48 



the law as it now stands, particularly as regards the observance 

 of the close season. The endeavour in framing the Act has 

 evidently been to open the mode of fishing in such manner as 

 to admit of the greatest supply of fish being obtained by the 

 public, while each should be under such partial restrictions as 

 might tend to the preservation and increase of the breed, and 

 enable all those who could reasonably claim the right, to parti- 

 cipate in the fishery in a greater degree than they had ever 

 done previously. There was for some a very prevailing impres- 

 sion that it would become the duty* of this Board to appoint 

 inspectors, and to regulate all the inland fisheries, and very 

 numerous applications for such appointments were received 

 from various quarters, and many requisitions were made on the 

 Commissioners to interfere in the maintenance of the law ; 

 explanations were necessary to those requisitions, that the 

 maintenance of the law was now with the public, or with parties 

 interested, and that the only duty of the Board was, in a few 

 specified cases, for reconciling different interests." 



It is contended that the Board in this instance took a con- 

 tracted view of the intent of the measure, clearly providing for 

 a staff of inspectors f to act as in Scotland, and who would, by 

 their actual and unremitted attention to circumstances of a 

 local nature, furnish the executive with such information as 

 would check abuses and promote improvement : in effect, aid 

 in those matters on behalf of the Crown and the public in which 

 the community might suffer by neglect. For example, so 

 cogent was the power invested by the statute for the repression 

 of one serious encroachment on common freedom, as to autho- 

 rize the Commissioners to declare any stake, weir, or fixed net 

 a nuisance, which should, upon due inquiry, appear in their 

 judgment to be placed in a manner injurious or detrimental to 

 Navigation, and then authorize any person to remove them, 

 without appeal. 



* On the passing of the Act an Inspector of Fisheries was appointed, who was 

 also a Commissioner of Drainage ; and soon after, an additional inspector, whose 

 time was to be devoted to the Sea Fisheries. 



t The second section of the Act provides, " that it shall and may be lawful 

 for the said Commissioners with the consent and approbation of the Commis- 

 sioners of the Treasury, from time to time to appoint, during pleasure, such 

 and so many persons to be Inspectors of Fisheries, and also such additional clerk 

 or clerks or other officers as may be necessary for the purposes of this Act." 



Such local inspectors would perform the duties of seeing that the law was 

 carried out in river fisheries, as to ' queen's shares' in fishing weirs, and the 

 observance of the close time in all descriptions of fishing : giving early intima- 

 tion of encroachments on public rights, or of apprehended breaches of the peace ; 

 report the erection of new mill-dams, in order that the legal passes should be 

 made ; attend to the registration of fishing vessels ; fulfil the useful purpose of 

 calling the attention of the coast guard and police to the performance of their 

 duties in remote places, and the valuable one of imparting instruction to the 

 coast population ignorant as to the best modes of fishing ; and all other import- 

 ant services connected with the Fisheries. 



