SALMON LEGISLA TION IN SCOTLAND. 529 



respect to the construction and alteration of mill-dams or 

 lades, or water-wheels, so as to afford a reasonable means 

 for the passage of salmon," which they did accordingly by 

 Bye-law G. annexed to the Act With regard to this bye- 

 law, Mr. Stewart, in his ' Treatise on the Laws of Scotland 

 relating to Rights of Fishing,' says : " It will be observed 

 that the Commissioners' bye-law leaves existing mill-dams, 

 &c., as they are, and, however destructive they may be to 

 the passage of the fish, no alteration in them is required, 

 until a reconstruction is undertaken by the proprietor ; 

 then, and then only, must the regulations of the bye-law be 

 given effect to." This does not seem exactly correct. It 

 is only the first paragraph of the bye-law, relating to the 

 making of dams watertight, that refers to new dams or 

 dams requiring to be renewed or repaired. It does not 

 appear that there is any authority for applying this restric- 

 tion to any other paragraph in the bye-law, in which the 

 expression used is always " every dam," " every mill lade," 

 &c., &c. This difference is particularly of consequence 

 with regard to salmon passes or ladders, which are to be 

 " on the down-stream face of every dam, weir or cauld." 

 This distinctly includes every dam, &c., whether new or old. 

 The district boards have, therefore, full power to insist on 

 salmon passes being placed in every dam or weir in any 

 salmon river in the country, but, if there is any doubt on 

 the point, it should be removed in any new Act. There 

 are still, however, many dams in existence with no passes 

 at all, others where the pass made is quite insufficient, and 

 others, still, where the pass makes a greater obstruction 

 than existed before, although this is in express contra- 

 vention of the last paragraph of the bye-law, and in all such 

 cases the powers of district boards should be put into use, 

 and would, no doubt, prove sufficient, though they should, 

 VOL. I. E. 3. 2 M 



