101 



LOCAL CONTROL. 



Public rights obtain largely in Ireland. This cardinal difference 

 as to the composition of Fishery property is a less inducement to 

 the laws being carried into effect in this country through the 

 instrumentality of private individuals than in Scotland, and 

 affords the strongest argument for the necessity of Government 

 control. Where private rights prevail, or clash with the interests 

 of the community, the law requires to be enforced with a firm 

 and impartial arm, and the interposition of Government ' Resi- 

 dent' Magistrates is often advantageous. But as judicial and 

 penal powers have been devolved primarily into the hands of the 

 local authorities and tribunals of the country, the effects of the 

 law rest mainly on the exercise of those powers. 



The recent enactment, termed the ' Assessment Act/ has 

 divided the country into districts, and invested in each a body 

 of men, locally interested in the Inland fisheries, with service- 

 able powers for their regulation and improvement. 



The Act for the Assessment of instruments ,of capture, to 

 provide funds for purposes of protection, was passed in 1848. 

 Its provisions might well have accompanied the enactment six 

 years prior to it; the necessity, expediency, and equity of its 

 principle, as has been seen, was repeatedly urged by the Com- 

 missioners in their annual reports, in which the causes of the 

 failure of Voluntary associations and private subscriptions are 

 explained. It may be added that a general desire throughout 

 the country prevailed in favour of it. 



It may be styled an elective system of self-management, 

 creating a species of county board of conservators or protectors. 

 The elective principle is well carried out, giving cumulative 

 votes to those whose interest in the fisheries is represented by 

 the amount of tax paid ; * the proceeds are applied solely to the 

 benefit of the right of property assessed.f 



* The Select Committee recommend that the scale of license duties should 

 undergo an immediate revision in order that the burdeu of the assessment may 

 be made to fall as much as possible upon those classes which derive the chief 

 benefit arising from its expenditure in conservancy, and that the very poor may 

 be, as far as possible relieved, and that rates leviable upon engines less efficient 

 for the taking of fish may be reduced. 



That the highest proportional rate should be levied from fishing property in 

 which a vested and heritable interest exists, is manifestly equitable. 



The funds might often be advantageously employed in enforcing the law as to 

 encroachments upon the public, who, as a community, or as poor persons, do not 

 generally understand or vindicate their legal rights- 

 Power might be given to the local boards to apply them in defraying the pre- 

 liminary expenses of opening gaps in fishing and other weirs. 



t Some slight amendments are required to improve the Act. 



It is not desirable that the elections of Conservators should take place every 

 year, as frequent changes might create confusion, and loss of experience. 



Rods for trout fishing were not made liable to license duty, but it is reasonable 

 they should contribute to a small amount. They are often used to take salmon, 

 and it is difficult to prevent that use. The fry of salmon are liable to be taken 

 by trout rods, while they are not caught by the large hook of a salmon rod. 



