Robert Fram and Others, v. The Magistrates of Dumbarton
Date: 19 July 1786 Case No. No 109.
A salmon fishing belonged to a community. The burgesses had been in use to fish individually. The Magistrates let the fishing to a tacksman. Found, that no right belonged to the burgesses, as distinguished from the community. The Magistrates represented the community; and therefore were entitled to assume this act of management.
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By the charters from the Crown, in favour of the town of Dumbarton, a right of salmon fishing was conferred on “the bailies, burgesses, counsellors, community, and inhabitants.”
In very ancient times, it appeared that the burgesses, in person, exercised this right, on paying a trifling yearly duty for each coble or boat to the magistrates.
Afterwards, for more than a century, the fishings were let to tacksmen, who became bound to expose in the market place, at certain low rates, either the whole fishes caught, or a quantity thought sufficient to answer the demands of the town's people.
In the year 1783, the magistrates having let the fishings without any restriction, Robert Fram, and other burgesses, insisted in a declaratory action, for ascertaining their right to be provided with salmon in the manner formerly practised. They contended, That the salmon fishing in question had been conveyed to the burgesses individually; and that the low prices hitherto paid, were to. be considered merely as a composition agreed on between the burgesses and the magistrates, the former being thus enabled, instead of fishing for the use of their families, to apply themselves to other and more profitable pursuits.
The Court, however, were of opinion, That no right was here intended in favour of the burgesses, as distinguished from the community of the burgh, represented by the magistrates; and that the magistrates, without any regard to former practice, were authorised to grant leases of this, in the same manner as of the other property of the town, whenever the general advantage of the inhabitants did not suggest a different method of administration.——* 1776, Burgesses of Kilmarnock contra the Magistrates.
‘The Lords assoilzied the defenders, and found them entitled to expences.’
Reporter, Lord Eskgrove.Act. Dean of Faculty, Maclaurin.Alt. Lord Advocate, Craig.Clerk, Colquhoun.
Fol. Dic. v. 3. p. 103. Fac. Col. No 287. p. 441.
