salmon from 

 L 5 - the feast of Assumption of the Virgin to the feast of St Andrews in 



winter, 'nouther with nettes nor cruves, nor nane utherwaies.' This Act 

 was repealed in 1828 by Home-Drummond's Act (9 Geo. IV. cap. 39). 

 1427, c. 6, By the Act, James I. 1427, cap. 6, the King continued the statute for the 



IL 16 - putting away and destroying cruives in 1 waters that fill and ebb, for three 



' years to come ' in form and to effect as was enacted by the first 

 parliament. 



1130, c. 22, The Act, James I. 1431, cap. 131, ordained that the statute of fishing 



II. 19. 0 f salmon made by the King that 1 now is ' should be firmly kept ' out 



1 takand the waters of Sol way and Tweede, quhilkis sail be reddie to ale 

 ' Scottish men ale times of the year, als lang as Berwick and Roxburgh 

 ' are in the English minnis handes.' 



1157, o. 33, The Act, James II. 1457, cap. 85, fixed penalties for the slaughter of 



II. 33. red fish in forbidden time. 



1457 c. 34. The Act, James II. 1457, cap. 86, ordained that no man in smolt time 

 11.51. 'set veschelles, creilles, weires, or ony ither ingine to let the smolts to 



' goe to the sea,' and ' that the Sheriff of the land destroy them that 



' are maid.' 



1469, c. 13, The Act, James III.' 1469, cap. 37, did not apply to cruives, but it 

 II. 96. enacted that all 1 cowpes and pyrnes ' set in rivers that had course to the 



sea or set within the flood mark of the sea should be destroyed and put 

 away for three years, and that those who held them up should be punished 

 after the tenor of the Act of slaughter of red fish (1457, cap. 85). In 

 Kintore v. Forbes case this Act was held not to apply to the ordinary 

 sea-shore. 



1478,^. 6, By the Act, James III. 1477, cap. 73, the statute of James I. 1424, 



cap. 11, was re-enacted and made perpetual, but in quoting that Act 

 two discrepancies occur. One, the omission of the word ' fresh ' in 

 referring to the waters where the tide ebbs and flows (this omission, 

 as already pointed out, no doubt correcting an error in the quoted 

 statute), and the other, the addition of the provision for a mid-stream. 

 After providing for the total destruction of cruives where the tide ebbs 

 and flows, the Act proceeds, 1 and that they that has cruives in fresh 

 ' waters, that they goe and keep the laws anent Satterdaie's slop, and 

 ' suffer them not to stand in forbidden time under the samin paine. 

 ' And that ilk heck of the cruives be three inch wide, as the auld statute 

 1 requiris maid by King David, and that the mid streme be left free the 

 1 space of six fute.' 



1488, c. 16, By the Act, James IV. 1488, cap. 16, all cruives and fish dams in salt 

 II. 211. waters where the sea ebbs and flows were ordered to be utterly destroyed 



and put down, ' as well as those belonging to the King as to others ' 

 through all the realm ; and, as to cruives in fresh waters, that they 

 1 should be made of such largeness, and such days kept,' as was ordered 

 by former statutes. 



1489, c. 16, The Act, James IV. 1489, cap. 15, ordained that the Acts and 

 II. 221. statutes made before anent cruives should be observed and ' keiped.' 



After making provision for the destruction of illegal cruives, the Act 

 proceeds, ' and anent the cruves that stands in freshe waters, that they 

 ' stand not in forbidden time j and let the mid-streame be always free, 

 ' be the space of five fute. And that the Satterdaie's slop be observed 

 ' and keiped as the Acte and statute maid by King David requires. 

 1 And that ilk heck of the cruves be five inches wide, according to the 

 ' samin statute.' This Act further prohibited millers and others from 

 setting nets, &c, in mill dams, &c. 



