t n ait. xxv. idationfor Fry. 357 



really nil, 01 next to nil, the responsibility of maintaining them in 

 order might 1"' thrown on the cultivator. In other eases a contract 



Could be made with the cultivator to make ami maintain any 



desired communication. Which eases should be thrown on the 

 cultivator, and which should not, might be decided under the 



orders of the ( 'ollector of the district, as such subordinate matters 

 are by conservators and commissioners in England. The Col- 

 lector's decision might also be subject to appeal to the Board of 

 Revenue, as are the decisions of commissioners to the Home < Mliee, 

 or in their place to an Inspector Genera] of Pisciculture for the 

 Presidency. 



46. It may at first sight seem arbitrary to east this labour on 

 the farmer, but it is not requiring more of him than is exacted of 

 the mill-owner in England. The latter is railed on to make repairs 

 to prevent leakage, when such wastage of water from the main 

 stream is considered to interfere with the safe passage of the 

 salmon. The chief ground of the demand would seem to be that 

 the necessity for it arose out of the action of the person on whom 

 the call is made. In the case under consideration it is the 

 diversion of the water by the tanner that has caused the necessity 

 for providing other passage for the fry. 



47. In maintaining the channel, practically no one can have 

 less difficulty than the person always on the spot, to whom also 

 there will not he wanting enough of opportunities for throwing 

 seemingly accidental obstacles in the way. For instance, what is 

 easier than to remove a plank and lay the blame on the force of 

 the stream ; what is easier than to scrape the shingle together in 

 a mound across the waste water so that the little stream shall 

 percolate through it, and none of it be able to run over. By this 

 means the fry would be effectually prevented from getting down 

 to the river. The fanner deprived of the fry to which he had 

 been accustomed would be not at all unlikely to retaliate in some 

 such manner. And who is to fix it upon him ? It would be 



rally impossible. It is therefore necessary to make him 

 n sponsible for tin' maintenance of the passage for the fry. 



48. It will be similarly desirable to li\ tin; same responsibility 

 on the man who contracts to do the same for a consideration, for 

 if a suit is to be filed in the civil courts for every breach oi such 

 contract, the fry will not -ur\ ive " the law's delay." 



