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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10657
Experience:  30 years as a practising solicitor.
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we have been exercising our right as fishermen to have our

Resolved Question:

we have been exercising our right as fishermen to have our boat and fishing gear on a foreshore for the last 30 years. a new owner is threatning to remove us from the foreshore . does the white herring act 1771 still protect us from this.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Yes the Act does protect you. The Act provides:

"11 Persons employed in the said fisheries to have the free use of all ports, harbours, &c. in Great Britain and the islands thereto belonging.Offenders to forfeit 100 l

And all and every person or persons employed in the said fisheries may fish in any part of the British Seas and shall have and exercise the free use of all ports, harbours, shores, and forelands in Great Britain, or the islands belonging to the crown of Great Britain, below the highest high-water mark, and for the space of one hundred yards on any waste or uncultivated land beyond such mark, within the land, for landing their nets, casks, and other materials, utensils, and stores, and for erecting tents, huts, and stages, and for the landing, pickling, curing, and reloading their fish, and in drying their nets, without paying any foreland or other dues, or any other sum or sums of money, or other consideration whatsoever, for such liberty (except as herein-after is excepted), any law, statute, or custom to the contrary notwithstanding: And if any person or persons shall presume to demand or receive any dues, sums of money, or other consideration whatsoever, for the use of any such ports, harbours, shores, or forelands, within the limits aforesaid, or shall obstruct the fishermen, or other persons employed in the taking or curing of fish, or drying their nets, in the use of the same, every person so offending shall, for every such offence, forfeit the sum of one hundred pounds, to be recovered and levied in manner herein-after directed."

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

If he obstructs us from doing this ie by the erection of a fence who do we go to for the enforcement of the 100 pounds forfiet ? should we just inform the police ? thankyou

Expert:  JGM replied 2 years ago.
No, you go to the sheriff court as this is a civil matter, not a criminal or police matter.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10657
Experience: 30 years as a practising solicitor.
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