§ * MR. J. G. WEIR (Ross and Cromarty)I beg to ask the Lord Advocate, as representing the Secretary for Scotland, whether his attention has been called to the prosecution of Duncan Gillies, Alex Finlayson, and Evan Macrae by Lord Middleton for alleged salmon poaching in the sea off Applecross, Ross-shire, on the morning of the 30th June last; whether he is aware that, on the case coming before Sheriff Hill at Dingwall on the 30th July, the solicitor for the defendants claimed the production of Lord Middleton's title to the salmon fishing referred to, and that, although the prosecutor was unable to produce any such title, the Sheriff convicted the defendants; and, seeing that Lord Middleton is believed to have no exclusive rights to salmon fishing ex adverso of his lands and estate of Applecross, will inquiry be made into the matter?
THE HON. MEMBER also asked the Lord Advocate whether his attention has been called to the prosecution of Kenneth Macdonald and John Macdonald (by Sir Kenneth Matheson) for alleged salmon poaching on the morning of the 24th June last, in the sea at Lochcarron, about one mile to the west of the village of Ardnarff, Lochalsh, Ross-shire; whether he is aware that, on the case coming before Sheriff Hill, at Dingwall, on the 30th July last, the solicitor for the defendants claimed the production of Sir Kenneth Matheson's title to the salmon fishing referred to, and that, although the prosecutor was unable to produce any such title, the Sheriff convicted the defendants; and, seeing that Sir Kenneth Matheson is believed to have no exclusive rights to the salmon fishing, ex adverso, of his lands and estate of Lochalsh, west of the village of Ardnarff, will inquiry be made on the subject?
§ * THE LORD ADVOCATE (Mr. GRAHAM MURRAY,) ButeshireI do not think it right to express any opinion upon the judgment of the Sheriff. If 383 the persons convicted think themselves aggrieved by the judgment, it is open to them to appeal. Neither for myself nor on behalf of the Secretary for Scotland can I undertake to institute an inquiry.
§ THE LORD ADVOCATEsaid that these men, having been convicted of illegal fishing, it mattered very little whether the fisheries belonged to the Crown or to a private individual. In any case the men themselves had no right to the fisheries.
§ * MR. SPEAKEROrder! Order! The case cannot be retried by questions across the floor of the House.
§ MR. WEIRI beg to ask the Lord Advocate, as representing the Secretary for Scotland, whether having regard to the fact that the Crown has never as yet dealt with the rights to the salmon fishings in the sea at Applecross, Rossshire, will he state by what right Lord Middleton claims the salmon fishings in the sea ex adverso his lands and estate at Applecross; and will he state whether the Crown has granted to Sir Kenneth Matheson a lease of the salmon fishings in the sea at Lochcarron ex adverso his lands and estate of Lochalsh, one mile west of the village of Ardnarf, Ross-shire; and, if not, will he state under what authority these fishings are claimed by Sir Kenneth Matheson?
§ * THE LORD ADVOCATEI have no information about the matter in question. I am not able, nor should I in any case be willing to advise the hon. Member as to the ownership of rights or property in any specified territory. The hon. Member ought to be aware that I gave him a similar answer to a similar Question on the 8th April last.