T 1/455/357 - Fisheries 1766

from Mr Attorney General

Noted as Receivd Novr 13 1766 Read Novr 14 1766 A Sent Copy to Mr Lutwidge

Case

In all the Charters Granted by the Crown to the Lords of Man Waters in the general & unlimited sense of the word are conveyed. In the reservation of the manerial Rights by his Grace the Duke of Athol enumerated in the Act of the 5th of the present Majesty only Inland Waters are reserved?

Quare - Whether the Fishings at the same time reserved by his Grace in the Sd Act, are not to be construed as specially limitted to the Waters reserved, and to be deem'd Inland Fisheries; and consequently, Whether all Fishings in the Sea, in which the Bay Fisheries are comprehended, do not appertain to his Majesty ?

I am of opinion that all Fisherys in the Sea belong to his Majesty, & are not reserved to the Duke of Athol, by the Act of the 5th of the Present Majesty.

Wm de Grey Oct 27 1766

Notes

Some dispute had arisen re the Bay Fisheries which Lutwidge had taken possession of for the Revenue - The 4th Duke later queried this possession as well as that of the Herring Custom