XXI 



The obvious remedy for this is to make all the weirs harmless as 

 regards the fisheries of the river by making a pass through, over, 

 or round, each weir, and by closing the hatch at the head of every 

 mill leal on Sundays, and whenever the mill is not at work, so 

 that the water shall flow down the fish pass, if there be one, or else 

 over the dam. 



6. Dead Fish. 



Under the head of overstocking many details are given in the 

 evidence relative to the number of dead fish allowed to stay in 

 the river and the injurious effects which follow. 



The following evidence will prove that it is at present illegaljto 

 remove dead kelts from the rivers in Scotland. 



A witness stated that " if a dead salmon was found in the river 

 " covered with fungus, he would throw it back into the river, 

 " because he might get sixty days for lifting an unclean salmon. 

 ' r The proprietor of a pool in the Esk netted his pool and took 

 K out the diseased fish. This was justifiable, though illegal." 



Another witness stated " that when fishing on the Tweed the 

 " 14th of August 1877, he saw salmon lying in the water covered 

 " with fungus, looking like a sheep's back covered with wool. The 

 " fish were rotting in the water. Thought they were logs of 

 " wood. They must have been a source of infection. He could 

 " not examine them, because he was afraid of the law." 



Mr. Dunne, chief constable of Cumberland and Westmorland, 

 thought it would be advantageous if authority were given to remove 

 fish even suspected of disease ; legally there is no power to do so. 

 He adds that the steps taken by the Eden Board were really in 

 defiance of the law. He stated that between March and October 

 1878 he had buried 1,700 fish, and from October 1878 to 29th 

 September 1879, 398 fish, making a total of 2,098. 



In addition to the above number a great many diseased fish 

 were taken out and buried between Warwick and liockcliffe. 



Captain Yorston stated that he had seen numbers of dead fish 

 in shallow water, and it would be imprudent for a farmer to bury 

 such fish, as he might have the water-bailiffs after him ; but there 

 should be power to enable the fish to be buried. 



" At one time anglers were allowed to kill kelts, now they may 

 " not do so. Many people have been severely fined for taking 

 " kelts. 



" The Tweed Commissioners transgressed the law by taking 

 " out dead fish, but thought this so necessary that thev ran the 

 " risk." 



Mr. List, chief constable of Berwickshire, informed us at 

 Berwick that after he had got the authority of the Commissioners 

 to remove the fish from the pools, no less than 756 fish were 

 taken out in the lower district up to Carham in the months of 

 May and June 1879. 



Mr. George Rooper, who has very great experience as an 

 angler on the Tweed, says : " It is not alone to the rottino- 

 " carcases of the numberless fish which, instead of furnishing 

 " wholesome food, are allowed to float down the river until 



