Earl of Galloway v. Birrel and Others

Subject_1 Salmon-Fishings Subject_2 Express Grant Subject_3 Barony Title Subject_4 Possession — General Clause of Fishings. Facts: Interim interdict granted in favour of a title setting forth possession for forty years upon an express grant of salmon-fishings, as against an allegation of possession upon a general clause.

The complainer relied upon immemorial possession upon titles giving him an express grant of salmon-fishings in the river Cree where it runs along the lands of the Grange of Cree and others in the parish of Penninghame; of salmon-fishings in the water of Bladnoch, in the barony of Baldoon; and of salmon-fishings in the water of Bladnoch, which runs through or adjoins his lands in that parish and of Innerwell.

The Lord Ordinary ( mure ) pronounced the following interlocutor and note:—

“ Edinburgh , 4 th February 1868.—The Lord Ordinary, having heard parties' procurators, and considered the note of suspension, answers, and productions: Passes the note, and continues the interim interdict on caution; and in the meantime ordains the complainer to keep an authentic account of the number and weight of the fish caught by him, or by his tenants, within the limits of the fishing ground claimed by the respondents under their lease.” “David Mure. ”

“ Note .—The discussion before the Lord Ordinary was confined to the question whether the interim interdict should be recalled, as no objection was made to the note being passed; and, upon considering the titles and proceedings, he has come to be of opinion that the circumstances of the case require that the interdict should be continued in the meantime, subject to the conditions which he has attached to it for the protection of the respondents, should it eventually be found that they have acquired a valid lease to any portion of the salmon-fishings in question.