APPENDIX. 163 



(which were in force previous to the Act of 1842) 

 prohibited them altogether. 



It is therefore suboiitted, that the giving legality 

 to fixed nets in rivers and harbours, by the Act of 

 1842, in cases where no prescriptive right before ex- 

 isted, was an enactment framed without precedent 

 or equity, and in derogation of common right — that 

 it has acted injuriously, as well by over-capture, as by 

 turning the salmon from their course, and rendering 

 them a more easy prey to their natural enemies ; 

 and that, it is not consistent with the policy of the 

 present age, to appropriate public rights, by estabhsh- 

 ing a monopoly, giving to the owners of land new 

 rights both upon the shores of the sea and the banks 

 of rivers. In the amended Act, (in limiting the use 

 of fixed nets) it is proposed to save all existing 

 ancient, or prescriptive rights, and in accordance 

 with the principle contained in the Irish Acts (3d 

 George III., c. 35, and 26th Geo. III., c. 50), and 

 in conformity also, with the existing Scottish law, 

 it is proposed that in every case, the period of pre- 

 scription be, 40 years. 



In consolidating the law, the principle will be re- 

 cognised of adapting a close season suitable to early 

 and late rivers — provisions will be introduced to re- 

 gulate the due and scientific construction of migra- 

 tion passes — severer penalties will be recommended, 

 and stringent provisions made, for the due observance 

 of the weekly and general close-time. With respect 

 to the unlimited permission given by the Act of 1842 



