not pass with or as appurtenant to the land on the banks of the canal, because it is not appurtenant, or capable of being made appurtenant to land, and therefore is not capable of being reputed to be appurtenant to land (f). The riparian ownership presumption can hardly apply to a canal, as the right of fishing there is the creation of statute and its extent can be ascertained from the Canal Act.

Statutory Regulations Affecting Fishery.

enactments

The statute laws relating to fishery, and framed for the pro- General tection of fish as a valuable source of food supply, are chiefly for protection important as regulating the season during which fish may be of fish. caught, and the means which may be employed in catching them. In addition to this, the Larceny Act, 1861 (24 & 25 Vict. c. 96), Larceny Act. and the Larceny Act, 1916 (6 Geo. 5. c. 50), declare the law with regard to poaching fish, and the Malicious Damage Act, 1861 (24 & 25 Vict. c. 97) s. 32, as amended by the Salmon and Freshwater Fisheries Act, 1923, the law with regard to malicious injury to fishponds and private fisheries.

The statutes relating to fisheries now in force are set out in the notes below.

FISHERIES UNDER INTERNATIONAL CONVENTION.

North American Fisheries Act, 1819
(59 Geo. 3. c. 38).

Sea Fisheries Act, 1843 (6 & 7
Vict. c. 79).

Sea Fisheries Act, 1868 (31 & 32
Vict. c. 45).

Treaty of Washington Act, 1872
(35 & 36 Vict. c. 45).

Seal Fishery Act, 1875 (38 & 39
Vict. c. 18).

Sea Fisheries Act, 1883 (46 & 47
Vict. c. 22).

Fisheries Act, 1891 (54 & 55 Vict.
c. 37).

North Sea Fisheries Act, 1893 (56 &
57 Vict. c. 17).

Behring Sea Award Act, 1894 (57
& 58 Vict. c. 2).

Seal Fisheries (North Pacific) Act,
1895 (58 & 59 Vict. c. 21).
Anglo-French Convention Act, 1904
(4 Ed. 7. c. 33).

Seal Fisheries (North Pacific) Act,
1912 (2 & 3 Geo. 5. c. 10).
Grey Seals Protection Act, 1914
(4 & 5 Geo. 5. c. 3).

FISHERIES-ENGLAND AND WALES.

Magna Charta (9 Hen. 3. c. 23).
Prerogativa Regis c. 13 (temp. incert).
Pilchards, 1603 (1 Jas. 1. c. 23).
Medway Oysters, 1728 (2 Geo. 2.
c. 19).

Thames and Medway, 1756 (30
Geo. 2. c. 21).

White Herring Fisheries Act, 1771
(11 Geo. 3. c. 31, ss. 11—13).
Severn and Verniew, 1777 (18 Geo.
3. c. 33).

Larceny Act, 1861 (24 & 25 Vict. c. 96, ss. 24-26).

Malicious Damage Act, 1861 (24 &
25 Vict. c. 97, s. 32).

Sea Fisheries Act, 1868 (31 & 32
Vict. c. 45).

Medway Oysters, 1867 (31 & 32
Vict. c. 53).

Sea Fisheries Act, 1868 (32 & 33
Vict. c. 31, s. 2).

Fisheries (Oysters, &c.) Act, 1877 (40
& 41 Vict. c. 42).

Sea Fisheries Act, 1883 (46 & 47
Vict. c. 22).

(f) Staffordshire and Worcester Canal Navigation v. Bradley, [1912] 1 Ch. 91; 81 L. J. Ch. 147.

FISHERIES-ENGLAND AND WALES-continued.

Sea Fisheries Act, 1884 (47 & 48
Vict. c. 27).

The Crown Lands Act, 1885 (48 & 49
Vict. c. 79, s. 3).

Sea Fisheries Regulation Act, 1888
(51 & 52 Vict. c. 54).

Fisheries Act, 1891 (54 & 55 Vict.
c. 37).

Sea Fisheries (Shell Fish) Regulation.
Act, 1894 (57 & 58 Vict. c. 26).

SCOTLAND.

IRELAND.

1 & 2 Will. 4. c. 33, s. 106.
Fisheries (Ireland) Act, 1842 (5 & 6
Vict. c. 10€).

Fisheries (Ireland) Act, 1844 (7 & 8
Vict. c. 108).

Fisheries (Ireland) Act, 1845 (8 & 9
Vict. c. 108).

9 & 10 Vict. c. 86, ss. 3, 4.
Fisheries (Ireland) Act, 1847 (11 & 12
Vict. c. 92).

Fisheries (Ireland) Act, 1850 (13 &
14 Vict. c. 88).

Salmon Acts Amendment Act, 1863
(26 & 27 Vict. c. 10).

Salmon Fishery (Ireland) Act, 1863
(26 & 27 Vict. c. 114).
Oyster Beds (Ireland) Act, 1866 (29
& 30 Vict. c. 88, ss. 1 & 2).
Oyster Fishery (Ireland) Amendment
Act, 1866 (29 & 30 Vict. c. 97).
Sea Fisheries Act, 1868 (31 & 32
Vict. c. 45).

Salmon Fisheries (Ireland) Act, 1869
(32 & 33 Vict. c. 9, ss. 3 & 4).
Fisheries (Ireland) Act, 1869 (32
& 33 Vict. c. 92).

Salmon Acts Amendment Act, 1870
(33 & 34 Vict. c. 33, s. 3).
Irish Reproductive Loan Fund Act,
1874 (37 & 38 Vict. c. 86, ss. 4,
5 & 11)

Fisheries (Oyster, Crab and Lobster)
Act, 1877 (40 & 41 Vict. c. 42).
Fisheries (Dynamite) Act, 1877 (40
& 41 Vict. c. 65).

Land Law (Ireland) Act, 1881 (44
& 45 Vict. c. 49, s. 5).

Pollen Fishing (Ireland) Act, 1881 (44 & 45 Vict. c. 66).

Irish Reproductive Loan Fund
Amendment Act, 1882 (45 & 46
Vict. c. 16).

Sea Fisheries Act, 1883 (46 &
47 Vict. c. 22, s. 9).

Sea and Coast Fisheries Fund (Ire-
land) Act, 1884 (47 & 48 Vict. c.
21).

Act,

Oyster Cultivation (Ireland)
1884 (47 & 48 Vict. c. 48).
Fishery (Ireland) Act, 1888 (51 & 52
Vict. c. 30).

Steam Trawling (Ireland) Act, 1889
(52 & 53 Vict. c. 74).

Pollen Fisheries (Ireland) Act, 1891
(54 & 55 Vict. c. 20).
Purchase of Land (Ireland) Act, 1891
(54 & 55 Vict. c. 48, s. 35).
Public Works Loans Act, 1892 (55 &
56 Vict. c. 61, s. 4).

Supreme Court of Judicature (Ire

land) Act, 1897 (60 & 61 Vict. c. 17).
Mussels, Periwinkles and Cockles
(Ireland) Act, 1898 (61 & 62 Vict.
c. 28).
Fisheries

(Ireland) Act, 1901 (1
Edw. 7. c. 38).

Whale Fisheries (Ireland) Act, 1908
(8 Edw. 7. c. 31).

Trawling in Prohibited Areas Pre-
vention Act, 1909 (9 Edw. 7. c. 8).
Fisheries (Ireland) Act, 1909 (9
Edw. 7. c. 25).

Larceny Act, 1916 (6 & 7 Geo. 5.
c. 50).

Salmon and Freshwater Fisheries Act,
1921 (11 & 12 Geo. 5. c. 38).

It is proposed to consider shortly the principal of these Acts, so far as they relate to the United Kingdom and the territorial waters adjacent, and then to treat of the various restrictions imposed by them. Finally, a sketch will be given of the law relating to the poaching of fish.

The fisheries (h) in certain seas outside the territorial waters Foreign are the subject of conventions between Great Britain and other conventions. nations which have been sanctioned by the Legislature. With regard to the fisheries in the waters outside the territorial waters of Great Britain and the neighbouring countries on the Continent, the effect of convention and legislation is this. In the waters between England and Ireland and the coast of France, except a portion of Granville Bay, which is treated as being within the exclusive fishing limits of France, French fishing boats are regulated by the Sea Fisheries Act, 1843 (6 & 7 Vict. c. 79), and the Conven

(h) Encyclopædia of Laws of England (2nd ed.), vol. xiii., p. 184.

Oyster

fisheries..

tion scheduled thereto (i). British ships in this area are governed by the provisions of the Sea Fisheries Act, 1883 (46 & 47 Vict. c. 22) and Article II. of the Convention scheduled to the Sea Fisheries Act, 1868 (31 & 32 Vict. c. 35) (k).

In the North Sea, as defined by Article IV. of the Convention scheduled to the Sea Fisheries Act, 1883, British, French, Belgian, Dutch, Danish and German fishing boats are governed by the Sea Fisheries Act, 1883, and the North Sea Fisheries Act, 1893 (1), and further British and Belgian vessels are subject to Part I. of the Fisheries Act, 1891 (m).

The fishing around the Faroe Islands and Iceland is the subject of a Convention between Great Britain and Denmark, and in the area in which fishing is permitted the fishermen are gove:ned by the Sea Fisheries Act, 1883 (n).

In that portion of the North Sea comprised within a line from Duncansby Head in Caithness to Rattray Point in Aberdeenshire, the provisions of the Herring Fishery (Scotland) Act, 1889, and the Trawling in Prohibited Areas Prevention Act, 1909 (0), also apply.

By Part III. of the Sea Fisheries Act, 1868 (31 & 32 Vict. c. 45), it is provided that the Board of Trade (now the Minister of Agriculture and Fisheries (p)) may make an order for the establish- · ment or improvement of oyster (q) or mussel fisheries on the shore or bed of the sea, or of an estuary or tidal river, and after notice given and the inquiry and report of an inspector, may either confirm such order or not as seems fit (r). This part of the Act as to

(i) See the Fisheries (Oyster, Crab, and Lobster) Act, 1877 (40 & 41 Vict. c. 42), s. 15, and Sea Fisheries Act, 1883 (46 & 47 Vict. c. 22), s. 24. An action cannot be maintained for damages caused by a breach of any of the regulations of the Convention scheduled to the Sea Fisheries Act, 1843, as exclusive jurisdiction in such matters is given to the tribunal specified in the Act: Marshall v. Nickolls, 18 Q. B. 882; 21 L. J. Q. B. 343.

(k) Sea Fisheries Act, 1883 (46 & 47 Vict. c. 22), s. 30.

(1) 56 & 57 Vict. c. 17, relating to the supply of liquor to fishing-boats. (m) 54 & 55 Vict. c. 37, dealing with complaints as to damage done by the fishermen of one country to the fishermen of the other country and their fishing gear.

(n) Order in Council, March 12, 1903 (St. R. & Orders, 1903, No. 214). The limits are: On the south, a line commencing from where the meridian of North Unst Lighthouse meets the parallel of 61° N. to a point where the 9° meridian of west longitude meets the parallel of 60 N., and from thence westward along that parallel to the meridian of 27° W. On the north by the parallel 67° 30" N.; on the east, by the meridian of North Unst Lighthouse.

(0) 52 & 53 Vict. c. 23; 9 Edw. 7. c. 8. See ante, p. 15 et seq.
(p) 10 & 11 Geo. 5. c. 91.

(q) It was intended that oyster fishing in beds between England and France outside the exclusive fishery limits should be regulated under the convention of 1867, and Part II. of the Act of 1868, but the convention has not come into force (see Index to St. R. & O. 1913); but section 12 of the Act of 1868 is in force see Sea Fisheries Act, 1883, s. 30.

(r) Where any portion of the sea shore proposed to be comprised in an order is under the management of the Board of Trade the order shall not be made without the consent of the Board; 3 Edw. 7. c. 31, s. 1, sub-s. 7. Where a municipal corporation has obtained an order from the Board of Trade,

oysters is now extended to cockles by the Sea Fisheries Act, 1881 (47 & 48 Vict. c. 27). No order is to be valid until confirmed by Act of Parliament. When such order has been confirmed, the grantee, subject to such restrictions as the order contains, is to have within the limits defined the sole right of depositing, fishing, dredging, &c., for oysters and mussels. Where an order has been made only conferring a right to regulate such a fishery and to levy tolls, &c., such order does not confer a right to the fishery, but only to regulate it and take tolls. Any person fishing in such a fishery without paying the tolls granted is liable, on summary conviction, to pay £20 and to forfeit all oysters and mussels taken (8). The portion of sea shore comprised in such an order is to be deemed to be within the adjoining county for the purposes of jurisdiction; such grants are not to be made for longer than sixty years (t). No rights of several fishery are to be interfered with, and compensation is to be paid to owners of land taken. All oysters and mussels (u) within such fishery, or in any several fishery enjoyed independent of the Act, are made the absolute property of the grantees or owners, and are to be deemed to be in their actual possession for all purposes, civil or criminal (x). Various restrictions, which will be noticed afterwards, are imposed on the season for, and mode of, taking oysters.

The regulation of sea fisheries in British waters is further pro- Sea Fisheries vided for by the Sea Fisheries Regulation Act, 1888 (51 & 52 Regulation. Tiet. c. 54), which empowers the Minister of Agriculture and Fisheries, upon the application of a county or a borough council, by order to create sea fishery districts (y) comprising any part of

now the Ministry of Agriculture and Fisheries, conferring a right of
regulating an oyster fishery under the Sea Fisheries Act, 1868, it may
by virtue of section 41 of that Act lawfully take a lease of the foreshore of
the fishery if the acquisition of the leasehold will enable it the better to carry
out the purposes of the order: Truro Corporation v. Rowe, [1901] 2 K. B. 870;
[1902] 2 K. B. 709; 71 L. J. K. B. 974, ante, p. 372. As to the
acquisition of private oyster fisheries by prescription, see Goodman v. Mayor
of Saltash, 9 A. C. 37; Mills v. Colchester, L. R. 3 C. P. 575; 37 L. J. C. P.
278; 17 C. B. (N.s.) 635; In re Free Fishers of Faversham, 36 Ch. D. 328;
and as to licences for reasonable fees, see Mills v. Colchester Corporation,
supra.

(s) Section 58 as to appeals is in part repealed by the Summary Jurisdiction Act, 1884 (47 & 48 Vict. c. 43), s. 4. The definition of fishing-boat" given in section 5 of the Act is applied to fishing-boats in Scotland by the Sea Fishery Boats (Scotland) Act, 1886 (49 & 50 Vict. c. 53), s. 2.

(t) See the Crown Lands Act, 1885 (48 & 49 Vict. c. 78), s. 3.

(u) Mussel scalps on the foreshore or estuary of a navigable river form part of the patrimonial property of the Crown in Scotland which it can convey or let in lease to a subject: Parker v. Lord Advocate, [1904] A. C. 364; 20 T. L. R. 547, H. L. Sc.

(z) Since the passing of the Act no prescriptive right to discharge sewage into the sea so as to contaminate oyster beds can be acquired: Foster v. Warblington Urban Council (1906), 21 ̊T. L. R. 214; 69 J. P. 42; 3 L. G. R. 605, per Walton, J.; Owen v. Faversham Corporation (1909), 73 J. P. 32. C. A. (y) As to measurement of the coast line in a fishery district, see Tweed Commissioners v. Wood, 46 J. P. 760.