THE LAW AS TO SALMON-FISHING 247 



fixed to the soil or made stationary in any way (not being 

 a fishing weir or fishing mill-dam), or any net placed or 

 suspended in any inland or tidal waters, unattended 

 by the owner, used for the purpose of catching or 

 facilitating the catching of salmon, or detaining or 

 obstructing the passage of salmon, and all engines, 

 devices, machines, or contrivances, whether floating or 

 otherwise, for placing or suspending such nets, or 

 maintaining them in working order and making 

 them stationary.' Fishing weirs and fishing mill- 

 dams are not illegal if lawfully in use at the time 

 of the passing of the Salmon Fishery Act, 1861, 

 and if they comply with certain requirements con- 

 tained in the subsequent Salmon Acts as to free gaps 

 and fish passes. The legality of all fixed engines 

 was inquired into by Special Commissioners appointed 

 for that purpose by the Act of 1865, and power was 

 given to them by that Act to abate all those found 

 to be illegal. Their general superintendence is now 

 placed in the hands of the inspector of salmon fisheries. 

 In Scotland the old law is not affected by recent 

 legislation. It should, however, be noticed that 

 cruives are in a different position from other fixed 

 engines in that country. The right to fish with 

 cruives is not carried by a general grant of salmon- 

 fishing, but is itself the subject of an express grant, 



