28o THE RELATIONS OF THE STATE WITH 



enacted that every kind of net other than the drift-net 

 should be laid aside during the herring-fisheries. In the 

 body of the Act, and in its schedules, elaborate provisions 

 were made for its enforcement, and (a fact to be regretted) 

 it brought to vigorous life the principle of 1851, which had 

 become a dead letter. Again, in 1861 (by 24 & 25 Viet. 

 c. 72), this principle received fresh growth. 



In 1862, 1864, and 1866, Parliamentary Commissioners 

 made enquiries, which resulted in strong recommendations 

 against the preference given to drifters. There was no 

 evidence whatever that trawlers unnecessarily diminished 

 the fish generally, or that they lessened the takes of drifters, 

 after it has once been remembered that a circle-net is a far 

 more potent engine than a drift-net, in which fact alone, 

 and not in a bona-fide desire, for fish-protection, lies the 

 jealousy borne by drift-net owners against trawlers. Since 

 1861, in fact, when trawling was prohibited, the drifters had 

 taken annually less fish than in the years before when 

 trawling extensively prevailed. 



1867 was a statute-making year, and by one of its nume- 

 rous statutes (by 30 & 31 Viet. c. 52) the omnipotence 

 given the Fishery Commissioners in 1860 was restricted, 

 and all nets of every kind whatsoever became again per- 

 mitted, provided they had " meshes of a size not less than 

 that permitted or required by law." This qualification, on 

 the deep-seas at least, sunk to the ground in the following 

 year beneath the Sea Fisheries Act. The Act of 1867 

 was not repealed in 1 868 ; it therefore prevails in most 

 respects. 



The above instance of Fishery Class Legislation will be 

 sufficient to exemplify what the State has done in that 

 direction, both as it directly concerns Fishermen, and as it 

 indirectly relates to Fish Protection. 



