§ MR. MACFARLANE (Argyll)asked the Lord Advocate, If the Act of George 3, chapter 31, section 11, conferring absolute rights to the use of foreshores to fishermen in Scotland, for
Erecting tents, huts, and stages, and for the landing, pickling, curing, and reloading their fish, and in drying their nets, without paying any foreland or other dues,is still in force; and, if there is any means of securing these rights to the fishermen without obliging them to undertake costly suits in the Courts of Law?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)&c.) (Clackmannan,I have more than once had occasion to consider the question within the last few years, and while it is not free from doubt, I am personally of opinion that the provisions of the Act 11 Geo. III. c. 31, with regard to the use of the foreshore by persons engaged in the "white herring fishery" are still in force. The provisions of the Act 29 Geo. II. c. 23, in regard to the use of the foreshore are repealed by the Sea Fisheries Act, 1868, but the provisions of the Act 11 Geo. III. c. 31, with regard to that subject are not, in my view, repealed by the Sea Fisheries Act 1868, nor by the Act 28 & 29 Vict. c. 56. I fear that if the 1519 matter is brought into question there is no other mode of getting it authoritatively decided but by a Court of Law; but I think that the Statute Law relative to the use of the shore by fishermen is at present in an obscure and unsatisfactory condition, and I have it in contemplation to propose its amendment so that it may be readily intelligible to that industrious and meritorious class whose interests are affected by it.