( 105 ) 



all fixed implements or engines for catching or facilitating 

 the catching of fish. Where there is no several fishery, but 

 the public generally are entitled to fish, they are prohibited 

 by this section from using fixed engines, whether they have 

 been accustomed to do so from time immemorial or not" 

 (p. 146). "That both weirs and fixed nets and all other 

 apparatus which prevent fish passing to and fro are illegal at 

 common law, and form a good ground of action, seems to follow 

 on principle. A fishery is merely one of the natural uses 

 of the water to which all riparian owners are entitled" (p. 42). 

 " Hence even independently of any statute, any fixed appara- 

 tus in a river or stream, which prevents the fish going up 

 to the other riparian owners, is a good cause of action at 

 common law, as it deprives him of one of the natural ripa- 

 rian rights" (p. 43). 



CVIII. "No person, whether the owner of a fishery or 

 size of mesh of nets in Eng- a poacher, is entitled to fish salmon 

 land - with a net less than two inches from 



knot to knot, otherwise he forfeits the nets, and incurs a 

 penalty of £5. The offence consists either in taking or 

 attempting to take salmon with illegal nets. The nets and 

 tackle become forfeited, provided a conviction takes place" 

 (p. 145). 



CIX. " Another illegal obstruction to fisheries was 

 . „ ,. , the practice of attaching nets to the 



Laws for the preservation of . x . 1 ■» 1 -i i 



the fry in England, and prohi- posts on river banks, by day and 



s L tructcd ieh passage beiug ° b " ni S }lt ' across rivers, which destroyed 



the brood and fry of fish" (p. 41). 

 " It is an offence to take, destroy, buy, sell or possess, 

 obstruct or injure the young of salmon, or disturb a spawning 

 bed. There is no definite age implied in the expression 

 1 young of the salmon,' which is defined in section 4" 

 (p. 150). "The third offence — ' placing a device obstructing 

 the passage' — is difficult of interpretation. It must mean a 

 substantial obstruction, but the device need not extend to the 

 whole width of the stream, nor is there any restriction as to 

 where the device is to be put. The object in view was pro- 

 bably to render illegal all gratings put across the tributary 

 streams of salmon rivers which would have the effect of ob- 

 structing the young salmon from going upwards. In order 

 to convict of the third offence, it is not necessary to prove the 

 actual obstruction, if in the ordinary course of things the de- 

 vice is calculated so to obstruct young of salmon coming there" 

 (p. 150). Penalties for taking young salmon, or having them 



