57 



stacles exist, as the means of bringing about a nearly uniform 

 system, by allowing of the various migrations of the fish at the 

 times when they are impelled by nature to these movements ; 

 and it is, therefore, the more to be deplored that the parties 

 interested have not afforded to us the means of executing such 

 valuable improvements." 



The trials as to the legality of stake-weirs in the estuary of 

 Waterford had ultimated in decisions adverse to their use ; yet 

 some, the title to which, it was stated, depended on similar 

 grounds to those of the condemned weirs, were again erected : 

 " Upon the representation of an officer of this Board some of 

 these latter were taken down, but others yet remain ; and as 

 the cot-fishermen have been with difficulty restrained from 

 taking the law into their own hands, it perhaps will be found 

 necessary to subject these weirs also to indictment, so that the 

 title to maintain them or otherwise may be finally settled. We 

 trust that the result of these trials will lead to the abandonment 

 in other similar localities of weirs not bond fide protected by 

 the provisions of the 23rd and 24th sections of the Act 5 & 6 

 Viet., c. 106. 



" When once the number of legal or protected weirs is de- 

 cided upon in each locality, the law will be finally adjusted as 

 regards that district, and thenceforward easily enforced against 

 parties attempting to erect new ones." 



The Act of 1845 subjected the use of illegal weirs and nets 

 to the same penalties as their erection : summary powers were 

 given to the Commissioners to suspend their use, and remove 

 them in prohibited places : a penalty enacted for their use by 

 persons other than those entitled by law, and another for re- 

 erecting them, or for their use, each day, where decided to be 

 illegal ; and compensation provided for malicious injury to those 

 lawful. Power was given to prohibit the use of engines inju- 

 rious to fisheries ; to make oyster beds, and by-laws for the 

 regulation of the oyster fisheries, and the duty on warrants for 

 water bailiffs was lowered, to induce their general appoint- 

 ment. 



The Fourth Annual Report is dated 13th May, 1846. A 

 general inquiry into the state of the salmon fisheries throughout 

 Ireland, and especially as to the fitness of the Close Season fixed 

 by law, had been completed. The difficulties embarrassing a 

 satisfactory conclusion on the subject of the close season are 

 hard to adjust. Among other considerations, it requires a prac- 

 tical knowledge of details of ichthyology as to the natural 

 habits of the salmon tribe in their breeding and migration. 

 The Commissioners had been repeatedly urged to depart from 

 the principle of a uniform close season ; after a deliberate and 

 careful investigation, they determined in favour of it. 



