Report on Salmon Fisheries. 
XXV 
* " gather the fish into the net. Our anxiety was not affected 
' " by the white fish we could get." A statement so frank and 
' explicit as that could hardly be expected from any of the 
* present fishermen. But it is practically admitted by the de- 
' fender Ferguson and by James Curran. Nor is it a matter 
' for surprise that this should be so, because the white fish 
* captured on Blackshaw Bank would never repay the fisherman 
' for his expense and labour. He could not make a livelihood 
' out of the white fish. I am of opinion, therefore — (1) that 
' the nets in question are placed on the River Nith and estuary 
' thereof, and not in the waters of the Solway ; (2) that being 
' stake-nets they are illegal in the position in which they are 
' placed; (3) that the nets are erected and used for the capture 
' of salmon, and fish of the salmon kind, and are not hona-jide 
' erected or used for the capture of white lish ; and (4) that 
' the capture of salmon and fish of the salmon kind in said nets 
' is to the injury and prejudice of the rights of the pursuers 
' as proprietors of salmon-fishings in the River Nith. With regard 
* to this last finding, I w^ould add that the defenders have failed 
* to show that the salmon captured by them w^ould not in any 
' case go up the Nith. The evidence in this matter is not very 
' great on either side, but the preponderance of it is in favour 
* of the pursuers. It was urged upon me that to order the 
* removal of the nets in question, or to subject them to other 
' restrictions than those already imposed by their licenses, would 
' inflict great injury on the defenders, and deprive them of their 
* means of livelihood by diminishing the take of white fish. 
' I should be very sorry if this were so. As I have already 
' said, I do not think the white fishing alone, even as the nets 
' now exist, affords a livelihood for the fishermen ; but however 
* that may be, if the nets are illegal, as I think they are, I 
' have no alternative but to order their removal. Nor am I 
' entitled to allow the fishermen to continue what they have 
' been doing improperly to the detriment of the rights of others. 
' The white fishing may still be carried on by nets of proper 
' construction, and probably with more success, if the best places 
* for white fishing are chosen instead of the best places for 
' salmon. I was anxious to make a remit to some man of skill, 
' in order to see if, and how, the white fishing could be carried 
' on by fixed nets without injury to the pursuers' rights, and 
' I would have done so had I seen my way to help the defenders 
* effectually thereby. But, on consideration, I have thought it 
* better to dispose of the case as presented on the evidence by 
' both parties, as that decision does not in the least affect the 
* defenders in the legitimate exercise of their right to fish for 
* white fish. I wish to add, in conclusion, that the defender, 
* Lord Herries, by the licenses issued by him from time to time, 
' seems to have adopted any restrictive measures which a|»peared io 
' him available to protect the rights of the pursuers from luicroach- 
' mcnt or injury by the fishermen. His restrictions and con(fitions, 
' however, I fear, nave been largely disregarded ; and it is open to 
' doubt whether those who were charged with the duty of seeing 
* those conditions and restrictions enforced have been as careful 
