HC Deb 07 March 1893 vol 9 cc1250-1
MR. SEYMOUR KEAY

I beg to ask the Lord Advocate whether, inasmuch as prescriptive possession of salmon fishings and foreshores may make good certain rights under the Law of Scotland, similar rights can be acquired by the public, in regard to trout fishing in public rivers; whether he is aware that upwards of a century ago the River Spey was held, by judicial decision of the Supreme Court of Scotland, affirmed by the House of Lords, to be a public river, and that the public have exercised the right of fishing therein for trout and other fish, not of the salmon kind, from time immemorial; whether his attention has been called to a judgment, pronounced on the 16th February by Lord Kyllachy, interdicting such fishing on the ground that the Spey is not a public river, whereby the public are deprived of a valuable right long held by prescription; whether he is aware that great difficulty is likely to arise in appealing this question to the highest Courts in consequence of want of funds; and whether, under these circumstances, Her Majesty's Government can take any steps to prevent the destruction of such public rights, or will support a measure framed with that object?

SIR W. PEARCE (Plymouth)

Before the right hon. Gentleman answers the question, I would ask whether the action was not brought by a public servant?

THE LORD ADVOCATE (Mr. J. B. BALFOUR,) Clackmannan, &c.

The hon. Member who has just sat down will, perhaps, give me notice of his question. I am not aware of any authority for holding that a public right of trout fishing can be acquired by prescriptive possession in a Scotch river where it is not tidal, the public having no title to which the possession can be referred. It was decided, more than a century ago, that the upper heritors on the Spey had a right of floating rafts of timber down that river; but it has not, in so far as I know, been determined by decision that the Spey, above the point to which the tide ascends, is public for the purpose of any question relative to fishing. I have no information as to whether the public have fished in the Spey for trout or other fish not of the salmon kind from time immemorial. I have seen the judgment of Lord Kyllachy, pronounced on February 16th, interdicting such fishing; but, as it may be, and I am told probably will be, taken to review, it would be premature to consider whether the matter to which it relates should be dealt with by legislation.