220 THE FISHERY LA WS. 



of every fishing weir, is absolutely bound under penalties to 

 keep a sufficient pass or gap, and if there is not one already, 

 to make one ; J failing which, the Home Office may have the 

 work done at his expense. 2 These latter rules apply to 

 the rebuilding or restoring of old weirs or dams, and to all 

 artificial obstructions to the passage of salmon. 3 



Injuring or obstructing fish passes is an offence punish- 

 able with fine up to $, the expense of reinstatement, and, 

 if the injury is a continuing one, a further daily fine up to 

 i for so long as it is continued. 4 



In special cases weirs, dams, and the like may be taken 

 by the local conservators by way of compulsory purchase ; 

 but this is an extraordinary proceeding, though it has 

 sometimes been put in use. The conservators must first 

 petition the Home Office ; the Home Secretary, if satisfied 

 that there is a case for inquiry, directs an inquiry, and on 

 the result of this he may make a provisional order for 

 compulsory purchase, which must be confirmed by an Act 

 of Parliament in order to take effect. 5 But if the conser- 

 vators can come to an agreement with the owner of a 

 weir, &c., they may, at their own discretion, buy it for the 

 purpose of removal. 6 



Owners of artificial cuts leading out of salmon rivers 

 must provide gratings to keep young salmon from coming 

 down them, 7 and local conservators also have power to 

 fix gratings for the same purpose, provided that they 

 do not hinder navigation or other rights to the use of 

 the water. 



By the Act of 1865 the function of inquiring into 



1 1861, ss. 23-25, 28 ; 1865, s. 32. z 1873, s. 46. 



8 1873, s. 48. * 1873, s. 49- 



5 1865, s. 27, sub-s. (3). fl 1 86 1, s. 13. 



7 1873, ss. 58-61. 



