100 



property. The necessity for carrying out the laws through the 

 agency of a State department is clearly shown, so far as relates 

 to those matters in which the interests of the community are 

 concerned. 



Questions as to the legality of public rights, or of disputed 

 exercise of private claims militating against them, may properly 

 come under the cognizance or interposition of the Crown, as the 

 guardian of public interests, where such are greatly injured, and 

 where unanimity, centralization of action, responsibility as to 

 expense, and accurate legal and scientific knowledge are re- 

 quired, such as the public cannot be expected to be capable of, 

 to undertake, or to possess.* 



It is evidently necessary and expedient for the protection of 

 these rights, that means should be afforded by which a more 

 uniform obedience to the law may be enforced with respect to 

 public abuses. It is to be hoped that the Legislature will autho- 

 rize the Fishery Board, as the officers of Government best 

 acquainted with the nature and circumstances of such matters, 

 to take the preliminary steps for establishing their illegality, and 

 for their speedy abatement when proved unlawful. 



A county surveyor is authorized to knock down any wall form- 

 ing an illegal obstruction in a highway, and Government officers 

 might be allowed to prostrate an illegal obstruction in a tideway; 

 its removal would benefit those who are too poor to litigate the 

 question of title, and the substantial weir owner might bring 

 his action against the officials if they had acted illegally. 



* The Crown Solicitor, writing to the Board of Works as to the prosecution of 

 illegal weirs in 1848, observes: 'I need not remind you of the vast importance 

 of these cases, when viewed rather as the establishment of civil rights than the 

 suppression of criminal offences, hence it is that I request this assistance to be 

 furnished from the fishery department (namely, the aid of the inspectors of 

 fisheries to procure the evidence and statements of such scientific persons, 

 bailiffs, and others, as may support the case) ; and I would suggest that scientific 

 witnesses, well acquainted with the respective localities where the several weirs 

 are erected, with the currents of the river at all periods of the ebb and tide, 

 capable also of giving evidence as to the natural history and habits of salmon, 

 and other fish; as to the construction and operation of weirs, and as to fishing 

 generally; persons understanding the navigation of the river Suir practically, 

 as well with small as large craft, and consequently acquainted with the effect of 

 the currents, both of wind and water.' Report Appendix, p. 90. 



In some disputed cases which might come before the Board, no question might 

 arise as to rights of property, but merely of the right to use a particular engine, 

 depending on hydrographical circumstances. Local inquiry, and decisive au- 

 thority, appears requisite in these cases. Where cases of title arose, they would 

 be referred to the competent tribunals, and wherever the rights of the public 

 were obviously infringed, the Board might institute proceedings, and assist by 

 explanation. The Select Committee considered it expedient to devolve a power 

 to regulate the length of nets to be used in all rivers, according to the breadth of 

 such rivers respectively. 



Some practical objections have been raised by competent persons against per- 

 mitting the use of draft-nets above the tideway; the narrowness of the stream 

 enables an interception that cannot occur lower down : witnesses examined before 

 the committee in 1824 stated that dragging nets over spawning grounds in the 

 spring is very hazardous to the young fry when emerging from the gravel. 



