79 



would at least appear that hitherto the law had been considerate of 

 those above, where a prior claim exists, care being necessary, and 

 which cannot be exerted below, and that a new law has unscrupu- 

 lously increased the lower means of capture, always naturally the 

 greatest, and perhaps sometimes used on a title of doubtful legality. 



Counsellor Alcock, however, states farther on, (page 467,) that he 

 would limit the use of Fixed Engines within reasonable bounds. * I 

 will mention the principle of restriction which I would adopt. I would 

 be unwilling to restrict the use of weirs in the lower rivers, inasmuch 

 as they afford a more eligible mode of fishing in order to supply the 

 market, and greater facilities of taking the fish where they are in the 

 best condition. I would restrict the use of those weirs, so as to leave a 

 fair share of the bounties of nature to go up to the upper proprietors. 

 Secondly, I would restrict them with reference to leaving a sufficient 

 stock of fish to supply the nursery \ and also I would give an encourage- 

 ment to the proprietors of the upper portions to protect the nursery, be- 

 cause it is entirely within their private preserves. But in every other 

 respect, I consider that the rights which the proprietors of the upper 

 river have are private rights of fishing, and rights in which the public 

 have very little share or interest, because it is a right not to have the 

 fish for the supply of the market to be taken by a net, but it is a 

 right to stock a preserve that these gentlemen may have a monopoly 

 for themselves and their friends, and may lease out those fisheries for 

 others to fish, as a matter of sport. I consider it advisable in the 

 lower river to have the means of catching the fish, because non constat 

 that the fish will ever go up, and from every opinion which I have 

 been able to form, I do not know whether there are not many more 

 fish destroyed by grampuses in the open sea, and by seals and por- 

 poises in the estuary, than are destroyed by man ; and I think it 

 politic that the market should be supplied by having the proper engines 

 to take them in that estuary, where they are being destroyed by those 

 marine enemies.' Evidence, page 467. 



CHAPTER VIII. 



SUMMARY SALMON FISHERIES LEGISLATION. 



IN the last session of Parliament, at the instance of Mr. Anstey, 

 member for Youghal, a select committee was appointed " to 

 inquire into the Present State of the INLAND FISHERIES and 

 NAVIGATION of Ireland, and the obstructions which hinder the 



the Waltonian craft. By-and-bye, however, Richardson, who was an admirable 

 angler, hooked a vigorous fellow, and after a beautiful exhibition of the art, 

 landed him in safety. * A fine fish, Tom !' O ay, Sir !' quoth Tom ; ' it's a 

 bonny grilse !' ' A grilse, Tom !' says Mr. Richardson ; ' it's as heavy a salmon 

 as the heaviest you were telling me about.' Tom showed his teeth in a smile 

 of bitter incredulity ; but when weighed, the result was triumphant for the 

 captor. < Weel,' says Tom, letting the salmon drop on the turf, weel, ye are 

 a meikle fish, mon, and a meikle fule, too,' (he added in a lower key), ' to let 

 yoursel be kilt by an Englauder.' Life of Scott. 



