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Thread: Relevance of historical river use and acts?

  1. #1
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    Default Relevance of historical river use and acts?

    In some posts on access, what has happened in past history has been dismissed by some parties as irrelevant to modern application of the law.

    In the Wills Trustees vs Cairngorm Sailing School appeal (1976 - held before Lords Wilberforce, Dilhorne, Hailsham, Salmon, and Fraser of Tullybelton) the presiding lord had this to say at the end of the case (After confirming the Spey was a public navigable river)
    Before parting with the case I would like to express my appreciation of the industry and learning so skilfully applied by counsel on both sides in finding old materials and in explaining their bearing upon this appeal.
    Brevan,
    The truth (about Rights of Navigation) is out there
    Romsey, Hampshire
    Twitter: BrevanM
    Follow my blog at http://riveraccessrights.blogspot.com/

  2. #2
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    I couldn't agree more and it's amazing just how much information on history is out there. The trick is to find it and record it in a retrievable way! In the last few days I have discovered an article "The River Tern navigation." which was published in The Journal of Railway and Canal Historical Society Volume 23 Number 2, July 1977.

    I have sent for a copy of it and will summarise it's contents on the Access Map. Copyright permitting I am happy to copy and link to the whole article. If anyone stumbles across these gems please let me know so that the knowledge from history is not again lost to our sight.
    Last edited by KeithD; 17th-June-2014 at 04:15 PM.
    Keith

  3. #3
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    Quote Originally Posted by Brevan View Post
    In some posts on access, what has happened in past history has been dismissed by some parties as irrelevant to modern application of the law.

    In the Wills Trustees vs Cairngorm Sailing School appeal (1976 - held before Lords Wilberforce, Dilhorne, Hailsham, Salmon, and Fraser of Tullybelton) the presiding lord had this to say at the end of the case (After confirming the Spey was a public navigable river)
    The historical information was not only about previous navigation but recorded that the Laird found it profitable to pay people to go out in boats to stir the water to increase his commercial salmon catch. This confirms the annecdotal evidence in W266 that the passage of a canoe encourages salmon to take a fly. This gives the lie to all those fishermen who claim canoeing prevents salmon fishing.

  4. #4
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    He was referring principally to Davidson's discovery of Sir James Grant and others v Duke of Gordon (1782), found when he was engaged as keeper of the law library and which turned the case in Davidson's favour. The case confirmed that timber had been floated down the river and should not be held up by the Defendants fish trap. In 1782 the country was in great need of ship building timber, being engaged in a sea war with the French.

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