37 



"4th. That stake-weirs, under the restrictions of the bill, will leave 

 an ample breadth of channel beyond them at all times (not less than 

 three-quarters of a mile) open for the free passage of the fish to the 

 rivers; and that, during close season, and for thirty-six hours in each 

 week during the open season, the passage for the fish through the weirs 

 is to be unimpeded. 



"5th. That this mode of fishing has in many places been long 

 established and considered as fixed property, and gives profitable em- 

 ployment to many persons. 



" 6th. That this mode of fishing under the restriction of the bill, is 

 a means of carrying out a sound principle, namely that the greatest 

 quantity of good fish should be caught for public consumption, by per- 

 mitting the greatest number of persons to use the cheapest and most 

 improved methods, whilst, at the same time, all practices are prevented 

 tending to lessen the supply or destroy the species." 



Other arguments are advanced in this paper in favour of their use, 

 such as the impossibility of the use of draft nets over rocky bottoms, 

 or where strong tides run, and the in-economic prejudice against the 

 employment of efficient machines, on the ground of their causing a 

 diminution of employment. The existing state of things, and the 

 probable increased ill consequences of the unsatisfactory state of the 

 law regarding these engines, is also brought forward as a reason for 

 definite legislation. Their use was rapidly increasing, subject to no 

 restrictions as to extent, situation, close times, or form of construction, 

 and without the requirement of any weekly opening for the passage of 

 fish. " In many places of Ireland, they have been used vexatiously 

 and injuriously to the public interest in localities where their use is 

 proposed to be prohibited by the bill; whilst in many parts of Scotland, 

 it is stated that they have been increased in number in the narrow parts 

 of many rivers, and extended almost to meeting across their mouths, 

 so as to deprive the upper fisheries of a great portion of their value." 



Many persons, arguing from this abuse, had contended that the 

 principle of legalizing these engines should be rejected, while on the 

 other hand, it was advanced that their establishment in many cases, 

 and usage, had created a just title, and that the privilege having been 

 generally conceded to the proprietors of lands adjoining the sea and 

 tideway, of being the ' usufructuaries' of the shore, between low and 

 high water mark, it would appear impracticable to suppress or restrict 

 the exercise of those rights, provided they be not extended so as to 

 become detrimental to navigation, or otherwise to create a public 

 nuisance. The various restrictions on their use were to confer ad- 

 vantages not then in force equally on the proprietors of the lower and 

 upper parts of rivers, as a portion of the equitable settlement proposed 

 to be effected as regarded the salmon fisheries, and to these the coast 

 proprietors were called on to accede, in consideration of the removal 

 of the legal doubts, and on account of the advantages they would, in 

 common, derive from the preservation of the breeding fish. 



The pamphlet sums up with these conclusions : 



' 1st. It is admitted by all, that a Fishery Act is essentially necessary, 

 and has long been required, both for the sea and inland fisheries of Ireland. 



* 2nd. It is admitted that such an Act must provide a settlement of 

 the many conflicting interests in salmon fisheries. 



