WEIRS AND DAMS. 219 



enough water to enable salmon to use it. The con- 

 sequence of neglecting these directions is that the weir 

 or dam, though lawful as far as antiquity goes, is regarded 

 as an unlawful one, and the penalties above mentioned are 

 incurred by using it for salmon fishing. 



All fishing for salmon otherwise than with rod and line 

 in the immediate neighbourhood of a weir or dam (50 

 yards above, 100 yards below), or in a mill-race or weir 

 cut, is illegal ; and so is fishing in the like places, even 

 with rod and line, " in such a manner as to wilfully scare or 

 hinder salmon " from passing in the usual manner. The 

 penalties are the same as for using an unlawful weir or ' 

 dam ; but if the weir or dam is provided with a proper fish 

 pass, the person entitled to the local right of fishing must 

 be compensated before they can be enforced. 1 



It is also forbidden under similar penalties to "place 

 any device for the purpose of obstructing the passage of 

 the young of salmon." a 



The Acts contain various directions as to making fish 

 passes and " free gaps," of which the general effect is that 

 the owner of an old dam, subject to the discretion of the 

 local conservators and the Home Office, is liable to have 

 a fish pass made in it (but is entitled on application 

 within two years to compensation, if his dam is injured 

 thereby), and the constructor of a new dam, and the owner 



instead of "One of Her Majesty's Principal Secretaries of State," 

 which is the proper legal expression the assignment of particular duties 

 to a particular Secretary of State under the name of the Home Office 

 being a matter of administrative convenience, and no part of the 

 Constitution as recognised by positive law. 



1 1873, s. 17, extending and apparently superseding the provisions 

 of 1 86 1, s. 12, sub-s. 2, which, however, is not repealed. 



2 1861, s. 15, 



