( 104 ) 





of a mill, or within fifty yards below a dam, unless these hav 

 a fish-pass. As already stated, no weir or dam for fishing is 

 legal unless its origin can be presumed to be older than 

 Magna Charta " (p, 147). "A fishing weir is defined by the 

 Act (section 4) a dam used for the exclusive purpose of 

 catching, or facilitating the catching of fish. In all fishing 

 weirs that are legal (i. e., which have had a legal origin 

 before Magna Charta), and which at lowest water extend 

 more than half-way across the stream, a free gap must be 

 made of a size and form and situation prescribed by 

 the statute, which can only be departed from by authority 

 of the Home Office. The owners of such a weir were 

 bound, within twelve months after 1st October 1861, to 

 make such a gap under a penalty of 5 per day. The gap 

 must also be maintained under a penalty of 1 per day ; and 

 any alteration or obstruction, or contrivance to deter the fish 

 from entering the gap, is punishable by a penalty of 5 and 

 upwards. The boxes and cribs used in fishing weirs or fish- 

 ing mill-dams (i. e., dams used partly for fishing and partly 

 for milling purposes) must be of a certain situation, and the 

 bars or inscales of the heck or up-stream side shall not be 

 nearer each other than two inches, under a penalty of 5 

 per day, and the same must be maintained under a penalty 

 of 1 a day. Spur-walls, &c. ; more than 20 feet from the 

 upper or lower side of the box or crib are always prohibited, 

 under a penalty of 1 per day" (p. 159). "In all dams 

 made in salmon waters after 1861, or raised or altered after that 

 date, which obstruct salmon, a fish-pass of a form approved 

 of by the Home Office must be made at the expense 

 of the person making or altering the dam" (p. 158). 

 In Scotland, respecting fixed engines, it is stated " indeed 

 the general rule has been repeatedly laid down that fishing 

 by means of any fixed machinery, or apparatus whatever, 

 or in any way except by net and coble, is illegal" (p. 179). 



CVII. " It is an offence to use fixed engines of any de- 

 Fixed engines, irrespective of scription in any waters for the purpose 

 fishing weirs or fishing mill- of catching salmon. The engine is 



dams : regulations in England. forfeited as weU as the Salmon Caught, 



and a penalty of 10 a day is incurred besides. This section 

 has nothing to do with fishing weirs and fishing mill-dams, 

 which are dealt with in section 12. All possible waters which 

 salmon freqiient are comprehended in the phrase, inland or 

 tidal waters. Fixed engines by the interpretation clause, 

 section 4 5 include stake-nets, bag-nets, putts, putchers, and 



