THE FISHERIES, 97 



Commissioners to have fixed the mouth in accordance 

 with natural, hydrographical, and nautical ru^e . 

 In the case instanced, it was done to answer a pur- 

 pose, or meet a particular case; but no such purpose 

 was contemplated bj the Legislature, or is within 

 the meaning of the Act ; it is not, therefore, incon- 

 sistent with the previous legislation, to resume a 

 power which has been improperly exercised, and now 

 appoint, by positive enactment, a fixed and determi- 

 nate rule for defining river mouths. 



Secondly. — We should recommend a vigorous ap- 

 phcation of the rule provided b}^ the 22nd clause of 

 the Act of 1842, prohibiting (except in certain spe- 

 cified cases) the use of these engines in rivers and 

 harbours, in places, where the width of the channel, 

 at low water of spring tides, is less than three-fourths 

 of a mile. 



Thirdly. — We should suggest a declaratory clause, 

 eiFectually preventing the erection of fixed nets from 

 piers or artificial harbours. The enabling clauses 

 (18th and 19tli) in the Act of 1842, empowered 

 owners of land to erect such engines '' attached to 

 that pai't of the shore adjoining such land;" but 

 clearly, it was not the intention of the Legislature 

 to authorise their erection from piers, projecting per- 

 haps, a mile or more into the sea, from the boundary 

 or shore of such land. 



Fourthly. — We should suggest such a regulation 

 of the mesh of all fixed nets, or such other means as 

 may be approved of, for preventing the capture of 



