windlasses, the net, and all that it contains, are then 

 dragged on shore. 



While the net is in this manner impelled down the ri- 

 ver and drawn on shore, its weights, or heavy ropes, are 

 dragged along the banks, and upon the bottom of the 

 river, tearing up the gravel, and crushing and bruising 

 every delicate matter they fall upon. The effect of thus 

 dragging the net, with its ponderous weights, along the bot- 

 tom, where the spawn is deposited, or the young fish are ri- 

 sing into life, tearing them up, and crushing and bruising 

 them among the gravel, must be destructive to a degree 

 beyond the power of numbers to state. And how great 

 also must be the destruction, even at a later season, after 

 the young fish are detached from the oza, and are gaming 

 strength, or seeking their way to the sea ! 



These are matters deserving of serious consideration, 

 in framing any new regulations of the close and fishing 

 seasons. And they demonstrate, beyond all question, the 

 necessity of the fishery being forbidden, in rivers at least, 

 until a period greatly later than is at present in observance. 



II. We come now to consider, whether the old Scots 

 acts, under which the use of stake-nets has been held to be 

 prohibited, ought not to be repealed. 



And here it may be remarked, in the outset, that there 

 seems to be no reason for holding, what the heritors on the 

 fresh waters have sometimes maintained, that their private 

 rights would be invaded, if stake-net fishings were per- 

 mitted. This is an argument against the use of stake- 

 nets, which any one who considers the subject dispas- 

 sionately, must perceive to be totally without foundation. 

 The statutes by which stake-nets are held to be prohibit- 

 ed, are public statutes ; having no other object in view but 

 the public advantage, and liable to be repealed the mo- 



