96 



The entire channel at low tides was thus undoubtedly left free ; but 

 it is well known that Salmon make along the shore in their ascent, 

 and that they are driven into the shallows by their natural enemies, 

 the larger fish of prey. Indeed, the acknowledged efficiency of these 

 modes of capture formed the policy leading to their legalization by the 

 new Enactment. The Act afforded great facilities for their maintenance 

 and erection, tending to legalize them in situations where they were 

 hitherto unlawful, and repealing all acts in force relating to fisheries 

 in Ireland whereby they were declared so. Dubious titles to ' several' 

 fisheries were left to trial at law. The title of any party claiming to 

 maintain such weirs under the 23rd section, or any party disputing 

 such title, was not to be affected by the new Act, but all parties were 

 to be entitled to their respective rights, as if the Act had not been 

 passed, except so far as such rights depended on any Act thereby re- 

 pealed. 



The first clause in the new Act repeals all prior to it, ' save and 

 except as to any offences, penalties, or matters committed, incurred, or 

 done, or which may be committed, incurred, or done, against or under 

 the provisions of the said Acts, or any of them, before the passing of this 

 Act; all which offences shall be dealt with, considered, and punished, and 

 all such penalties levied, and all such matters deemed good, valid, and 

 effectual, to all intents and purposes, as if this Act had not been passed.* 



Therefore, all parties who had been guilty of maintaining unlawful 

 fixed machinery under former law were still liable to the penalties 

 provided by statute. 



The Act of 26 Geo. III., legalizes any weir of which the proprietor 

 has had uninterrupted possession for thirty-one years, but inflicts a 

 penalty of 50, with costs of suit for debt on the owner or proprietor 

 of the land, of a weir kept up unlawfully after thirty days' notice. 



The Act of 1842 repeals the above, yet provides no penalty for the 

 case of a person assuming a right of ' several' fishery, or claiming in 

 right thereof to erect an additional weir, or to lengthen an existing 

 one. Failing to afford sufficient power to put them down when raised 

 unlawfully, it would leave the possession of a valuable yearly property 

 to the chance of a difficult question at law. 



There can be little doubt that steps should be actively taken to 

 reduce the fixed engines in Ireland by the numbers which may be 

 illegal, with respect to their locality, and extension below low-water 

 mark, on the grounds of their injury to all public powers of fishing, 

 and as interfering with the rights of possessors of legal fixed engines, 

 or other private modes of capture. 



CHAPTER IX. 



GOVERNMENT CONTROL. 



REFERRING to the " Suggestions" to the Commissioners of Enquiry 

 of 1835 to the explanation of the requirements of the Act of 

 1842, and of those subsequent to it, and to the annual reports of 

 the Board of Public Works as Commissioners of Fisheries, to 

 recapitulate the remarks made on the extracts from them : it 

 is submitted: 



