30 



2nd. The equity or justice of the principle proposed to be 

 adopted. 



As to the original state of the law the Act 10 Charles I. 

 prohibited the " setting of stop-nets, still-nets, or standing-nets, 

 fixed upon posts or otherwise in the rivers where the salmon 

 should pass up from the sea." Their use along the coast of the 

 sea, (tacitly sanctioned by Magna Charta) was, perhaps, not 

 rendered illegal by this act. It was contended that its intent 

 was merely to prevent the destruction of fry. There is a 

 difference of opinion how far Stake-nets cause such destruction;* 

 but a reference to the Act itself will lead to the belief that no 

 such intent alone was designed, but that it was framed in the 

 just spirit of many ancient statutes. f 



It had been generally conceded at the time that the use of 



* "The stake-nets being placed in general within the tide mark, weeds get in 

 and choke up the lower meshes of the net ; the spawn, when they descend the 

 river in spring, delight to sport in the shallow sand-banks where these nets are 

 placed : these recesses are a security to them in such situations, while the tide 

 is up, and there they will resort by thousands. As the tide recedes and becomes 

 quite low, these fry, being then below the weeds that close the lower meshes, 

 are unable to escape, and thus perish. If a method were devised for the 

 complete extinction of the breed, I know of none more effectual than these 

 round stake-nets." Colonel Light, Employment of the Poor in Ireland, London, 

 1830, p. 165. 



Mr. Wilson, the principal renter of the Tweed fishery, produced a letter 

 before the Select Committee in 1824, stating that the stake-nets were ' very 

 destructive' to the fry and smelts, ' as they are seldom kept sufficiently clean 

 to allow the fry to pass through them at this season, when they are going to 

 the sea; and they (the nets) are kept up two months after close time, making the 

 greater part of their fishing of spawning fish entering these rivers ; no wonder 

 we get few fish, when the breeders are destroyed coming to the river, and the 

 smelt destroyed going to the sea, by these destructive engines and stake-nets, and 

 yet we are told they kill neither the one nor the other. I have seen three large 

 baskets taken out of the one at Campbeltown, full of dead smelts, on a Monday 

 morning, and the only excuse was, that they could not cleanse their net of sea 

 weed on a Sunday.' 



f The words used are : " For as much as great hurt and daily inconveniences 

 have and doe ensue unto all the king's subjects of this realme by the greedy 

 appetites and insatiable desire, which sundry of them occupying fishing have 

 used, by taking and killing the young spawne, frye, or breed of eeles and 

 salmon, as well in salt rivers as in fresh rivers, loghes, plashes, fennes, and 

 marshes, in many parts of this realme, as also setting of stop-nets, still-nets, or 

 standing-nets, fixed upon posts, or otherwise, in the rivers where the salmon 

 should passe up from the sea, to the great hindrance and prejudice of the 

 commonwealth of this realme : Be it therefore enacted by this present parlia- 

 ment, and by the authority of the same, that no manner of person or persons 

 of what estate, degree, or condition soever they be, with any manner of net, 

 weele, or with any other device or engine whatsoever, shall willingly presume 

 to take any frye, spawne, or breed of eeles in any river or water, salt or fresh, 

 within this realme of Ireland ; and over this, that no manner of person or per- 

 sons from henceforth shall presume willingly to take or destroy in or by means 

 of any weele, net, net of haire, or by any other engine, (angling onely excepted) 

 fludgate, salmon pipe, or at the tayle of any mill or ware, or in any straits, 

 rivers, or brooks, salt or fresh, within this realme of Ireland, the young fry, 

 spawne, or breede of any kind of salmon called lake-spinkes, smowtes, or 

 salmon peales ; and also, that no manner of person or persons shall use or 

 set or take any salmon with any such stop-nets, still- nets or standing-nets." 



