THE SALMON AND CHANNEL FISHERIES. 171 



tinue alternately, during that part of the flow of the 

 tide when they think the fish are in motion. This 

 has the effect of impeding the passage of the fish, 

 and is also a very unfair practice, since it prevents 

 another from enjoying his right above. As the 

 word " engine" is made use of in this act, I do not 

 see why the power of the justices as conservators 

 should not extend to the bars and gratings which 

 cross the rivers and prevent the passage of the fish, 

 and " which are fastened and fixed every day and 

 night" Few things can be more prejudicial to the 

 fisheries \ and I would humbly suggest whether these 

 bars impeding the fish, and coops having bars only 

 one inch and two-tenths wide, from which the fish 

 after they get in cannot escape, being a descrip- 

 tion of engine, are not within the letter and meaning 

 of this act, and are not altogether public nuisances, 

 and founded on encroachment. It may be di£ 

 fie ult at the present day to say what particular de- 

 scription of engine a trinh is ; but the statute re- 

 quires that those who use them should have them 

 " of assize" from which it is evident, though no act 

 mentions the size of the mesh, except that of Eliza- 

 beth, that there was an anterior limitation upon 

 this subject applicable to nets as well as to engines. 

 It is not much to be wondered at that but few 

 questions have arisen on this statute, as the penalty 

 is given to the king. I am aware but of two ; the 

 first is 12 Coke, p. 89., Mich. 9th James, in 

 which it was held that nets are not to be fastened 

 to posts, boats, or anchors, but to be drawn conti- 



