of the Fishery Board for Scotland. 



143 



Besides, comparing them with other nets, we had presented to us a great 

 mass of evidence, and had the advantage of seeing and hearing a great 

 many witnesses, and though used also for catching white fish, we did not 

 doubt that they were erected and used for taking salmon. Although 

 farther complaints were made by Mr Mackenzie, and even the 

 Commissioners of H.M. Woods and Forests indicated a wish that orders 

 of removal of nets of this kind should be issued, we were very unwilling 

 to go into inquiries when no right was claimed to certificates of privilege, 

 and restricted ourselves to deciding only as to those few of the nets 

 complained of which we had seen erected or in course of being fixed. 

 We did not see that any decision we might pronounce regarding them 

 could have the same effect as a declaratory judgment by the Court of 

 Session, or could be res judicata in regard to any but the actual nets 

 embraced in them. Moreover, after the date of the refusal of the appeal 

 against our deliverance, there did not remain time to conclude any new 

 proceedings with due regard to statutory forms. 



Although the Commissioners were not instructed to inquire generally 

 into the capture of salmon in the Solway, and avoided as far as possible 

 doing so where the capture was effected otherwise than by fixed engines, 

 we necessarily became aware, through police reports and otherwise, of 

 various methods employed more or less on both shores of the Solway by 

 which large captures are effected. 



There is the whammel net, which is attached to a loaded pole and 

 worked both during the ebb and flood tide, and which we had some 

 difficulty in holding not to fall within the statutory definition of fixed 

 engines. 



There are the haave nets, used generally in virtue of licences, the 

 users standing in the water in long rows extending seaward from the shore. 



There are drift nets with which the channel is swept, it is said, with 

 no very nice regard to what is the medium filum. 



There are also the sparling nets, which are said to be most destructive 

 to the young of salmon. 



We feel that we should be going beyond our commission were we to 

 make suggestions as to the mode of treatment of salmon fishing as 

 property or as an industry, or as to the reconciling of English and 

 Scotch interests or those of upper and lower proprietors, but we may be 

 permitted to remark that any measure which deals with only one class 

 of engines must necessarily be partial in its operation and stimulate the 

 invention and use of other engines of destruction not falling within the 

 prohibited category. 



Signed in name of the Commissioners. 



NORMAN MACPHERSON, C. 



