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the law, and insuring its enforcement ; and by affording sucli 

 means as will fulfil the intent of the enactment in its valuable 

 perfection, and thus raise the River fisheries of Ireland to their 

 height. 



The recommendations of the Select Committee set forth the 

 measures they deemed advisable ; these may be classed under the 

 heads of LEGISLATION, CONTROL, and IMPROVEMENT. 



The following points appear to be those on which the inter- 

 position of the Legislature is mainly needed. 



I. AN AMENDED STATUTE, consolidating the five Fishery Acts, 

 and generally amending and clearly defining their language where 

 vague, and, in detail, correcting the imperfections of many of 

 their provisions. This would unquestionably require to be done 

 with much care, and by competent legal skill, assisted by those 

 whose practical knowledge of the subject, and of the working of 

 these Acts, would enable them to point out such deficiencies as 

 have been disclosed in their past operation. It is desirable that 

 drafts of a bill be furnished to the Boards of Conservators, as 

 representing the parties interested. 



Such an amendment is advised in the first recommendation of 

 the Report. Attention is also directed to some particular cases 

 of difficulty. Among these, with regard to the use of fixed 

 engines, " it is provided by the 23rd and 24th sections of the 

 5 & 6 Viet., c. 106, that 'nothing therein contained shall be 

 construed to render illegal' any stake-weirs and contrivances for 

 placing nets ' which had been established' for periods of ten and 

 twenty years, in certain cases, before the passing of the Act. 



" It will be observed, that the effect of the reservation is 

 neither to legalize the erection, nor to make it illegal, but simply 

 to leave the title as it was before the passing of the Act. 



" A great difficulty, however, appears to have occurred in the 

 construction of the reservation, from the use of the word ' estab- 

 lished/ It is strongly contended by some parties that the sense 

 is ' established at law,' and this construction is as strongly 

 contended against by others who interpret the word to mean, 

 ' set up,' or ' maintained;' and who therefore refer it to a simple 

 matter of fact. 



" Assuming the latter construction to be correct, some have 

 contended that at all events a continuous and peaceful establish- 

 ment during the period, is necessary to give the benefit of the 

 reservation. Others again allege that, so that the period can be 

 made up, it matters not how many years may have intervened 

 during which the erection in question may have been abated. 

 These differences of construction are by no means confined to the 

 parties interested in supporting them. It appears that they have 

 formed the occasion of conflicting decisions in courts of justice, 

 and of divisions of opinion amongst members of the same court. 



