§ DR. R. M'DONALD (Ross and Cromarty)asked the Lord Advocate, Whether the salmon fishings on the sea coast of the Atlantic around the Island of Lewis now belong in property to the Crown or to the proprietrix of the Island, Lady Matheson; and, if to the latter, the date of their sale by the Crown and their purchase price; whether, assuming that Lady Matheson has a legal right to the said salmon fishings, she is entitled, through her servants acting under her instructions, to seize the trawl and saith nets of fishermen fishing in the Atlantic for other than salmon; and, whether, in the case of said salmon fishing not being-the legal property of Lady Matheson, the Crown would now dispose of them to the Lewis fishermen on equitable conditions, and under proper and necessary restrictions as to close time, &c.?
§ THE LORD ADVOCATE (Mr. J. H. A. MACDONALD) (Edinburgh and St. Andrew's Universities)Salmon fishings in Scotland belong prima facie to the Crown; but may be acquired by a subject either by a direct grant or by means of a title which, coupled with possession and enjoyment, has been held to establish a right by prescription. The Island of Lewis is held under a title which convoys fishings in fresh water and salt water; and the proprietrix claims the salmon fishings as having been possessed and enjoyed by her and her predecessors for much longer than the prescriptive period. The Commissioner of Woods has to exercise his discretion as to proceeding in such cases; and on the infor- 1529 mation before him he has not deemed it expedient to attempt to recover possession of the salmon fishings around the Island of Lewis, being satisfied that Lady Matheson could establish her light to them. If by the Atlantic is meant the waters beyond the three mile limit from the shore, Lady Matheson could have no right to interfere with anyone fishing in these waters. As regards the waters within the three mile limit, Lady Matheson can have no right to interfere with persons fishing for white fish, and not for fish of the salmon kind.