46 



along the open sea coast, from the river Findhorn, which is 

 the nearest river, an ebb-net caught, in the year 1822, 

 about 2,000 fish. And in like manner, numerous examples 

 might be given throughout all Scotland. 



There is, however, actual experience as to the effect of 

 the stake-nets ; and, therefore, it is not necessary to defend 

 them by what some will be disposed to term theoretical 

 speculation. In the Frith of Tay, the stake-nets were 

 for a considerable number of years in general use. And, 

 in the processes to which this gave rise, their effect on 

 the upper fisheries was the subject ef minute and patient 

 investigation. 



The general result of this investigation shewed, at the 

 first view, that even if the upper fisheries were seriously in- 

 jured, at least there was a vast public benefit arising from 

 the new mode of fishing. The average produce of the 

 frith and river, before the introduction of stake-nets, ap- 

 peared to have been about thirty thousand Fish ; while the 

 average produce, subsequent to the use of stake-nets, (even 

 limited and fettered, and only partially in operation, as they 

 were,) was about sixty thousand ; so that, if the upper 

 fisheries suffered, at least the public were gainers to the 

 number of thirty thousand fish. 



But the investigation referred to, shewed farther, that 

 the produce of 'the upper fisheries 'was not sensibly affected ; 

 and that the injury complained of, was altogether imagin- 

 ary, except, indeed, in so far as it operated in reducing the 

 price in the market. 



The upper heritors on the Tay had alleged, and were 

 allowed by the Court to prove, that the produce of their 

 fisheries had decreased since the introduction of stake-nets. 

 But when the time for proving arrived, they not only fail- 

 ed to substantiate their averments ; but even, by producing 



