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Appendices to Sixteenth Aomual Report 



" It appears to me, therefore, that regulations altering or modifying- 

 " the existing regulations are not in the sense of the Act interference 

 " with the right of fishing, but merely with the mode and manner in 

 " which such right shall be exercised. 



" In this case one of the conditions or regulations under which the 

 Duke's right was exercised was that the cruive should be at least an 

 " ell in height and an ell in breadth, that is 37 inches. 



" One of the general regulations issued by the Commissioners requircv^; 

 " that no cruive shall be less than 4 feet broad in the clear. It appears 

 to me that this regulation does not interfere with the Duke's right of 

 " fishing, but is merely an alteration of the conditions on which it is to- 

 " be exercised, and that his Grace is bound to conform to it. 



" It is said, however, that if the cruives are so widened, his supply of 

 " water to the Rack Mill may or will be prejudicially afiected. It 

 ' appears to me, however, that his right to take water is not interfered 

 ' with by the regulations. 



" I think that the fii'st question should be answered in the- 

 ' negative. , 



" I think the second and third questions should also be answered in 

 ' the negative. I think the Duke is not bound to widen the cruives 

 ' unless he pleases, and that the Fishery Board are not entitled to- 

 ' widen them. 



'* The remedy is that if the Duke proceeds to fish with cruives of a 

 • less breadth than 4 feet he may be stopped by interdict." 



Lord M'Laren said : — 



" I concur with your Lordship in the chaii-. We must assume that 

 ' the Commissioners have a statutory power of regulation, and there- 

 ' fore it is not an answer or good objection to a regulation of this kind 

 ' that the mode of enjoyment of the right of fishing is altered in some 

 ' respects — and nothing more, I think, has been said in this case. It 

 ' is substantially still a right of cruive fishing. At the same time it is 

 ' perfectly plain that the Commissioners cannot, under the guise of 

 ' regulation, take away or substantially diminish the rights of a 

 ' proprietor of salmon fishing ; and it was for the purpose of safeguard- 

 ' ing these rights that the clause in question was inserted." 



Lord Kinnear said : — 



" I also agree with your Lordship. With reference to the last point 

 ' in Lord Adam's opinion, in which he pointed out that the remedy of 

 ' the Fishery Board, if the Duke of Fife's cruives do not conform to the 

 ' regulations, is not to compel him to make them conform, but to prevent 

 ' him fishing — to interdict his making use of the cruives. Now that 

 ' may be, but it does not appear to me that by answering the second 

 ' question in the affirmative we are deciding anything contrary to Lord 



