( 101 ) 



of a mill, or within fifty yards below a dam, unless tlieso have 

 a fish-pass. As already stated, no weir or dam for fishing- is 

 legal unless its origin can be jiresumed to be older than 

 ]\[agna Chnrta" (p. 147). "A fishing weir is defined by the 

 Act (section 4) a dam used for the exclusive puqiose of 

 catching, or facilitating the catching of fish. In all fishing 

 weirs that are legal {I. e., which have had a legal origin 

 before ]\ragna Charta), and which at lowest water extend 

 more than half-way across the stream, a free gap must be 

 made of a size and form and situation prescribed by 

 the statute, which can only be departed from by authority 

 of the Home Olfice. The owners of such a weir were 

 bound, within twelve months after 1st October 18G1, to 

 make such a gaji under a penalty of £5 per day. The gap 

 must also be maintained luider a penalty of £1 per day ; and 

 any alteration or obstruction, or contrivance to deter tbe fish 

 from entering the g'ap, is punishable by a jicnalty of £5 and 

 upwards. The boxes and cribs used in fishing weirs or fish- 

 ing mill-dams {i. e., dams used partly for fishing and partly 

 for milling purposes) must be of a certain situation, and the 

 bars or inscales of the iieck or up-stream side shall not be 

 nearer each other than two inches, under a j)enalty of £5 

 per day, and the same must be maintained vmder a penalty 

 of £1 a day. Spur-Avalls, &e., more than 20 feet from the 

 i\pper or lower side of the box or crib are always prohibited, 

 under a penalty of £1 per day" (p. 159). "In all dams 

 made in salmon waters after 18G1, or raised or altered after that 

 date, which obstruct salmon, a fish-pass of a form ajjproved 

 of by the Home Oilice must be made at the expense 

 of the person making or altering the dam" (p. 158). 

 In Scotland, respecting fixed engines, it is stated — " indeed 

 the general rule has been repeatedly laid down that fishing 

 by means of any fixed machinery, or apparatus whatever, 

 or in any way except by net and coble, is illegal" (p. 179). 

 CVII. " It is an ofl'ence to use fixed engines of any de- 

 Fixed engines, irrespective of scriptioii in any watcrs for the purpose 

 fishing weirs or fisiiiu}; mill- of catchiug salmou. Tlic engine is 

 " ° lorleued as well as the salmon canglit, 



and a penalty of £10 a day is incurred besides. This section 

 has nothing to do with fishing Avoirs and fishing mill-dams, 

 Avhich are dealt with in section 12. All possible waters which 

 salmon frequent are comprehended in the phnise, inland or 

 tidal Avatcrs. Eixed engines by the interpretation clause, 

 section -1, include stakc-nels, bag-nets, putts, putchers, and 



