( 105 ) 



nil fixed implomonis or ont^iiics for catcliincf or fiicilil-ating 

 tlio calcliing of iish. Wlicrc there is no several lighcry, but 

 ilio public generally are entitled to fish, they are prohibited 

 by tliis 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, Avhich 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). 



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

 si7.c of nicsi.of nets in Eng- a poaclicr, Is entitled to fish salmon 

 i»i''i- Avith a net less than two inches from 



loiot to knot, otlunnvisc ho forfeits the nets, and incurs a 

 I)enalty of £5. The olfence consists either in taking or 

 attempting to take salmon Avith 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 



Lnws for the preservation of , . iiii i 



I lie fry in E.iginn.i, and proiii- posts ou rivcr bauks, _ by day and 

 iiiting tiieir passage being ob- night, across rivcrs, Avliicli dcstroycd 

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



" It is an olTenco 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 

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

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

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

 substantial obstruction, but the device need not extend to the 

 Avholc Avidth of the stream, nor is there any restriction as to 

 Avhere the device is to l)e put. The object in vicAV Avas pro- 

 bably to render illegal all gratings put across the tributary 

 streams of salmon rivers which Avould have the cllect of ob- 

 structing the young salmon from going upAvards. In order 

 to convict of the third olfence, 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 tliere" 

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



