Scottish Court of Session Decisions

Subject_1 SALMON FISHING.

Town of Perth
v.
Lord and Lady Gray

1748, June 15.
Case No. No. 2.

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The town had right to the salmon-fishing round the island of Sleples as old as Robert II. in 1375, and have immemorially possessed three shots on the north side of the island without any person interfering from the north side of the river. Opposite to the middle shot the water was on the north side foul with stones, and could not be fished, till 1741, that the tenants of Kinfauns adjoining that part of the river cleaned that water and setup a fishing, which behoved to interfere, or at least might interfere with the town's fishing from the island Sleples, because the nets of both must encompass the whole depth of the river, or they would catch no fish, and therefore could only fish alternately. The town therefore raised declarator of the exclusive right, and Lady Gray as proprietor of Kinfauns produced a charter in 1672 of her lands cum salmonum piscariis in aqua de Tay, and likewise of the barony of Craigton with certain particular salmon fishings, and a general clause, and insisted that she had right to fish on the north side and to clear the ground. The Lords repelled the defence and found the town has the exclusive right of fishing that part of the river, renit. Justice-Clerk, Drummore, Strichen, Dun, Shewalton. Pro were Minto, Kilkerran, Monzie, Tinwald, Leven, et ego, and Arniston in the chair. November 2d, Altered, and a proof before answer.