SALMON-FISHERY OF SCOTLAND. 91 



of salmon in tlieir descent from the rivers. In the Tay case it 

 was attempted to be proved, by theorists and jobbers, that the 

 salmon-fry on leaving the rivers plunge into deep water but 

 the FACT of their being caught in yairs on the coasts shows the 

 contrary. 



No yairs ever were attempted to be placed in rivers in Scot- 

 land, because there are no situations within the banks of Scotch 

 rivers where they could be erected, or where, if erected, they 

 would not be swept away by the first flood in the river ; and 

 yet it is where they could not be erected where they never 

 were attempted to be erected, and where the fry " of all fishes " 

 are never found that the Court of Session declare the ancient 

 Legislature passed act after act to prevent their being erected, 

 which is not consistent with common sense. The only men- 

 tion, as before observed, in the statutes of rivers or fresh 

 waters, is for the purpose of regulating the cruives which 

 were expressly allowed there, directing that the hecks should 

 be three inches wide, which will allow a salmon of ten pounds 

 to pass through. With the same width of hecks, cruives could 

 not obstruct the passage of fry anywhere, yet they are prohi- 

 bited by the statutes in all parts except in the rivers the very 

 part to which the Court, reversing the meaning of the statutes, 

 say the prohibitions do apply the desire of the Legislature 

 being evidently to keep the coasts clear of all standing machin- 

 ery, in the way of either the fry or of the salmon returning 

 to the rivers, else why, when cruives were allowed in the rivers, 

 should they have been prohibited elsewhere ? No man will 

 allege that hecks which would allow a salmon of ten pounds 

 to pass through them, could be injurious to fry along the 

 coasts, any more than in the rivers, where they are expressly 

 allowed : the prohibition of them elsewhere could therefore 

 only arise, as we have just said, from a determination in the 

 Legislature to keep the coasts clear of all fixed machinery 

 whatever ; and when we consider the manner in which the 

 salmon-shoals, when coming on to the rivers, are broken and 

 dispersed by such machinery on the coasts, we cannot but 

 admire the knowledge and sagacity with which the various 

 enactments were made, both with regard to them and the fry. 



