THE SALMON AND CHANNEL FISHERIES. 163 



or debarred of that right by another having a right 

 to fish below ; that though twenty years' possession 

 may affect private rights, it is no ground to sup- 

 port a public nuisance. 



The public will know how and where to apply 

 this doctrine. There are too many opportunities 

 for such application, not only in this county, but 

 in this neighbourhood. 



I lately took Mr. Chitty's opinion on the condi- 

 tion of Totnes weir, stating, that, within the 

 memory of man, the salmon could freely pass over 

 the old weir whenever there was sufficient water $ 

 that it then had an escape for the salmon, called 

 the gullet; about forty years ago, this old weir 

 being washed away, a new weir was built without 

 such escape or gullet, materially altered and much 

 contracted, having a wooden platform at the foot 

 or bottom, which rendered the passage of the fish 

 all but impracticable. From this moment the 

 number of fish began to decrease, until the fish- 

 cries on the Dart were almost ruined. The plat- 

 form was erected by a tenant whose object evi- 

 dently was to stop all the fish at that particular 

 place, that he might take them at his own pleasure. 

 About two years ago this weir was again washed 

 away in part ; the fish availed themselves of the 

 opportunity to ascend the river, and a vast increase 

 of young salmon was immediately perceived. The 

 weir was then again rebuilt, and altered a second 

 time, by which second alteration the passage of 



M £ 



