36 



enforced them, and compensation was to be assessed. Here the 

 law is defective, because the parties to consent are not those 

 most materially interested, and the details are too cumbrous 

 to be practically carried out. 



2nd. Putting passes over mill-dams erected prior to the Act, 

 and removing natural obstructions. In these cases the funds 

 were to be provided by the parties applying and not assessed, 

 and the remark as to insufficient interest equally applies. 



The first item has remained a dead letter. For the latter, 

 although the means of greatest consequence for insuring the 

 full increase of brood, it does not appear by the reports fur- 

 nished that any results have been obtained through the instru- 

 mentality of the Board ; but one or two cases, only, may have 

 occurred where its powers were exercised. 



It may be said with truth, that these provisions have been 

 generally inoperative.* The interests situated above the new 

 machinery have, therefore, reasonable grounds of complaint : 



1st. Of the infraction of the principles of early statutes di- 

 rected against monopoly. 



2ndly. Of the diminution of their original powers of capture. 



3rdly. Of the non-realization of those measures intended as 

 compensatory for the encroachment, and employed as argu- 

 ments for the bill. 



NOTE. 



THE POLICY OF PERMITTING THE USE OF FIXED ENGINES was argued 

 on the following reasons : 



" 1st. That salmon is in best condition as an article of food in the 

 eea and tideways, and deteriorates in value in proportion to the length 

 of time it remains in the fresh water. 



" 2nd. That the extension of fixed modes of catching salmon n the 

 sea and tideways at proper seasons and under proper restrictions, 

 coupled with a reasonable protection of the spawning fish, tends greatly 

 to the increase of the gross quantity of fish caught.f 



"3rd. That great quantities of salmon are caught in these weirs 

 which would otherwise be destroyed by porpoises, seals, &c., as the 

 salmon remain for a considerable time in the estuaries, passing up and 

 down with the tide, (during which time they are exposed to the 

 attacks of these animals,) before they seek their way up the river to 

 the spawning-grounds; and that, when they feel the full impulse of 

 nature to proceed to the spawning-ground, they keep the deep water 

 in the channel, and therefore cannot be taken in stake-weirs, which, 

 by the bill, are only to extend to low-water mark. 



* See the Reports of the Inspecting Commissioners, in Appendix. 



f " See Evidence as to Lough Foyte, Second Report Irish Fisheries, page 19, 

 where it is proved after nine years' trial of stake- weirs, that the gross quantity 

 of fish caught was increased more than three times; and the same result is at 

 present taking place in the Shannon." 



[N.B. But the case of Lough Foyle is that of a fishery, the profits of which 

 are principally private, and is therefore not generally applicable.] 



