104 STATUTE LAWS RELATING TO 



the fish was rendered still more difficult than it was 

 at first, and became altogether impossible. On 

 which Mr. Chitty gave the following answer : 

 " I am of opinion, that the above-mentioned alte- 

 " rations in the weir, constituting so material an 

 " obstruction to the water- course and fishery, is a 

 " public nuisance, and that any person, notwith- 

 " standing the lapse of time, may legally abate the 

 " same, or proceed by indictment. As the nui- 

 " sance has been so long permitted to continue, it 

 " will certainly be most prudent to indict the par- 

 " ties who cause this weir to be continued." Yet 

 this weir still continues. 



Nothing can be more prejudicial to the salmon 

 fisheries than weirs, because they direct the natural 

 stream into artificial cuts, where snares are erected, in 

 which all the fish are taken. They are so contrived, 

 in such various shapes, at different places, that no 

 fish, great or small, can pass up or down but by the 

 permission of the owner. A well-known paper-mill 

 in this county has the whole contrivance under lock 

 and cover within the mill-house, and the capture and 

 destruction of the fish are committed in privacy. 

 No investigation can be made, or light thrown 

 upon the subject, but by entering a house by force 

 and breaking lock, and these are things not plea- 

 sant to be attempted. Weirs, however, may be 

 so constructed, as to answer the fair purposes of 

 trade, without entailing ruin on the fisheries. So 

 much for weirs. 



