The History and Law of Fisheries (Classic Reprint)

Excerpt from The History and Law of Fisheries

In the review of the entire legislation as to fisheries in Chapter I. Of Part II. The numerous Acts relating to the Herring Fishery have not been dealt with, as none of them are now in force. The Acts relating to Whale and Seal Fisheries are included in the list of statutes, but their provisions have not been set out, being considered as being outside the scope of this work. The provisions as to Sea Fisheries and Fisheries for Oysters, Crabs, Lobsters, &c., will be found set out in Chapters II.-VI. Of Part II., and the Acts relating to them will be found in the Appendix.

Having regard to the increasing value and importance of rights of fishery, not so much in respect of the profits to be derived from them, as from their importance as adjuncts of amenity to riparian properties, the existence of which adds largely to their market value, owners of fisheries will be well advised to be careful of their rights. They should be careful as to the manner in which they let their fisheries or give licence to fish in them, and as to the terms of the instruments by which this is done. In particular it is advisable that they should exercise these rights regularly, so as to keep up evidence of their possession, and be careful to resist attempts to trespass thereon. It is the experience of the Authors that in almost every case there is considerable difficulty in procuring any body of evidence of recent user, and this is frequently the greatest difficulty of the case. The proof of possession and the exercise of their rights is in fact their true title to them, and is of far more impor tance in the case of a dispute than the existence or language of their documents of title.

Since freshwater fish, and especially coarse fish, became of little value except for purposes of sport, in consequence of the improved means of communication and the system of preserving fish in ice, owners of inland fisheries have been careless about their rights and have willingly suffered anglers to take their sport when angling as a sport was practised by few, and angling clubs were unknown. Thus they have permitted unauthorised trespasses, not deeming it worth their while to take expensive steps by action at law to. Prevent them. This long-continued neglect of this species of' property has caused doubts to be cast upon their titles and leads. To great difficulty when the time arrives that the owner finds it necessary to assert his rights. The exposition of the law relating.

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