HENRY GEORGE, ESQ.

DEAR SIR,--I am favoured by the receipt of your letter of the 25th

inst., and the accompanying draft of a proposed bill "for the

better Preservation of Salmon," and proceed at once to offer such

remarks and suggestions as occur to me, and shall be glad to learn

that they meet with your approval.

In the third clause (section) you give an interpretation of the

names under which you wish to include all fish of the Salmon kind.

Does not this include common Trout? You specially include Char by

name. Would it not be better to limit your intentions to all

migratory fish of the Salmon kind, to wit, Salmon, Grilse, &c.

&c.? I think also the meaning of a fixed net wants defining more

rigorously. As it now stands it appears to me that it would

include any net which should be fastened on a root or stone whilst

it was being drawn through a pool, if the men employed in doing

this were to let go the cords whilst they loosed the net from the

obstruction.

Fourth clause.--I quite agree with you on the period allotted to

annual close time, but think there ought to be a penalty for

buying, selling, or having in possession Salmon roe (save and

except for the purpose of artificial propagation).

Seventh.--I do not agree with you at all on the subject of the

weekly close time, which in my opinion ought to be for one-half of

every day, except Sunday, and the whole of that day. Why should

the owners of fisheries at the mouths of rivers, who are at

neither trouble nor expense in breeding or preserving the spawning

fish, have all the benefit derivable from their increase? Why

should the upper proprietors act the part of brood hens for these,

hatching and preserving the fish for the benefit of those who take

no trouble about these things themselves?

Twelfth.--I do not agree with you as to the size of the mesh: I do

not think that a mesh of twelve inches in circumference, or three

inches from knot to knot, at all too large; it would permit fish

below six pounds to escape, and this being done, there would under

any circumstances be a fair supply of breeding fish.

Fifteenth.--I think your leister requires a more rigorous

definition. A man in this neighbourhood is reputed to have killed

a good many Salmon with a hay or a dung fork. Are either of these

leisters?

Your sixteenth section is utterly impracticable. How could such

hecks or grates be prevented from choking with leaves in the

autumn and ice in the winter, thus stopping the wheels? You might

as well require a farmer to hedge out the game. Impose a penalty,

if you like, upon any millowner who may kill Salmon in his mill

lead; and as you give your conservators power to inspect

everywhere, you will readily detect such practices. But it will

never do to close the mills by pretexts that the fish may be taken

or killed there.

Twenty-first.--I do not understand the meaning of this. But taken

in its ordinary sense, it seems to me to be very unjust. Many

persons have traps in their weirs for the purpose of taking Salmon

to which they plead a prescriptive right. Do you mean to do away

with these? You may succeed in this, but why should not a man be

allowed to fish in the river above the weir where there are no

obstructions to the passage of the fish? And why should not a man

be allowed to fish with a rod and line below the weir, and as near

to it as he chooses? I think weirs might be safely divided into

two classes: those used for manufacturing purposes and those for

fishery purposes; that a man should be allowed to say in which

class his weir should be included. If for manufacturing purposes

he should not be allowed to catch Salmon (except with rod and

line) within a certain distance below the weir. If he choose to

class his weir as one for fishery purposes, he should then be

compelled to give a free passage to the fish for twelve hours

every day; but he should be compelled to make his election as to

the class in which he would include his weir.

Twenty-fifth.--It would never do to allow the commissioners to

make bye-laws. Suppose the case of a millowner who got into a

dispute with them: he might be utterly ruined by their bye-laws;

they might make bye-laws which deprived him of his water-power,

under a pretext that they were taking more efficient care of the

Salmon.

Thirty-first.--I think the licence to angle should be compulsory,

and not at the discretion of the commissioner. That it should be

in the nature of a game licence, qualifying and enabling the

holder to angle in any river of Great Britain and Ireland,

provided he had the consent of the owner of the fishery where he

was angling.

(_Additional observations_). Twelfth.--You say that no double net

shall be used. Do you mean to prohibit the trammel, which is

usually a treble and not a double net? You also prohibit one net

behind another, but you do not specify the distance outside of

which a second net would be lawful. If neither a series of Scotch

nets nor a single trammel is to be used, by what sort of net do

you propose to catch the Salmon?

Nineteenth.--You say the sluices which admit water to wheels or

factories shall be kept closed from six o'clock on Saturday night

to six o'clock on Monday morning. How, then, are the repairs of

shafting and machinery to be made? These are generally done when

the workpeople have gone home on Saturdays. Besides, what is your

object? If the river is low, the Salmon will not be running up the

stream, and if it be in flood there will always be an abundant

supply running over the weir in addition to that which would be

required to turn the wheel. You add that the water may be allowed

to flow freely through the waste-gate, provided the opening of

such a waste-gate shall not deprive the mill of the necessary

supply of water.

Eighteenth.--In this clause you say that in weirs already

constructed it shall be lawful for the commissioner, on the

application of any two or more persons interested in the fisheries

of such river, and at the proper costs and charges of the persons

making such application--proof having been first given, &c.--to

cause a survey to be made of such dam or weir by a competent

engineer, and to direct such alterations to be made therein as

shall, in the opinion of the commissioner, be necessary and

desirable, &c.

In this clause, which so far as it goes is very desirable, you

have omitted a proviso without which it could never pass into a

law. You have forgotten to provide for the legal right of the

millowner, which would, or might, be taken away by the alteration

made in the weir unless there were some provision in the act which

prevented this being done. At present there is no such proviso in

your act. Here I have offered for years to allow the upper

proprietors to make any alteration they liked in the weir,

provided such alterations did not affect the milling power, the

stability of the weir, or my legal title to the weir as existing

at present. And my legal adviser tells me that any alteration made

in the weir without a guarantee from the upper proprietors would

very probably deprive me of my present title.

* * * * *

Essays in Natural History and Agriculture · 第 19 / 65 题