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Appendices to Thirteenth Annual Report 



1639, V. App. In the minutes of the Parliaments of Charles I. the following occurs : — 

 613, b. 1 Act anent cruves togidder with the supplicatione presented therewith 



1 craving that the Acts anent Setterdaies slop, mid-streame, and distance of 

 1 heckis may be ratified with some additions. The Lord Halkertone and 

 ' Craigievar being hard for the Act and supplicatione red and refuised in 



* Articles.' 



1661, c. 320, The Act, Charles II. 1661, cap. 320, re-enacted the earlier statutes. 



VII. 292. The preamble referred to the Acts 16, Alexander II., 11th Act of 1st 



Parliament of James I., 73 Act of 10th Parliament of James III., the 15th 

 Act of 2nd Parliament of James IV., 16th Act of 4th Parliament of James 

 V., 68th Act of 9th Parliament of Mary, and the 111th Act of 7th Parlia- 

 ment of James VI., as ordaining that all who have cruives and yairs in 

 fresh waters should not suffer them to stand in forbidden time, and should 

 observe the Saturday's slop, the mid-stream, and such a distance and 

 largeness between the hecks of the said cruives as is contained at more 

 length in said Acts. The preamble then goes on to explain that, notwith- 

 standing these Acts, the owners of the said cruives and yairs, taking 

 advantage of the trouble of the times, and the neglect of the Sheriffs in 

 not putting the Acts in execution, did not observe the said Acts, to the 

 great prejudice of those having right to salmon fishing above the said 

 cruives. Accordingly, the King and Estates not only ratified and approved 

 the whole said statutes, but also declared the same to stand and to be of 

 full force and strength and to receive due execution. The Act further 

 enacted additional penalties. 



This Act re-enacted all the old laws in a most complete and satisfactory 

 manner, and ex facie is perfectly regular. In the case of Heritors of Don 

 v. Town of Aberdeen (M. 10,840), in the year 1667, this Act was founded 

 on, and in answer it was stated that it had been impetrated by the pursuers 

 in the case and had never been passed in the articles, nor been noticed by 

 Parliament but as an ordinary confirmation. In judgment, the Lords, 

 ' considering that the mid-stream has been long in desuetude, and that 

 1 this late ratification was passed without notice, therefore ordained the 

 ' parties to adduce witnesses whether the middle streams was accustomed 

 1 in any cruives in Scotland.' This seems a high-handed way of riding 

 over an Act of Parliament, but, in point of fact, the statute would 

 seem to have been totally disregarded in the law courts. 

 1685, c. 24, By Act, James VII. 1685, cap. 24, passed for the preservation of 



VIII. 476, a. game, reference was made to salmon fishing as follows: — 'Whereas by 



1 the 11th Act Parliament first King James I., cruives and zairs set 

 ' on fresh water, without express infeftment of salmond fishing, are 

 1 ordained to be destroyed and put away for ever, and that where cruves 



* are allowed by infeftments that ilk heck be three inch wide, which is 

 1 ratified by the 73rd Act of Parliament 10 James III., and by the 87th 

 1 Act of Parliament 14 James II., it is statute that no man set vessels, 

 1 creiles, weires, nets, or any other engine to hinder smolts from going 

 1 to the sea, and that coups, masses, nets, prins, set on waters that has 

 ' course to the sea, be destroyed. . . .' 



Item. ' That all millers that slays smoltes or trouts with creiles or 

 1 any other engyne, or any who have dams or laves, shall be punishable 

 1 as slayers of red fish conform to the (thirty-seven) Act of Parliament 

 ' 5 James III., and, where the transgressors have no means, they are 

 ' appointed to be put in prison irons, . . . conform to 89 Act of 

 ' Parliament 6 James VI. . . . Which good and antient laws, yet 

 ■ standing unrepealed or innovat, we have thought fit hereby to revive 

 ' and ordain to be put in execution. Ordaining hereby the masters of 



* our game to require all heretors and others to throw down all cruives 

 ( and zairs set on fresh waters, without express infeftment of salmond 

 1 fishing, betwixt and the first day of July next.' 



