Scottish Court of Session Decisions

Subject_1 PROPERTY.

Sir Ludovick Grant
v.
Ross of Kilravock

Date: 6 July 1764
Case No. No 25.

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In a private river a mussel-scalp belongs to the proprietor of the ground adjacent; in a public river it belongs, like white-fish, to the public, and consequently the use of it is open to every one of the lieges. But as such general use tends to root out every mussel-scalp, expediency, supported by practice, has introduced a prerogative in the Crown, of gifting mussel-scalps to individuals, which has the effect to preserve them by the exclusive use given to the grantees.

Upon this ground, a grant from the Crown to Rose of Kilravock of the mussel-scalps in the river of Findhorn, which is a public river, supported by long possession, was preferred before a similar grant to the Laird of Grant of a later date.

Fol. Dic. v. 4. p. 177. Sel. Dec. No 218. p. 282.