39 



explain the tenor of its various bearings, of its policy and provi- 

 sions, and point out latent defects, will be found throughout 

 this ' Inquiry/ 



The fundamental principle of the Act appears to have been 

 the essentially just one of not infringing on existing rights, 

 where expedient for the general good, without affording due 

 powers of compensation, either by providing for the general 

 increase of fish, or by separate awards where distinct private 

 privileges were invaded : with the healthy intent of leaving 

 the vindication of all rights to the parties concerned : and 

 giving facilities for repression of encroachments, and ample 

 powers for control and improvement. 



A great number of former enactments were repealed. The 

 unjust requirement of a qualification to kill salmon, contrary to 

 the principle of enjoyment of ' common of piscary,' and to our 

 general freedom, was very properly exploded. Definite provi- 

 sions were made for matters before doubtful. Owners of ' seve- 

 ral ' fisheries on the sea coasts and estuaries were empowered 

 to erect fixed contrivances. No restrictions not previously ex- 

 isting were put on the right to angle. ' Several' rights were 

 conferred on tenants of lands adjoining the sea shores and estu- 

 aries, and the rights of the poorer class of fishermen who de- 

 pend on salmon fishing in the tideways, and in common public 

 fisheries, were strictly preserved at law. 



It was believed that, it being the interest of all classes to 

 observe the law, a general spirit of protection would arise. 



The Act also contains provisions for further regulation and 

 improvement. It constitutes the Board of Public Works Com- 

 missioners for its execution, and invests them with many powers 

 more enabling than ministerial. So far as this portion of their 

 duties is concerned, the public could not expect that any gene- 

 ral interference through their officers in putting the law in 

 force would be adopted; neither is it the opinion of those 

 anxious for the improvement of the Irish Fisheries that any 

 such system should have been adopted. 



In framing the Act, however, another most important princi- 

 ple is specially recognised, namely, that of superintendence, 

 investigation, and inquiry. The general disorder and long 

 continued abuses, and the neglect of the law, had so deranged 

 the Irish Fisheries, had so involved them in confusion, that no 

 measure, in its first application, could be expected to meet 

 all requirements and exigencies; therefore the Legislature 

 deemed it necessary to do something more than merely legis- 

 late for the infliction of penalties. Accordingly comprehensive 

 and efficacious powers were vested in the commissioners to or- 

 dain such by-laws, orders, and regulations as in their discretion 

 should seem expedient for more ' effectual government, manage- 



