\60 STATUTE LAWS RELATING TO 



her of conservators should be appointed, and sworn 

 to see the laws enforced. 



If these principal objects are carried into a law, 

 salmon will soon be as plentiful as they ever were. 

 As we proceed, we shall see how inadequate the 

 present laws are to that end. Still, invalid and 

 defective as they are, some good may arise to the 

 public from their being put into execution, should 

 a new act never be obtained ; though it be confined 

 to removing obstacles and seizing unlawful nets, 

 under the 1st Elizabeth, with the assistance of a 

 jury. The first act on this subject is, 



9 HENRY III. c. 23. 



66 All weirs from henceforth shall be utterly put down 

 " by Thames and Medway, and through all England, but 

 *' only by the sea coasts." 



Confirmed and amended by 12 EDW. IV. c. 7. 



With respect to weirs, a very important deter- 

 mination took place a few years since before Lord 

 Ellenborough. It was the case of Wild and 

 Hornby, 7 East. Reports, p. 195. The pleadings 

 and arguments of counsel may be seen by referring 

 to the reports, but I shall only transcribe the 

 judgment of the court as delivered by Lord Ellen- 

 borough. The action was brought for building an 

 impervious stone weir or dam in lieu of an ancient 

 brush-wood weir ; and a verdict was given for the 

 defendant. The question came before the court 

 on an application for a new trial ; and when it was 



