Report on Salmon Fisheries. 



xi 



the Salmon Fisheries Acts, and allow obstructions to be placed in 

 the way of fish reaching the natural spawning grounds, is afforded 

 by the present condition of the fishings in the district of the river 

 Nith, to which Mr. Archer draws attention on p. 9. The 

 deplorable state of matters in this district is under the considera- 

 tion of the Nith District Board. During last year the Glasgow 

 Water Commissioners exercised the powers conferred on them by 

 the Act of 1885 (48 and 49 Vic. c. 136), and took from Loch 

 Katrine a greater quantity of water than was authorised by the Act 

 of 1855 (18 and 19 Vic. c. 118). It has become necessary, 

 therefore, to execute the works, and to send down into Loch 

 Achray and the river Teith the additional quantity of compensation 

 water provided for by the later Act. Negotiations are going on 

 between the Commissioners and the proprietors of salmon fisheries 

 on the river Teith regarding these matters. The District Board 

 of the river Annan, whose attention was directed to the present 

 state of the caulds, or dam dykes, on the Kirtle, have called 

 upon the proprietors to alter them so as to bring them into 

 conformity with the regulations laid down in the Commissioners' 

 bye-law (Schedule G, 31 and 32 Vic. cap. 123). 



Two cases involving questions of importance to the salmon Salmon 

 fisheries of Scotland were decided in the Court of Session and in i^j*the"c'onrrof 

 the High Court of Justiciary, respectively, last year, viz. : — Duke of Session. 

 Fife and Others, and Don and Another v. Johnston — it being 

 declared, in the former case, that, in the circumstances set forth, a 

 proprietor of a right of cruive fishing is bound to alter his cruives 

 so as to bring them into conformity with the bye-law (Schedule F, 

 31 and 32 Vic. cap. 123), notwithstanding that they have been 

 maintained and used at their present size for upwards of a hundred 

 years ; and, in the latter case, that a tenant of salmon fishings 

 is an occupier within the meaning of the Act, and cannot evade 

 responsibihty for failure to perform the statutory duty of removing 

 the leaders of bag-nets during the weekly close time by pleading the 

 p. 63. fault of his servants. The report of the former case is given 

 in Note III. of the Appendices. 



p. 72. In Note IV. is criven an abstract of the sumxS raised and expended ^'^"^ , 



1 T-i' i.-j-r» 11- ii T 1 ii-iT«yr -.^^r- andexpendecl 



by District Boards during the year ending the loth May 189o. by District 

 The information is obtained from the Annual Local Taxation P^oards. 

 Ee turns (Scotland) for the year 1894-95, prepared by the Local 

 Government Board for Scotland. 



p- 74. In Note V. is given, so far as the information is available, the Rateable 

 rateable value of the salmon fisheries in districts where Boards Salmon^ 

 have been formed for the years 1881 to 1895 inclusive. In twenty Fishings, 

 districts the information is available in each of the above-mentioned 

 years, viz. : — In the districts of the rivers Annan, Cree, Dee 

 (Solway), Dee (Aberdeen), Deveron, Don, Esk (North), Esk (South), 

 Findhorn, Forth, Girvan, Kyle of Sutherland, Lochy, Ness, Nith, 

 Spey, Tay, Ugie, Ythan, and Tweed. In the following table is 

 given the aggregate value of the fisheries in the above-named 

 districts in the years 1881 to 1895 inclusive, the average value in 



