530 SALMON LEGISLA TION IN SCOTLAND. 



in addition to statutory powers, have the common law 

 powers of riparian proprietors to put down obstructions. 

 But there is still room for improvement in the regulations 

 as to artificial obstructions, and many valuable suggestions 

 have been made. The Commissioners allow a gradient of 

 I in 5, which experience has shown is too steep. It 

 should never be greater than I in 9 or I in 8. It seems 

 worth consideration whether, in cases where an easy 

 gradient is difficult or impossible to obtain, it might not 

 be advisable to make a hole in the weir, to act as a pass. 

 This plan has been approved by a good many experienced 

 persons, though some think it would not do. It has been 

 considered quite feasible, however, with regard to natural 

 obstructions, as will be seen from the Special Commis- 

 sioners' Report of 1871. The dimensions, &c., of the hecks 

 in mill-lades fixed by the Commissioners in their bye-law, 

 have been proved to be insufficient, especially to prevent 

 smolts getting into the intake lade, and eye-witnesses have 

 stated that they have seen the bottom of some lades abso- 

 lutely whitened by the dead bodies of unfortunate smolts 

 killed and mutilated in all sorts of ways by the mill wheel. 

 Smolt proof guards should be placed on every intake lade, 

 and the tail race should also be protected against ascending 

 fish. As Mr. Young points out, there is a clause relating 

 to gaps in fishing weirs (which were not affected by the 

 Commissioners' bye-laws) in the Irish Act of 1863 (section 9), 

 which might advantageously be adopted in a Scotch Act. 

 All dams and weirs, whether old or new, industrial or 

 fishing, should be made watertight ; and it should be com- 

 pulsory to shut the sluices of intake lades on Sundays, or 

 when the mills are not working. At present, much water 

 is wasted because this precaution is not taken. Cruive 

 dykes should also be made watertight, as was intended by 

 the Commissioners, had the bye-law not been altered by the 



