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Scottish Court of Session Decisions >>
Gairlies v Torhouse. [1605] Mor 14249 (30 July 1605)
URL: http://www.bailii.org/scot/cases/ScotCS/1605/Mor3314249-002.html Cite as:
[1605] Mor 14249
Right of Salmon Fishing by what form of words established.
Gairlies v. Torhouse
Date: 30 July 1605 Case No. No. 2.
Found in conformity with the above.
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The Laird of Gairlies being infeft in certain Friar-lands, with the salmon fishing in the water of ——, pursued the Laird of Torhouse to remove therefrom. It was excepted by the defender that he was infeft in his lands of —— cum piscatione in verbis dispositivis; and, by virtue thereof, in possession of salmon fishing in said water, fornent the haill bounds of the water fornent his own land, past memory of man. It was replied, that salmon fishing was regale, and could not be disponed but expresse & nomination. It was duplied, that salmon fishing was regale within the sea-mark, or so far as the sea ebbed or flowed, and in that case required to be expresse dispositum; but in any part of water where the sea filled not, it was not regale. The Lords found that salmon fishing was regale where the sea filled, or salt-water came, or where the fishing was with a coble and a trail net. But where the sea came not, or the fishing was not with a coble, they found, that the clause cum piscatione in verbis dispositivis might comprehend it.
