( 108 ) 



statute is to prevent owners of lislierics fi-om tloiiig what 

 they like with their own, that is, it prevents them from kill- 

 ing salmon at certain times and by certain kinds of means, in 

 order to secure fair play to the fish and to the adjoininj^ own- 

 ers, ami with a view to tlic public interest. It may be safely 

 assumed that the law, as previously stated, applies ecpially 

 to salmon as to other lish except so far as varied by what 

 follows in this statute" (p. 136). 



OXVl EI. " For the better protection of the proprietors 



„ , „ „ , of salmon tisheries, it is provided that 



the Justices in general or Quarter 

 Sessions, may appoint conservators or overseers for the pre- 

 servation of salmon and enforcing the provisions of the law 

 within the jurisdiction of such Justices — 21 & 25 Vic, c. 109, 

 8. 33. They may apply to the Home Secretary and have 

 a fishery district formed, and the committee is to elect the 

 chairman and they appoint a Board of Conservators." Con- 

 servators, appointed under " The Salmon Fishery Act, 18G5," 

 liave power within their district to appoint a suflicient 

 number of water baililFs ; * * to issue licenses for fishing 

 as provided in the schedule ; * * for removing such weirs 

 or other fixed engines as are illegal ; and generally to do 

 such acts as they may deem expedient for the improve- 

 ment of the salmon fisheries (" Baker, p. Ii4i.") In any 

 fishery district, subject to the control of conscrvatoi"s, licen- 

 ses are to bo granted at fixed prices to all persons using rod 

 and line for fishing for salmon, and in resi)ect of all lishing 

 weii's, fishing mill dams, putts, putchers, nets or other in- 

 struments or devices, except rods and lines, whereby salmon 

 are caught : and the produce of such licenses is to be applied 

 in defraying the expenses of carrying into effect in such 

 districts " The Salmon Fishery Acts, 18G1 and 18G5" (28 & 

 20 Vic, c. 121, s. 3.3). 



CXIX. From the foregoing it will be seen that in Eng- 



.„ . , ,. , land fishing weirs are considered a 



Wens aiul lisli-piisscs. . "^ , -p i i 



nuisance, and, even it legal, must 

 have a fish-pass in them or free gap : tliat other fixed engines 

 are illegal : that the size of tlie inesh of nets and interstices 

 between substances forming weirs is laid down : fry arc 

 protected, the very possession of them being a punishable 

 offence : unfair modes of fishing are prohibited as avcII as 

 poisoning of waters : a Aveekly close time is insisted upon to 

 allow a free passage for the flsii, whilst, during certain mouths 

 of the year, all iisliing with nets or at weirs is illegal, and 



