87 



purposes the Commissioners might he authorized to order the 

 necessary steps. The law having been made clear, the removal 

 of encroachments would be only a matter of Police, attention to 

 which should rest with, and the duty be performed by (as in 

 other matters of Police), a Public Department, arid the protection 

 of public rights not left to the chance intervention of irrespon- 

 sible private parties, perhaps interested, or under the influence 

 of ' fear, favour, or affection.' 



The question of obstructions to Navigation might properly be 

 separated from that of Fisheries, and the Commissioners of Fish- 

 eries need not have their present powers to deal with it. The 

 Admiralty possess full powers, and the Commissioners of Fisheries 

 might be required to forward to that department all complaints or 

 objections made to them by any persons who may feel themselves 

 aggrieved by the erection of any fishing engine, accompanied by 

 their report. Such a course appears to be legitimate and expe- 

 dient, and would furnish the humble owners of small craft with 

 a medium through which their case could be made known.* 



Local interests will sometimes influence the decisions of Petit 

 Sessions Courts.f The Act of 1842 gives power to any person 

 who shall think himself aggrieved by any judgment, order, or 

 conviction of any Justice or Justices of the Peace to appeal to 

 Quarter Sessions; but it appears expedient to give all such per- 

 sons the option in the first instance to appeal either to the 

 Quarter Sessions or to the Judge of Assize. 



On reference to the Select Committee's Report it will be seen, 

 that the entire questions affecting the important interests of the 

 community as regards all species of fishing property have been, 

 fully and ably dealt with. 



After a consideration of the serious evils that result from 

 want of obedience to the law with respect to public abuses, 

 by means of illegal modes of fishing, it appears undoubtedly 

 necessary that the Fishery Board should have the power to 

 originate proceedings in cases of dispute or breaches of the 

 law. They might be authorized, in case of any controversy 

 arising as to any claim or pretension to a public or ' several* 

 right of fishery or navigation, or in any question as to the law- 

 fulness of such modes, or as to the liability of parties to open 



* The Act gives greater facilities for the destruction of weirs which are nuis- 

 ances to navigation than were enjoyed by the people at common law, but they are 

 not applicable to them when illegal at common law as encroachments on public 

 Piscaries, and in which respect the common-law process, and not the statutory 

 one, must be resorted to. Any amendment of the law which would simplify or 

 secure the process would be to that extent an amendment, and very great 

 benefit to the existing law See Evidence, p. 149. 



f There is occasionally, in all parts of Ireland, a disposition on the part of 

 Magistrates not to interfere in disputed cases, and difficulties as to obtaining 

 convictions in the case of stake-weir owners See Appendix to Report, 1849, 

 p. 50, and Evidence, p. 142. 



