The fishermen of a sea-coast village were provided by the proprietor of the village with houses under tacks which fixed a certain rent, to include all dues connected with the fishery, the right of beaching the boats not being specially mentioned, although the habit and use was to beach the boats during the winter season on a certain piece of ground. In 1845 the proprietor obtained an Act of Parliament for the improvement of the harbour of the village, which inter alia authorised him to levy five shillings on all boats laid up for the winter season. He subsequently charged five shillings from each fisherman on that account, and this he did by dividing the slump rent which had formerly been paid under the tacks into specific portions-so much for house-rent and so much for the other dues, one item being five shillings for laying up boats. The village was sold in 1865, and the new proprietor continued the same system until 1874, when he asserted a right to exclude the fishermen from beaching their boats on the said piece of ground. In a suspension and interdict brought against him by the fishermen- held (aff. judgment of Court of Session) that they were entitled to use the said ground for beaching their boats, on payment of five shillings, until the proprietor provided them with another safe and convenient place, in respect that the right given by the Act to levy dues for beaching boats implied the obligation to provide ground for doing so.
Citations:
[1876] UKHL 734, 13 SLR 734
Links:
Jurisdiction:
Scotland
Land
Updated: 12 July 2022; Ref: scu.639635