49 



ther is it desired to attach greater importance to these re- 

 sults than is reasonable. There is no necessity for denying, 

 what may be held as certain, that out of the thirty thou- 

 sand fish annually caught below, some would, in all proba- 

 bility, have found their way to the upper fisheries, and 

 there have been captured, if the stake-nets had not inter- 

 cepted them. But it is very evident, and after the inves- 

 tigation, of which the result has been stated, after the 

 experience which has been had of the river fishery, before 

 the use of stake-nets, during their use, and since they were 

 removed, it cannot reasonably be disputed, that the di- 

 minution of the produce of the upper fisheries in the river, 

 by the success of the stake-nets in the frith, must, on the 

 whole, have been so very small as to be utterly impercepti- 

 ble. 



This is certainly a very satisfactory conclusion. But, 

 though it had been otherwise, it would appear that the 

 question, whether the success below would diminish the 

 success above, is rather curious than important : for, in 

 natural justice, there is no reason for preferring the upper 

 proprietors to the lower ; and assuredly, it is of no conse- 

 quence to the public, whether the fish are caught by this 

 or by that individual. As already observed, however, it 

 is sufficiently evident, both from the habits of the fish and 

 the actual experience in the Tay, that the success below 

 creates no sensible diminution of the produce above. 



It next remains, to consider the other branch of the ob- 

 jection, that if the use of stake-nets be allowed, the con- 

 sequent destruction of so many fish may, in the end, anni- 

 hilate or materially affect the species. 



This is an objection which no one, who has any know- 

 ledge of the subject, will be disposed to urge. It would 



