narrow policy to prohibit any mode of fishing, in other 

 respects beneficial, merely because, under the existing 

 regulations, it affects the breed of the fish. Instead of 

 prohibiting this or that engine, the Legislature ought to 

 direct their attention to the time of fishing ; and if the 

 regulations, in that respect, were once made suitable, the 

 nature of the engine, so far, at least, as respects the breed, 

 would comparatively be of little importance. 



It is unnecessary, however, to shelter the stake-nets, 

 under any general argument of this nature. The charge, 

 that the breed is injured by this mode of fishing, is alto- 

 gether unfounded. 



This point was set at rest in the Tay case. Two careful, 

 intelligent, and impartial persons were in 1809, employed to 

 make a survey of the Tay ; and were furnished with writ- 

 ten instructions, prepared and signed by the present Lord 

 Cringletie, (then Mr. Wolfe Murray), counsel for the 

 lower heritors, and which had previously been communicated 

 to the upper heritors. These persons were instructed, 

 that they < should go up the Tay till they found 



* the fry, and saw them distinctly seeking their way 



* downwards to the salt water ; that when the fry were 



* discovered, they should be carefully traced till they 

 ' change their situation in the water, that is, when they 



* leave the sides, or easy water, and go more into the 



* stream ; that the fry should then be farther traced and 

 ' watched minutely, till they disappear entirely ; and, 



* that under the point where the fry disappears, between 

 4 that and the occean, nets, with very small meshes, 



* should frequently be drawn in the water, between high 

 4 and low water-marks, in order to prove whether any 

 4 Salmon stnolts are to be found in that body of the tide.' 

 And they were also instructed, < that the stake-nets should 



