12 THE FISHERIES. 



US discuss its provisions with candour and impartiality. 

 The removal of fixed nets, to defined limits, outside 

 the mouths of rivers and harbours, is a primary and 

 essential feature in this measure; we must, therefore, 

 discuss this head carefully and at some length, as a 

 very general impression prevails, both here and in 

 Scotland, that the dechne of the salmon fisheries is 

 mainly attributable to the extended use of these en- 

 gines. The Bill proposes to prohibit the use of 

 fixed engines within the mouth, or within two miles 

 of the mouth, of any river or harbour, in all cases in 

 which a prescriptive title to use such engines cannot 

 be shown ; and the length of possession which should 

 constitute a prescriptive right, is proposed in this 

 (and in all other cases relating to fisheries) to be a 

 period of forty years. For this proposed period of 

 limitation, there is a precedent in the Enghsh Act, 

 2 & 3 Wil. IV. c. 71, which shortens the period of 

 prescription in certain commonable cases, and enacts 

 that it shall not be necessary, in proving a prescrip- 

 tion, or that a right has been exercised from " time 

 immemorial," to include the whole period of time from 

 the commencement of the reign of Richard I. The 

 Act we refer to, substitutes shorter and more reason- 

 able periods for proof. It cannot be argued that 

 those engines which have sprung up, mushroom-like, 

 since 1842, are recognized by the law, or were law- 

 fully erected, according to a sound construction of 

 the provisions, even of the statute which introduced 

 them. The 21st section of the Act of 1842, prohibits 



