THE HISTORY AND LAW OF FISHERIES. BY STUART A. MOORE, F.S.A., OF THE INNER TEMPLE, BARRISTER-AT-LAW; Author of "The History and Law of the Foreshore.” AND HUBERT STUART MOORE, OF THE INNER TEMPLE, BARRISTER-AT-LAW; Author of The Rules of the Road at Sea," and Joint-Editor of A.D. 1495. "Quant le soil est al defendant donques de common droit il doit aver tiels profits queux surdant sur la terre, et touts les profites et revenues comme est al primier entendement, et auxi quant le plaintiff monstre que est pischarie, donque nest auter profit forsque pischary a prendre la, quel de comme droit convient apperteyner a luy sicomme grasse des autres terres.”. Year Book, Trin. 10 Henry VII., pl. 1, A.D. 1495. A.D. 1877. It appears then to me to be beyond dispute that the exclusive right of fishing in tidal waters vested in the hands of the Crown is no more than an incident of the soil over which the waters flowed, as affected by the exercise of the King's franchise of excluding the public; and that that right can, and generally does, exist in the subject as an incident of the soil, and not as an incorporeal hereditament.-Judgment of PALLES, C.B., Duke of Devonshire v. Neill, 2 L. R. Ir. 173, A.D. 1877. PREFACE. In this work the Authors have endeavoured to collect all available information relating to the law of fishery, applicable to fisheries in England, Wales, and (as regards the common law) Ireland. The common law of Scotland has not been dealt with; that must be left to learned gentlemen of the Scotch Bar. The subject has been exhaustively and admirably dealt with by Mr. Tait in his "Law of Scotland Applied to the Laws of Trout and Salmon Fishing." The statutory law relating to Ireland has not been dealt with. It will be found in Mr. Conner's book on "Fishing Laws." The first part of the work relates to the history and law of fisheries at common law. The second part reviews historically the ancient legislation with regard to fisheries, and deals generally with modern statutory provisions now in force and the powers of owners of fisheries, boards of conservators, the powers and jurisdiction of magistrates, and the restrictions upon and regulation of fisheries, both as to salmon and migratory fish, sea fish, and freshwater fish other than salmon. In the Appendices will be found the statutes relating to fisheries in England, so far as they remain unrepealed, with notes of decided cases relating to them. The special provisions of local Acts have not been set out as these Acts are numerous and local practitioners will be well acquainted with their provisions. A list of them, which it is hoped is complete, will be found in the Table of Statutes arranged chronologically. There is also given a list of places where fisheries existed and are referred to in the Domesday Book; and a list of fisheries in various places in the Kingdom, reference to which in ancient records has been found by the Authors in collecting materials for this work. The object of the Authors has been to collect everything relating to fisheries that may be useful to practitioners and owners of fisheries and the public, so as to make the work a complete conspectus of the law as regards both inland and sea fisheries in every respect, and it is hoped that this endeavour has not been unsuccessful. The extensive examination of ancient records and authorities which has been made in the preparation of this work shows that |