54 



informed that little if any loss has "been sustained by the weir 

 owners, whilst the persons in the interior have derived some 

 advantages which encourage them in the protection of the 

 breeding fish. In other instances, however, the parties erect- 

 ing the weirs have been less ready to give up the advantages 

 they derived from their use ; and after an examination into the 

 circumstances, we deemed it our duty, in one case, where there 

 were extensive public Fisheries affected, and formidable breaches 

 of the peace apprehended, to bring the matter under the con- 

 sideration of the Government, by whom prosecutions were 

 instituted before the proper local authorities. In the county 

 at one side of the river, (Wexford,) convictions were obtained 

 at the petty sessions court, and confirmed on appeal, at the 

 quarter sessions. In the county on the other side of the river, 

 ( Waterford,) the complaint of the Crown was dismissed at petty 

 sessions court, and the dismissal affirmed at the quarter sessions, 

 (contrary, however, to the opinion of the Assistant-Barrister,) 

 although the nature of the offence was the same, and the case 

 was argued and defended, by the same counsel in both counties. 



" Notwithstanding the convictions obtained, the illegal weirs 

 were again erected this year, and the result has been that great 

 discontent and dissatisfaction have been created : and we under- 

 stand that the fishermen have recently taken the law into their 

 own hands, and openly prostrated the weirs in the narrow parts 

 of the estuary and tidal parts of the rivers. 



" We are not aware that there is any ambiguity as to the real 

 meaning of this part of the Act, and the intention of the Legis- 

 lature with respect to stake-nets erected in places less than 

 three-fourths of a mile broad ; but as it involves questions of 

 legal construction, and frequently property of large amount and 

 value, either to individuals, or large portions of the public 

 exercising the common right of fishing in the tideway, it is of 

 great importance that the case should be settled by competent 

 authority. 



" The local societies, formed with laudable zeal to protect 

 the fish in their almost defenceless breeding places, and other- 

 wise to enforce the provisions of the act, complain that however 

 palpable the necessity for protection, and however strongly 

 urged by the most intelligent and zealous of their acting 

 members, they cannot procure by voluntary subscriptions, suffi- 

 cient means effectually to carry out this most useful object." 



Suggestions of an assessment Bill, and for powers to be 

 given to the constabulary, are then made, and it is noticed that 

 compensation could not be obtained under the Grand Jury Act 

 for malicious injury done to fishing weirs now legally used, " it 

 having been ruled by the Court, that these kind of weirs were 

 not recognised as legal at the time of passing that Act." 



