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Scots statutes, the fishing of Salmon fey stake-nets, in ri- 

 vers, friths, and estuaries, is unlawful. 



The example of the upper heritors on the Tay, was 

 followed by those on other rivers. And, in consequence, 

 all stake-nets have been removed, not only in the 

 Tay, but in most cf the friths in Scotland. If in any 

 frith they are still allowed, it arises from the forbearance 

 or tolerance of the upper heritors ; for it is now settled 

 and unquestionable law in Scotland, that any one pro- 

 prietor, whether actuated by private hostility, or by real 

 or imaginary interest, may put down, or prevent the erec- 

 tion of stake-nets in the frith or river in which his fishery 

 is situate. 



In the course of the discussions to which these various 

 law proceedings have given rise, but more especially, 

 perhaps, since the use of stake-nets has been prohibited, 

 the public has discovered that those nets have not the 

 pernicious tendency attributed to them ; and a gradual re- 

 volution has accordingly been wrought in public opi- 

 nion on the subject. But although eight years have 

 fiearly elapsed, since the illegality of the use of stake- 

 nets in friths and rivers under the existing law of 

 Scotland, was finally declared ; yet no effort has been 

 made by the proprietors of the fisheries in the friths, to 

 avail themselves of this change in the public opinion, and 

 to obtain relief from their fetters. They have submitted 

 to them calmly and quietly, charmed, one would almost 

 believe, by some potent spell, which it is impossible to dis- 

 solve, and have allowed their own fisheries to return to 

 their former state of non-existence. The upper heritors 

 have not been so idle ; but have kept united, carefully 

 watching over the welfare of their monopoly. Nay, in 

 some districts, schemes have actually been laid to take 



