151 



uninterrupted possession for thirty-one years, or have held by patent 

 or charter grant. If it was defined under what circumstances, and in 

 what manner, the queen's share could be enforced, where none existed 

 when the Act passed, it would clearly, under the provision of the 59th 

 section, be the duty of the Commissioners to have it done; but framed 

 as the 5 & 6 Vic. is, in this respect, it could not be expected that the 

 Commissioners should originate expensive, and perhaps doubtful proceed- 

 ings, to ascertain this; and no private party is likely to do so. Those 

 provisions made with regard to compensation, when the parties might 

 be entitled to it, and the mode of assessment for the amount, never will, 

 we are convinced, be acted upon, as no private party, circumstanced as 

 the rivers are in Ireland with respect to the right of fishing, can have 

 sufficient individual interest to induce him to do so. No one will incur 

 the preliminary expense, which cannot be recovered unless two-thirds 

 of the persons to be assessed agree. Such cumbrous legislation is quite 

 inapplicable to the question; and the parties to be assessed are not 

 those who would derive the largest benefit. Those most to be served 

 in opening such weirs, by which the upper waters would be amply 

 stocked for brood, are the public, who fish in the tideways and around 

 the coast under the common-law right of all subjects. We think, in 

 the first instance, the law should be made definite with respect to the 

 test, by which it shall be determined which weirs should and which 

 should not be opened without compensation, by investing the Com- 

 missioners with powers to ascertain by inquiries, what weirs came under 

 the exceptions in 26 Geo. III.; and as the provisions in that Act may 

 not be quite clear, we think it would be expedient to render them so in 

 an amended Act. Were this done, the powers of the Commissioners 

 under the 59th and 60th sections might be made available for effecting 

 the object of the Legislature; and the number of weirs now existing 

 without gaps, might be so reduced in number, as to render the aggre- 

 gate sum required for compensation so trifling, that it might be pro- 

 vided by instalments from the assessment funds, advance being made 

 first from some other public fund. 



REMOVING NATURAL OBSTRUCTIONS, AND MAKING PASSES OVER MILL- 

 WEIRS EXISTING IN 1842, (before the passing of the Act.) Section 62 

 provides, that Commissioners, upon application, and expense being 

 paid, shall remove natural obstructions. Section 63 provides for 

 making passes in existing mill-weirs, upon expense being provided by 

 parties making application. II & 12 Vic., c. 20, provides that a 

 portion of funds raised by assessment may be applied to this purpose. 



REMARKS. In very few instances have parties come forward to pro- 

 vide funds for these purposes. Few have a sufficient individual in- 

 terest to induce them to do so. It is of great importance that such 

 passes should be made generally throughout Ireland. The benefit 

 would be very great to the fisheries, not merely to parties above those 

 weirs, but to the public below, and around the coasts; as in the case 

 of gaps in fishing weirs ; as the impediment to the heavy breeding fish 

 seeking to ascend the rivers to spawn, in the close season, is far the 

 greater evil of such obstructions. 



Something may in time be effected towards a remedy for this, 

 through the application of the funds raised by assessment under the 11 

 & 12 Vic., but the process must be very slow, as those funds will be all 



