REPORT

OF THE

SPECIAL COMMISSIONERS

FOR

IRISH FISHERIES,

FOR

1 8 6 7.

Presented to both Houses of Parliament by Command of Her Majesty

DUBLIN: PRINTED BY ALEXANDER THOM, 87 & 88, ABBEY-STREET, for her majesty’s STATIONERY OFFICE., 1868 [ Price 6tZ. | CONTENTS.

Page. REPORT, 3 24 APPENDIX, 1

REPORT.

TO HIS EXCELLENCY JAMES MARQUIS OF ABERCORN, K.G.,

LORD LIEUTENANT-GENERAL AND GENERAL GOVERNOR OF IRELAND.

May it please your Excellency,

We have the honour to submit to your Excellency, the Fifth Annual Report of this Commission, arranged under the following heads:— 1. The General State of the Fisheries during the year, their Prospects, Funds, &c. 2. Fixed Engines in tidal waters. 3. Stone Weirs and Free Gaps. 4. Fish Passes or Ladders. 5. Mouths of Rivers and Estuaries. 6. By-Laws. 7. Close Seasons. 8. Local Management. 9. Legislation suggested.

1. The General State of the Fisheries during the year, their Prospects, Funds, fyc.

Though it must be admitted that the capture of fish in Ireland during the last year has been below the average, (as appears both from the railway returns and the Clerks’ report as given in the Appendices,) we think that the deficiency is not to be considered as indicative of a decline in either the produce or value of the Salmon fisheries, but may be accounted for by the very exceptional state of the weather and rivers during the fishing season. This opinion, adopted from our own experience and observation, has been confirmed by the answers to our usual inquiries addressed at the end of this year, not only to the Clerks of the districts, but to the Conservators individually. During the early and, indeed, until a very advanced period of the last season, the weather was, as will be recollected, unusually cold and harsh—a state of things which is generally considered to be prejudicial to fish entering the rivers ; while in the spring of the year the heavy floods preventing nets from being used in the lower part of the tidal waters greatly facilitated the escape of the first run salmon to the upper waters, and at the same time were prejudicial to the rod-fishing; and though the capture by rods in the upper part of some of the rivers of fish during the early season, heavier than usual, would lead to the conclusion that several then got up, we have no reason to think that the number which at that time ascended the rivers was, comparatively speaking, large. With weather propitious to the ascent of the fish, the heavy rains were succeeded by a long-continued drought, which reduced the majority of the rivers much below the summer level for nearly the entire succeeding part of the fishing season. During this time we have been informed that at the mouths of some of the rivers where nets were not used fish were seen at times in shoals sporting about; but the state of water in the rivers was such that they were unable to get up at all, and the fish became so much deteriorated by being kept out that the character of even fresh run fish, taken in the late part of the rod season, was quite different from that of the fish usually frequenting the rivers. In one place, an experienced fisherman, to account for the disappearance of the fish after they had been so seen at the mouth of the river, suggested that in consequence of A 2 4 REPORT OF THE SPECIAL COMMISSIONERS

their inability to get up their own river (which was a tributary) they had, after a time, passed it and gone to try their success in getting up the principal stream. We mention this to show that so exceptional was the state of the rivers last season that even the humbler classes of fishermen resorted to new theories to account for the deficiency of them. Another reason for the paucity of fish taken during the last fishing season—one, too, of great importance upon a subject to which we have frequently adverted, viz., the over net fishing at the mouths of salmon rivers—may, perhaps, be found in the well- remembered drought of the season of 1864—the driest season which had been since the year 1826 ; for there is no doubt that by the excessive fishing at the mouths of rivers for the very large part of that season during which the fish were unable at all to get up the rivers, an unusually large quantity of the breeding fish whose spawn might be expected to stock the rivers last year and this was destroyed. Whilst, however, the quantity of fish observed in the rivers during the season was not large, we are enabled to state that after, and towards the close of, the fishing season, the heavy water in the rivers which continued for some time previous to the general spawning months, permitted the access of the fish to the upper waters, and during the months of November and December, a number much larger than is usual in these months ascended the rivers ; and in the after season the rivers were so abundantly supplied with breeding fish that we are hopeful that the dry season of last year will not produce any permanent injury to the fisheries, and we notice with pleasure that during the part of this season which has passed, if the fish in the Dublin market have not been more numerous than usual, the proportion of large fish to be seen is much greater, and the fact of many of them having come from Limerick, is strongly corroborative of the statement of the fisherman mentioned in our last report, that the size of fish taken above the tidal waters of the Shannon is increasing. Since writing the above, we have received from the Clerk of the Conservators of the Limerick district, his report to the Board for the past season, and we are glad to avail ourselves of the opportunity of referring to that report, which as one coming from a gentleman of long experience in the largest and most important district in Ireland, is entitled to the greatest attention, particularly when grounded, as it is, upon apparently very great personal observation, and the reports of his water-bailiffs in different parts of the district. His remarks upon the last season coincide in so many respects with what we have above submitted to vour Excellency, that we think it is right to give them in his own words. He says :— “ Our knowledge of the habits of the salmon, and of the influences that affect or govern their migration, is still too limited to enable us to account satisfactorily for the disappointment of those sanguine, and by no means unreasonable, expectations which were very generally indulged at the commencement of the open season. Several years of the most careful protection, and a succession of universally favourable spawning seasons, were sufficient to justify predictions very different from those which it was found at the close of the season had been verified.” “My experience induces me to ascribe the unproductiveness of the past season chiefly, if not altogether, to the prevalence during the spring and early part of the summer of a degree of cold not often experienced at such periods. The winter of 18G6-7 was remarkable for severe and long-continued frost, which, setting in imme­ diately after a heavy fall of snow, so hardened the latter as to keep it for some months from melting. After a short intermission we were again visited with severe frost during portions of the months of February and March, and I find, from a record kept by one of the water-bailiffs, that from the 27th February to 20th April, a period of more than seven weeks, a very harsh easterly wind was blowing. This wind is notoriously unfavourable to the capture of salmon in this district, either by net or rod, and has always been known to retard the approach of such fish to the rivers. The month of May, too, was remarkably uncongenial, from the frequent recurrence of heavy showers of sleet and hail, and even throughout the month of Juno a very sensible degree of cold was occasionally experienced ; and I think it will always be found most when the water is unusually cold, as from the causes enumerated it certainly was during the spring and early in the summer of last year, the supply of the salmon during the open season will be diminished, as the upward migration of the fish will be delayed beyond the usual period.” “The fact which I am happy to be able to record—that the supply of breeding fish during the past spawning season was unprecedentedly large—must be regarded as strong evidence in favour of this theory. Had not a large upward migration of salmon taken place last autumn, the stock of spawning fish, judging from the supply during the open season, must have proved seriously deficient. As, however, the breeding stock was more than ordinarily abundant, and as it certainly was not collected during the open season, it is clear that a larger run of salmon must have taken place at a later period. As the only cause to which this late migration can reasonably be attributed, is of an exceptional character, we are justified in regarding the comparative unproduc­ tiveness of the past fishing season as exceptional also, and in indulging expectations of a sanguine character respecting the future.” ° Speaking of the spawning season, he says :— “The only complaints which I received were, that in some places the breeding stock was too large, and that the beds were turned up several times in succession by different shoals of fish. Considering the small proportion which the spawning ground of even our best breeding rivers bears to their entire area, I have no doubt that an over-supply of breeders proves injurious, because the earlier deposited spawn is liable to be rooted up, and only that which is latest deposited is likely to prove productive.” FOR IRISH FISHERIES. 5

The interest in the fisheries, as shown by the amount of licence duties, is still on the increase. Last year we referred to a progressive increase in the sums paid for licences _ these having then produced the largest sum before that time realized by them, and this year they have exceeded that by a further sum of about £218, of which £164 has been in the Limerick district. This has been principally the result of the increase of drift nets in the river Shannon, the number of which (93) in the last year was nearly double the number (47) in the preceding year. These engines, used by the humbler class of fishermen in the lower part of the river, were, until after the abolition of fixed engines, unknown in that river. Notwithstanding, however, this increase, the funds realized by the licence duties are not, nor with the present scale are they likely to be, nearly adequate to permit the proper remuneration of bailiffs for the protection of the rivers, and pay the other expenses incident to the advancement and preservation of the fisheries ; and were it not for the sums expended by the owners of the principal fisheries of some of the rivers, the stock of the rivers could not be kept up.

2. Fired Engines in Tidal Waters. The few of these which remained to be inquired into at the time of the last Report of the Commissioners, with one or two since sent back to us for further inquiry, have been disposed of. In some of them appeals are pending which will probably be decided during the next term. Of the decisions made during the year upon appeals from inquiries held before the Commissioners, one only requires remark, but some decisions have been otherwise made upon very important questions connected with the fisheries. The way in which measurement of distances is to be made for the purposes of the Fishery Acts, though collaterally raised in more than one case, has not under the proceedings of the Commission required a decision, until the case of a bag-net situated in the bay, near the headland of Mullaghmore, in the county of Sligo, the property of Lady Palmerston, was brought before the Commissioners. The legality of that net turned exclusively upon the question whether the net was situated within three miles of the mouth of the river Bunduff, as defined by the Commissioners, for if it was, it was illegal by the provisions of the 3rd section of the Act of 1863. The net was situate at one end and the mouth of the river at the other end of a bay ; and it was admitted that, measuring by a direct line from the net to the mouth of the river, the net was within three miles of the mouth, but it was contended on behalf of the defendant that instead of adopt­ ing that, inasmuch as salmon is a fish which swims along the shore, the measurement should be made by some line on or near the shore round the circle of the bay. The Commissioners by analogy to the decisions made as to the measurement of distances on lands for other legal purposes, decided that it should be made by the direct line and condemned the net. This decision was appealed from, and after a very full argument and a careful hearing, the Court unanimously upheld the decisions of the Commissioners, stating that in all cases distance under statutes should be measured by the direct line unless some other mode is pointed out by the Act. By this decision the correctness of the decision of the Commissioners in Hodder’s case referred to in the last report was upheld, they having in that case given a certificate to the owner, upon being satisfied that the net was beyond three miles from the defined mouth of the river, measuring the shortest water line by which the salmon could swim, excluding thereby intervening land as not being available for the purposes with reference to which the measurement was to be made. Ihis decision equally applies to the manner in which the mile distances from the mouths of rivers lor stake nets, and the half-mile line for draft nets, are to be measured. One o the earliest weirs on the Shannon inquired into—viz., that of Syrian M'Auliffe (being, l o. 96 m the first Appendix)—has been lately brought before the Court of Queens bench m an unprecedented way. It was a stake weir situated in the county of Clare, and according, to the requirements of the Act of Parliament a summons was issued to inquire into its legality in the county of Clare. The evidence given there was not sufficient; and, at the request of the owner, the inquiry was adjourned to a meeting o e ie d by the Commissioners in the city of Limerick a few days after. At the further inquiry some additional evidence was given on behalf of the owner, but not sufficient to satisiy t ie icn Commissioners, and a decision was made by them for the abatement of the weir, against which the owner did not appeal. The order, however, it appears from that document, was signed in Limerick ; and at the beginning of this year (nearly four years after the inquiry) an application was made to the Court of Queen’s Bench for a certiorari 6 REPORT OF THE SPECIAL COMMISSIONERS

to bring up that order and have it quashed, on the ground that though in it the case was stated to have been heard in Clare, yet the Commissioners had no jurisdiction to sign it in the county of Limerick, and that the consent to try it there was, in fact, a nullity. The 8 & 9 Vic., c. 108, s. 22, provides that no order, decision, &c., of the Commissioners shall be removed by certiorari or otherwise into the Court of Queen’s Bench ; and the Act of 1863, sec. 40, provides, “nor shall any proceedings before them (f.e., the Special Commissioners) be removable by certiorari or other writ of a like nature but in no part of the Fishery Acts is it required in terms that the order, &c., should be signed in the county where the case is tried, and if an order such as this requires signature in the county where the weir is situated, it might be contended that other orders, viz., for close seasons, bye-laws, warrants, and formal documents equally require it, a matter so practically inconvenient in its results as to require that such a construction should not be given to the statute unless the Court is coerced to do so. When the case was opened on the part of the owner, the Court seemed not disposed to yield to the motion, but afterwards affidavits were made to endeavour to show that the case was similar to some which had been decided upon appeal in favour of owners, with the view of getting the order of the Commissioners set aside by the Court and a new trial ordered, inasmuch as the owner had not appealed in consequence of his mistaking the law. The Act of Parliament, however, (?>., the Act of 1863) s. 14, provides only one way for setting aside the order of the Commissioners, viz., by appeal, the application for which must be made to the Commissioners with certain prescribed formalities, “ in writing seven days after the delivery of the decision and not afterwards.’’ In that respect the jurisdiction of the Court is simply statutory, and it is difficult to see how it can in any other way, except that prescribed by the statute, interfere with an order of the Commissioners; or when, as in this case, the time pointed out by the statute has lapsed, if the order be formally correct. As no one appeared to oppose the application for the certiorari upon the second hearing, the Court granted the Order upon the technical ground only, for the purpose of having the point argued. In the course of the inquiries under this Commission, a question has frequently been raised as to the effect of a conveyance of a several fishery by the Landed Estates Court, but never under such circumstances as to require a decision from the superior Court, and though this question has not yet been actually decided, the case of Gore v. MT)ermott, which was during this year brought before the Court of Common Pleas, led to so minute a consideration of the law on this subject, that it may be almost taken as a decision of that very important question. It was an action of trespass, and the defendant claimed the fishing in one-half of the part of the river Moy, opposite the lands of C. under a fee-farm grant by which that part of the river was conveyed to him by the owner in fee. The plaintiff claimed under a lease made by the representative of the grantor in the fee-farm grant of the right and advantage, tic.f of the several fishery in the river Moy within the limits of the same lands, “ as fully as the said lessor had power to demise the same.” The interest of the lessor in the last lease was sold in the Landed Estates Court, and the Conveyance by the Judge, after reciting the fee-farm grant to defendant, conveyed the fee-farm rent, “and all the “ estate of the grantor under said deed, and the right of fishing in the river Moy within “the bounds of said lands of 0.” to the plaintiff, and the question raised was whether the several fishery in the part of the Moy opposite to said lands of C. passed to the plaintiff under the Landed Estates Court Conveyance. It was held by the Court that under the circumstances stated according to the true construction of the deed, nothing passed by it except what the lessor whose estate was sold had at the time of the sale, viz., the fee-farm rent, and gave judgment for defendant. The general question, however, was much argued, in consequence of which the Judges of the Landed Estates Court were commu­ nicated with, and the Chief Justice Monahan, in giving judgment, says—

“ It was argued that a grant cannot be made by the Landed Estates Court of an incorporeal hereditament, which did not exist at the time. .... “Now by the 1st section of the Act, the term ‘land’ is declared to mean any hereditament, corporeal or incor­ poreal whatever, held by lease or otherwise. There can be no doubt that a fishery, whether several or free, comes within this definitionand speaking of the 37th section of the Act, by which the powers of investigating title,

Amongst the decisions, however, which have been made during the year, there is none perhaps which has attracted more attention or which is more important, whether considered with reference to the fishery laws or to its results as regards the proceedings of this Commission than one made in the Court of Queen’s Bench, which has been the subject of observation in the report of the Clerk of the Limerick district, to which we have already referred. The case to which we allude is that of Stewart v. Cubitt, which came before the Court upon a case stated by way of appeal from a decision of the magistrates at Ballycastle Petty Sessions. In our report of last year, we referred to this case as one in which a conviction had been obtained against a gentleman for fishing in the Ballycastle district. We referred to it then as one of “ half-net” fishing, but though it was not we find, in strictness a case of that description, it may be looked on as ruling in a great measure the legality of that mode of fishing. At the time of the last report an appeal from that decision was pending before the Court of Queen’s Bench and it has since been heard, and the decision of the Court will so largely influence the fishery interests that we think it right to call your Excellency’s attention to it particularly. The defendant was summoned for having in June, 1866, placed a fixed net in the tidal waters. The net as stated in the case “ was fished at the pier of Ballycastle and was a draft net in a boat,’’ the end of the warp of the net next the shore was fastened round a rock near the shore, and there was a buoy out from the pier fastened to an anchor—the boat was rowed to the buoy, and the buoy was taken into it, the bight of the net was then hauled tight out to the buoy, and the net was left fixed one end to the shore and the other to the anchored buoy. The buoy was then taken on board the boat and so kept in it for an hour and a half, during which time the net was stationary; one end being fixed to the rock, and the other to the buoy in the boat which was fastened to moorings. There was a rope to the sea end of the net, the end of which reached to and lay upon the shore, and at the end of the hour and a half the sea end of the net was hauled in, and the whole net drawn on shore by persons there for the purpose. It was not a bag-net, but was sometimes left out a whole night. It was then proved that this mode of fishing was the same as that in use at the same place before the year 1834, when Mr. Hector began to fish with bag-nets, and it was found that this net was not a fixed net used in the open season of 1862. Bag-nets were introduced in 1834, and were used in the fishery until they were condemned by the Commissioners in the year 1864, and before 1834 the mode of catching salmon in the bay of Ballycastle was the same as that complained of. Upon the appeal the Court decided unanimously, in unison with the decision of the magistrates and with a decision in the Court of Queen’s Bench in England, that this net was a fixed net within the meaning of the Fishery Acts. Being a fixed net, in order to make it legal it is required by 26 & 27 Vic., c. 114, s. 4, that it should have been “legally erected for catching salmon or trout during the open season of 1862,’’ and as it was not so erected during that season, the magistrates decided that it was illegal. At the hearing at petty sessions, evidence was offered to show that the place where the net was so fished in the month of June, 1866, was within the limits of a “ several fishery,” of which the party fishing was licensee of the owner, but as the above section admittedly contains no exception in favour of the owners of “several fisheries,” the magistrates rejected the evidence, and the second question submitted to the Court in the appeal case being whether the magistrates were right in rejecting that evidence, though we believe that that question was scarcely argued by the appellants’ counsel, two Judges, O’Brien and George, held that the evidence was material, and ought to have been received. The grounds upon which this decision was made are more important than even the decision itself. Mr. Justice George, in giving judgment, says :—

“ It was proved that tins mode of fishing by a similar net was the same as was in use at the same place before the year 1834, at which time a person named Hector began to fish with bag-nets. Bag-nets were proved to have been introduced in the year 1834, and used in the same place till they were condemned by the Fishery Commissioners in 1864, but before that time the mode of catching salmon in Ballycastle was the same as that now complained of. ***#■***%&$•* .* “ The appellant has not continued to use a bag-net. He has restored his mode of fishing to the old mode, which according to the case, was in use in 1834, and he has gone back to what was then a legitimate inode of fishing. 8 REPORT OF THE SPECIAL COMMISSIONERS

“The effect of the 26 & 27 Vic., c. 114, is to prohibit totally the mode offishing by bag-nets, but the 4th section does not prohibit fixed nets, provided they were used in 1862. And although the identical stakes and ropes used in 1866 were not erected in 1862, probably the same fishing in the same place was carried on in 1862 by a bag- net. “ That being then an illegal fixed net, had to be discontinued, but there is nothing in the Act to prevent fishing by legal fixed nets, provided they were in existence in 1862. I am therefore of opinion that the mode of fishing by net used by the appellant on the 25th June, 1866, was legal in a several fishery, and had been enjoyed in 1862, and that, therefore, the evidence tendered by the appellant, to show that the locus in quo was the several fishery of Mr. Alexander Boyd was material, and ought to have been received by the Justices, lhe Act does not abolish the right of fishing. It only prohibits a certain mode, and gives the right to be continued under another form—the ordinary fixed nets—provided some fixed net of any kind was used in the same fishery and in the same place in 1862. #####**** *** “In this judgment Mr. Justice O’Brien concurred, saying, that the weir was used /or the purpose of a bag-net in 1862, and legally used too—it being found desirable to abolish bag-nets, and to prevent the erection of them in­ future the Act of 1863 was passed, and then the bag-net was removed, and converted into another description of net that is strictly legal within the meaning of the Act. “ Mr. Justice Fitzgerald did not agree with the result, or the means by which it was arrived at, and did not concur in the judgment of the Court.”

The importance of this decision, as well as its effects, is shewn by the fact reported to us that no less than five weirs have already been set up in the Shannon on the faith of it. It was not the decision of a full Court, nor an unanimous decision, and both Judges appear to have based their decision upon the supposition that since the Act of 1863 bag- nets are illegal, and that the Act was passed to prevent the erection of them in future. They are prohibited within estuaries and within certain distances of the mouths of rivers, and the case does not state this net to have been within that distance, or show the grounds on which it was condemned by the Commissioners. One of the weirs so set up in the Shannon a (stake net), has been brought before the magistrates by summons to inflict a penalty for setting it up, and they, guided by the decision of the above case, dismissed the complaint. From that decision an appeal is now pending in the Court of Queen’s Bench which will call for the express decision of the Court on the question, one on which we hope that the public will have the benefit of the opinion of the full Court. If it be in unison with the opinions above expressed by the two Judges, it will be a question for the consideration of the Government how far it should be provided for by declaratory legislation. Besides these cases relating to fixed engines, the case of Murphy v. Ryan, lately decided in the Court of Common Pleas, requires some observations as a decision upon a question not hitherto decided, viz., the right of the public, by usage alone, to establish a right to fish in fresh water rivers, though navigable. The case arose from a right insisted on by the cot fishermen to fish in the fresh waters of the River Barrow. It was an action brought by a riparian proprietor of part of that river against one of the fishermen for fishing opposite to the lands, and the question arose upon the defence, which stated that the Barrow was a royal river, into which the sea ebbs and flows, and that from time immemorial—“ throughout a great part of it above and below where the sea ebbs and flows, a common and public navigable river, in which every subject had ‘ the liberty and privilege of fishing,’ and justified the trespass as a subject of the realm for the purpose of so fishing.” On behalf of the plaintiff it was said that no such right of fishing as that stated can belong to or be acquired by the public in an inland river above the point at which the tide ebbs and flows ; and after a very long argument of this question, the unanimous judgment of the Court was clearly given by Mr. Justice O’Hagan, from which, as fully illustrating the reasons for the decision at which the Court arrived, we give a few extracts. He says :—

“We have to deal with the case of a public navigable river, in which there has been, according to immemo­ rial usage, the exercise of the liberty ami privilege of fishing by the public at a place above and beyond the point at which the sea ceases to ebb and flow; and the question to be decided is,—whether in such a place though the river be navigable for the purposes of communication, and in that sense may properly be called a navigable river, the public can legally assert a right of fishing, that right having been practically enjoyed from time immemorial. It is insisted that above the point of the tidal flux and reflux, the bed and soil of a river are vested in the riparian proprietors, those on either bank possessing it, usque ad- medium filum aqua ; and that this is not the less because it is navigable for commercial and other purposes, and that above the flux reflux of the tide the right of fishing is private and exclusive, and cannot legally be claimed by the public even though they have been allowed the immemorial use of it. “ We are of opinion that the latter proposition, which is that of the plaintiff, has been sufficiently sustained by authority and argument. “According to the well-established principles of the Common Law, the proprietors on either side of a river arc presumed to be possessed of the bed and soil of it moietively, to an imaginary line in the middle, constituting their legal boundary; and, being so possessed, have an exclusive right to the fishery and the water which flows above their respective territories, though the law may secure to the community the right of navigation FOR IRISH FISHERIES. 9 upon the surface of that water as a public highway which individuals are forbidden to obstruct. According to our ancient system the public had not a right to fish in all waters, even if continually running, but only in those publici juris, as being in the sea, or an arm or estuary of it, or in a public navigable river. The true question before us is, whether a navigable river, for the purposes of the common and public right of fishing, may be merely a river capable of navigation by ships or boats, or must be a tidal river in which the sea ebbs anc Hows 1 I shall refer briefly to the authorities. “ Upon a full consideration of all the cases, it will, I think, appear that no river has been ever held navigable so as to vest in the Crown its bed and soil, and in the public the right of fishing, merely because it has been used as a general highway for the purpose of navigation, and that beyond the point to which the sea ebbs and flows, even in a river so used for public purposes, the soil is prima facie in the riparian owners, and the right of fishing private. * * * * * * “It has been argued that because the river in question here is described in the defence not only as a public navigable river, but as a royal public navigable river, and must upon the demurrer be admitted to bo properly so described, the soil of it and the right of fishing must be considered to vest in the Crown and the public respectively. * * The designation ‘ royal ’ does not more than the description ‘ navigable’necessarily indicate a river of which the fishing is in the public, because the soil is in the King. The argument for the defendent, founded on the allegation that in the cases ‘ navigable’ and ‘tidal’ arc identical and interchangeable terms, has derived plausibility mainly from the fact that in several of the cases rivers in which the fishery was certainly publici juris, have been simply called ‘ navigable ’ rivers, without specific reference to the flowing of the sea; but it will be found that the word has a popular, and also a legal and technical meaning, and that whilst the former would be satisfied by the existence of a public right of transit on the surface of the stream, the latter involves the assumption the Jluxum and rejluxum maris, wherever the royal prerogative and the general right exist. I adopt the statement of Chancellor Kent (Comment. III. 412) which is fully sustained by the authorities:—‘In the common law sense of the term those only were deemed navigable rivers in which the tide ebbed and flowed.’ ********** “On these grounds we think that the defence has failed to state any valid claim to a right of fishing in the public, and failing in this respect it fails altogether. For although it relics on an immemorial usage that every subject of the Crown should have the privilege of fishing in the Barrow, and although the existence of such a usage must be taken to be admitted on the pleadings, this amounts at most to the allegation of a custom that the public should have profit a prendre in the soil, which, according to our view, is private propriety, and not the property of the Crown. It is quite settled that such a custom cannot legally subsist. No usage can establish a right to take a profit in another's soil, which might involve the destruction of his property, and such a profit would be the taking of fish. * * * * * * That principle is beyond controversy ; and therefore the usage relied on in this defence cannot sustain the claim of the right in the public to fish in a river, the soil of which is not publici juris, but private property.”

3. Stone Weirs and Gaps.

Since our last report we have concluded our inquiries into stone weirs and gaps, and have made decisions upon all except one. The gap in the Lismore river, which was one of the first with which the Commissioners dealt, has during the last year been made the* subject of two summonses before the magistrates. One of those cases raising a question of fact whether certain iron bars across the floor of the gap were or not an obstruction, under the circumstances would appear to be properly cognizable by, and a subject for the decision of the magistrates, but to the second of these summonses and the decision thereon, we think it right to call your Excellency’s attention in connection with the sections of the statutes relating to them. The 5 & 6 Vic., c. 114, s. 41, provides for making gaps in weirs, and lays down the rules by which the site, bottom, direction of the sides and breadth of the gap are to be fixed, and by which the breadth of the river is to be measured for the purpose of ascertain­ ing the width of the gap, and enacts that in case of dispute relative to those matters, “ the same shall be determined by the Commissionersand the 59th section makes it compulsory on the owner “to make the same” (i.e. the gap) “conformable to the provisions of the Act, or to the orders and regulations of the Commissioners The powers vested in the Commissioners by that and the subsequent Fishery Acts, were by the 26 & 27 Vic., c. 114, s. 15, transferred to us, and all the Fishery Acts are by clauses in each of them required to be construed together as one Act. In the month of June, 186R in the case of the Queen v. Commissioners of Public Works, the power of the Commissioners under the first statute to change and fix the site of a gap was brought under the consideration and adjudication of the Court of Queen’s Bench, and the Chief Justice in giving judgment, in reference to the sections above stated. Says : —

“ Disputes having arisen in reference to the weir, jniblic notice was given, and a meeting of all the parties between whom the disputes-existed took place, and after an adjournment anil deliberation quite sufficient to satisfy us that the determination come to was not a hasty measure, the parties having the fullest opportunity of laying before this tribunal all the circumstances of the case, they come to an adjudication which was literally"not merely a determination but .... it is a perect judgment in rem. and therefore conclusive upon the parties, . . • • it is most important that there should be a tribunal so perfectly fitted to investigate the subject from time to time, and to be a mediator between the conflicting parties, invested by the Legislature with that mediation, and when they make their adjudication that it should be held B 10 REPORT OF THE SPECIAL COMMISSIONERS

conclusive as to the circumstances and nature of the recitals contained in it .... I think they would have fallen short of their duty, and greatly mocked the duty imposed on them, if they had rested content simply with the declaration that the gap was not in conformity with the Act.” Similar sentiments were pronounced by every member of the Court. The statute under which this Commission was appointed, was passed about two years after that decision, and so far from the 5 & 6 Vic., c. 106, being repealed by it, it is required “that so far as is consistent with the laws thereof it shall be construed with the Salmon Fishery Acts.” By the 9th section, it is required that “in every fishery weir there shall be a free gap or opening, according to the regulations following.” It then, as to site, direction of sides, bottom of the gap, and width of it, repeats almost verbatim the words of the 5 & 6 Vic., c. 106, s. 41, (which we have stated), and by the 12th section “if a legal free gap is not made in a weir within twelve months after the passing of the Act, the owner is made liable to a penalty of not less than <£5 a day.” , By the 7th section of this statute, a duty is cast upon the Commissioners subject to the appeal provided by the statute “to inquire into the legality of all fishing weirs throughout Ireland,” and to remove such as were illegal; but if on such inquiry the weir appeared to be illegal only by reason of it not having a free gap, the Commissioners were prevented from removing such weir, “if an undertaking to their satisfaction was given” to make a legal free gap “within a time to be prescribed by the Commissioners, and a free gap was macle accordingly,” thus making their decision as to the legality of the free gap, and the making of it preliminary to their deciding the question of the legality of the weir, and making their adjudication upon the one as well as the other, according to the words of the Chief Justice, as it would appear, a perfect judgment conclusive on the parties. In former reports attention was called to the great difficulty of practically carrying out the requirements of this section of the Act, which render it in fact necessary that the Commissioners should have this power. For to use the words of Mr. Justice O’Brien in the case referred to, “ What would be the result of any other construction ? The Commissioners declare that the gap is not legal, the owner is sued for penalties, the proprietor may shift the gap, and the Commissioners may then say the gap, and therefore the weir is illegal.” The owner would then say “What am Ito do?” and the Commissioners would have to say “We cannot tell you.” Adopting the view of Mr. Justice Hayes, “ that the Commissioners are formed into a tribunal for deciding and determining, from time to time, all disputes as they arise, relative to the cons/rizctfzon, width, and preservation of free gaps, between the owners of fisheries on the one hand, and the persons who may be interested in the fishing of the river on the otherone of the first duties which the Special Commissioners undertook was that of fixing the site and construction of free gaps, so as to enable the owners to construct them within the twelve months allowed by the statute ; and among the first with \yhich that course was taken was the weir of the Duke of Devonshire at Lismore, to certain proceedings with respect to which we now call your Excellency’s attention, as illustrative of the provisions of the statute which we have stated. Notice of the meeting for the purpose of fixing the gap was extensively published in the newspapers and by handbills. The meeting was numerously attended by conservators and parties interested in the fishing of the river. Several witnesses were examined and cross-examined on oath, suggestions were taken from everyone who pleased to make them, and the question being one of considerable difficulty, -was fully canvassed in the presence of all parties, and of their counsel and solicitors. The meeting lasted for the greater part of the day and after it was over, the Commissioners went in company with the Duke’s agent and the leading conservators to the weir, and after careful consideration of the evidence, assisted by their own observation for the purpose, they fixed the site and construction of the gap, and had the plan of it prepared by their engineer. After it was approved of by the Commissioners, tracings of it were sent to the Duke’s agent and to the Clerk of the Conservators, and it was authorized to be made. When it was nearly completed, a flood swept it all away, with a part of the weir, causing not only delay in its completion, but great additional expense to the Duke. Shortly after it was completed, a complaint was made by some of the leading conservators, that the gap was not made according to the plan; in consequence of which a meeting, after notice to the parties, was held at Lismore, which Was attended by the leading conservators, including the gentlemen who were examined before the magistrates, as hereinafter stated, and after a careful hearing and inquiry, it was admitted that the gap was according to the plan, and an inspection showed that it was executed with great care, of cut stone, as in fact was necessary to insure its standing. It is scarcely necessary to state that upon the lower side of every weir, more particularly in such a river as the Blackwater, with a gravelly bed, the water wears away a deep hole, and it was suggested upon that occasion, by one or two of the upper water Conservators, FOR IRISH FISHERIES. JI that the bottom of the hole at foot of the gap, should be taken as the natural bed of the river, and that the bottom of the gap should be as low as that, a proposition so glaringly unjust, as to meet only very partially with support among those assembled, and the meeting terminated with the feeling that the Duke had fully carried out the plan of the Commissioners. In the month of October last, the gentlemen who took such a. prominent part respecting this weir, applied to us to send down our engineer to examine it, having previously summoned His Grace before the magistrates, under the 12th section of the Act of 1863, for having the bottom of the gap higher than the natural bed of the river, above and below the gap. That summons was heard at the Lismore Petty Sessions, on the 14th day of December last, before two stipendiary magistrates, Messrs. Ryan and Redmond, upon which occasion one of the Conservators, one of the parties prosecuting, and the engineer of the Commissioners who had prepared the plans, were examined; and the evidence given by them forcibly illustrates the hardship which would arise from the decision of the Commissioners not being held conclusive, and that without at all considering the question as to the correctness of the view taken by the Commissioners in fixing the gap. It was proved by the prosecutors’ engineer that the relative level of the floor of the gap and bed of the river were substantially the same as they had been in the season of 1865 (the time when the inquiry was held), and that it was unchanged since then. Mr. Gray, the Commissioner’s engineer, proved that in June, 1864, he made surveys and measurements for the Commissioners before they fixed the gap, and he proved the plan of the gap made by him and the Commissioners’ order fixing it; he proved the examination of it in November last, “and that on that occasion he found the weir and gap in exact accordance with the plan of the Commissioners and their directions, except being two inches wider; that in point of depth and position it was perfectly correct; that the Commissioners had arrived at the conclusion that the level of the natural bed of the stream was the sill or floor of the collector hatch (showing that the Commissioners had actually decided that question), and that the level of the floor of the gap, as it now existed, was identical with the level of the floor of what had been the collector hatch ; that when he measured it, in June, 1864, he was perfectly sure that the sill or floor of the collector hatch was not above the natural bed of the river ; that had the formation of the gap been left to him he would, at first impulse, have adopted the sill of the collector hatch as the level of the bed of the river, and that upon taking the soundings and on full consideration he thought the position a fair one for the site of the gap. It was insisted for the Duke that as the gap was in confor­ mity with the Commissioners’ order (which was not disputed) the magistrates were bound by that, and ought not to convict, but the magistrates refused to be bound by it; and, upon extrinsic evidence given before them, convicted the defendant although they stated that the gap was in exact conformity with the plans and directions of the Commissioners. Upon appeal against that decision the Court of Queen’s Bench, i.e., the Chief Justice and Mr. Justice George (Fitzgerald, J. dissenting) affirmed the decision of the magistrates.

4. Fish Passes and Ladders. Much as these are required in almost every salmon river in Ireland, we regret to say that, owing to the want of funds, the progress of them in the country is very slow ; not only have no surveys for new passes been asked for during the year, but very many of those for which plans were prepared in the early part of this commission, which were paid for by the parties asking for them, still remain without any steps being taken to build the passes, and to complete even those which are most urgent will require not only an increase in the licence duties, but some assistance from the Government. Those upon the upper part of. the Shannon at Knockvicar, Roosky, and Jamestown, which have so long- been delayed in consequence of expected alterations in the weirs, consequent upon the contemplated improvement of the Shannon Drainage, have been, at your Excellency’s desire, surveyed by our surveyor, who is making designs of passes for them, which are nearly finished, and when we have them completed, we hope that your Excellency will have the passes built by the Board of Works with the least possible delay. In the .Newport river, in the county of Mayo, we have approved of a pass which we expect will be built during the ensuing season. The passes for the Cork M aterworks and. Ballincollig weirs, in the river Lee, were delayed last year by the bankruptcy of the contractor, before -he had commenced them. Contracts have been entered into with a respectable contractor to have them completed before the 1st October next, and as he has already commenced, the work we have no doubt that they will be finished in time. B 2 12 REPORT OF THE SPECIAL COMMISSIONERS These passes we consider of the greatest importance to the salmon fishing of that river, which has been gradually declining for some years past. The former of these weirs for the greater part of the year is a complete barrier to the ascent of the fish, and leads to poaching and over-destruction in the part of the river, immediately below it, to such an extent that we have been applied to by the Conservators to pass a bye-law to prevent net fishing there. Important, however, as they are, we have been only enabled to carry them out by an advance of £200 from the Corporation of Cork, and a large subscription from some of the upper water proprietors, and we experienced great difficulty in getting a contractor to do the work for the sum at our disposal.

5. Mouths of Rivers and Estuaries. We have during the year been called upon to define, as we have done, the mouths of some rivers and their estuaries, as also the boundaries between the tidal and fresh waters. In doing this, so as to meet the requirements of the Acts, there is often a good deal of difficulty, particularly as to the points from which and the way in which measure­ ments are to be made. This is in part, but not altogether, met by the power given us to define the spaces within which certain engines are to be used, as the Court of Queen’s Bench decided that so far as we have that power our definitions are conclusive on all parties, for the purposes of the fishery laws. By an oversight in the statute, however, that power does not extend to the definition of the three-mile space from the mouths, within which bag-nets are prohibited by the Act. That omission would require to be supplied in any future legislation. Owing to the difficulties which occur, it will not be surprising to find that some of those definitions of mouths which have been made, have for various reasons been found to create practical inconveniences, and to require alteration; and this has. been particularly the case in the Drogheda district. In this district we have been applied to more than once by all parties, to alter the definition of the mouth of the Boyne, which it is said gives rise to disputes among the fishermen which it would be desirable to prevent. It is at least doubtful whether, under the terms of the statute, we have power to do so, and under such circumstances we have not attempted it. Some few alterations may perhaps be beneficially made, and there does not appear to be any good reason why the power of altering the definition of the mouth of a river should be withheld, more than that of altering close seasons, size of mesh of nets, &c., and we think that in future legis­ lation power ought to be given to the Boards superintending the fisheries, to alter mouths, &c., from time to time. . °

6. Bye-Laics. Our power of making bye-laws has during the year been often called into action, those most frequently asked for being for curtailing the angling season, and to prevent snatching. The former, as we have before stated, we have no power to make ; and considering that the prevention of snatching should be general, we have felt no hesitation in passing a bye-law for the purpose when we have been applied to. We also passed, in the Limerick district a bye-law to prevent shooting fish, a practice which had become very prevalent there. The bye-law to prevent net fishing in the Bandon river, to which we referred in our last report as having met with so much opposition, was passed for a space of three years, and we look forward with confidence to its beneficial effects on the fishing of the river. We have at present an application for a similar bye-law from the Conservators of the Cork district, to prevent net fishing in a resting hole of the fish at Wellington-bridge, just below the waterworks weir; and applications have been made to us to pass like bye­ laws for the mouths of some rivers where net fishing is carried on by parties who oust the jurisdiction of the magistrates by a claim of title, leaving the parties complaining a remedy only by action.

7. Close Season. I he late Acts referring to the close season require that no alteration shall take place in any season that had been fixed by the Commissioners until after three years from the date of such alteration ; and by the 26th and 27th Viet., c. 114, s. 21, the close season was extended from 124 to 168 days, the extension being made to affect the commencement of the open season only. FOR IRISH FISHERIES. 13

By this regulation a certain if not always a sufficient experience of the effect of any such alteration was ensured against repeated desires and applications from individuals or parties whose interests in either the upper or lower waters clashed in reference to the early or late closing times. As this required period of three years had expired in all districts, and in some no change had taken place, except the extension to 168 days, for even six or seven years, applications were made for an alteration by different Boards of Conservators and individuals during the past two years. The Commissioners consequently held inquiries in those several districts and localities in reference to it, and orders authorizing changes have been made accordingly in several. In some of the districts, Waterford and Limerick especially, very considerable interest in the question was manifested, and much conflicting opinion was found to exist and given in evidence regarding the proper time to commence and terminate the close season in the upper, middle, and tidal parts of the several rivers. In others the application was either one-sided and too weak to be maintained, or it was met by strong and sound opposition, or by petitions numerously signed by the principal riparian proprietors interested in the upper waters ; and in others it was opposed by resolutions from the Boards of Conservators. These inquiries have, therefore, extended over nearly the whole of Ireland, and have necessarily involved a good deal of thought and time to digest the evidence and facts resulting from them, as well as required a personal inspection of some of the localities; for the evidence, when reliable, and although given often more in support of the individual interests of the parties than the local interest of the fisheries of the district, had obviously a certain general bearing on the whole of the salmon fisheries of Ireland. The result has been to show that where the matter has been keenly studied locally, and where disinterested evidence was given, our ancestors understood the proper periods for the close season commencement and termination better than what had of late been held to be so by the common practice and opinions in many localities. Since there is now an evident tendency in some to return to a more uniform approximation with those times, as far as consistent with the local peculiarities, viz., from the middle or end of August, as the latest, to the middle of February, as the earliest, for general opening. The long neglect of our salmon fisheries and the indiscriminate fishing and poaching that in consequence followed at all seasons and with all manner of engines since the early part of this century, led to so great a deterioration of the fisheries—indeed their almost total extinction in some localities, that in the first effort to restore them the natural idea that suggested itself was for a change in the seasons. A sufficiently long experience of some of these changes that then followed showed, however, that the deterioration was also due to some other cause as well as that resulting from injudicious seasons and neglect of protection. After a full inquiry, and the tendering of much conflicting evidence upon it, the main cause was traced to the number of fixed engines for the capture of salmon that had been allowed to spring up in spite of the old Acts prohibiting them both upon the coasts and also within the estuaries and tidal parts of our salmon rivers. Since their removal or great reduction by the working of the Act of 1863 there has been a very evident improvement in the fisheries in general, and in consequence a considerable increase of fishermen in connexion with it, in the more important rivers and salmon fisheries of Ireland. Some fluctuation in the take of each year must, however, be expected with salmon as with other fisheries, that are largely influenced by the contingencies of season or weather, both in the times of the return of the salmon to the rivers as well as in the maturity of the spawn and fry, since they are mainly dependent for their preservation upon floods, frost, and fine weather, as much as their successful capture by either weirs, nets, or rods, is dependent upon floods and weather in the season they are fit for capture. It is, therefore, satisfactory to find from reliable sources, and from personal observation in several localities, that although the capture has been much lower then the previous year of 1866, the majority of rivers was never so largely stocked with fish in their upper waters, both in the open season and spawning time, as in 1867 and 1868. .Ihis return of the salmon to their old spawning beds has, of course, been gradual; and with their development in increased numbers during late years, consequent upon their careful protection when most exposed to illegal capture, it has led to a better under­ standing in general of their habits and requirements. Many errors and doubts that had become popular regarding them and their fry, to the prejudice of former experience and regulations governing the open and close seasons, have in consequence been removed in many localities. 14 REPORT OF THE SPECIAL COMMISSIONERS

It is therefore of much importance to the question of close season in finding that the weight of evidence of the most trustworthy witnesses went to show that there was a great uniformity in the time of spawning everywhere, viz. :— That it commenced about the middle of November and terminated about the middle of January—the most spawning about the end of December, unless retarded by unusual droughts in November and December. This important point being now, we may say, fully re-established rather than discovered throughout Ireland, we are in a better position for understanding how to regulate the close seasons, through having a definite time from whence to start, so as to meet the protective requirements of both the brood and spawning salmon, which is obviously the most important point in connexion with the interests of the salmon fisheries. Now there needs no argument to show that the saving of a single spawning or gravid salmon is worth a dozen spent ones. The balance of protection then should necessarily be more extended towards the time of the former than the latter, that is, the season should have a longer protection before the spawning season than after it is oyer. For the evidence went generally to show that the greater number of salmon frequenting the estuaries and lower waters where netting is chiefly carried on, are, in the month of September, breeding salmon having then the ova largely developed in them. There are very sound reasons then fbr closing the netting season in September, for the fish are generallv accumulating, and congregate in the lower and tidal waters during that month and the dry months of autumn, merely to await a flood or fresh of sufficient strength to enable them to run for the pools and deep streams within the fresh waters where shelter is afforded near their spawning grounds. We have consequently found in support of this, that where the fishery interests are best understood, there has been a voluntary closing of it, even so early as the middle of August, as in the Galway, Ballina, and Ballyshannon fisheries, so as to preserve a sufficiency of breeding stock, although the season did not close by law until a later period. In consequence of these facts and experience gathered from the evidence given at these close season inquiries over Ireland, the result has been to close all net fishing in Sep­ tember, except in a few rivers—these exceptional localities being still open until the 15th of September, to meet the weight of opinion yet existing in those localities against an immediate change. In one of the most important of these, viz., the Lee, in the Cork district, the advantage of closing earlier than the 15th of September seemed well understood, but was opposed until two very important fish passes were made over two weirs, near the town of Cork, the Waterworks and Ballincollig weirs, that in their present state form two most obstructive barriers to the ascent of any salmon unless during high floods. The other exceptions are the Blackwater, Slaney, and Bandon rivers, in which netting is continued to the middle of September. But we feel sure that it requires only time, and a little longer development of the fisheries in each of these localities, for the better understanding of the question, to bring about a uniformity in the time of closing the indiscriminate capture of salmon by nets, and with this uniformity, the prevention of poaching in the neighbouring rivers, both in the interests of the general fisheries through­ out Ireland as in their own. Because at this season, although the salmon are chiefly brood fish, they are saleable to any extent, whilst any river is open for netting in any district of Ireland, for notwithstanding they arc then gravid or stock fish, they may be so little discoloured as to bear exposure in the markets, whilst in the early spring the poacher has less means of disposing of the capture, except for private use, of either the discoloured spents, or of fish with full spawn, although then so much at his mercy. These remarks cannot be concluded upon the commencement of the close season for nets and fixed engines, without noticing the very general opinion that now prevails, with anglers as well as with netmen, that the anglingseason should, in most places, close not later than the 1st or 10th of October, and, as this is also our own opinion, it is our duty strongly to support it in this report as in the former.

On the proper time for opening the Season. Having shown in the foregoing remarks what recent experience of the habits of the salmon has indicated as the proper period for the termination of general net fishing in our salmon rivers, we next take up the facts and points bearing upon the question of the opening or commencement of the fishing season. FOR IRISH FISHERIES. 15

Now, we find that the weight of the evidence and opinions given at the inquiries we have held, as well as that given in former reports of such inquiries, has been to show that within about six weeks after the termination of the spawning season, the spent fish, more particularly the female fish, have all left the upper waters, that is, by the commencement of March, they have descended the rivers, although they may not have reached the sea. This escape from the shallow spawning grounds they resort to, will of course depend upon the floods that occur after this operation is over, for the accomplishment of which the salmon, like all animals for the same object, seem to forget the necessary safeguards or natural instincts they at other times possess for self preservation. As soon as a flood comes, however, after having completed spawning, they drop down with it to any deep or sheltered pool they can reach, but now ravenous for food, and eager for the opportunity of recruiting their spent condition on the feeding grounds within the estuaries and sea. The length of time of their so reaching these grounds will, of course, depend upon the frequency and duration of these floods to help them over the shallows and obstructions that intervene, and of the distance to the sea from where they spawned; and it is doubtless from these circumstances that some conflict of opinion exists regarding some rivers in respect to the time the spent fish reach the tidal waters. The conclusion from these facts is, however, clear that ample time for their escape from each river is a necessity of very important consideration, if we desire to increase the average size of salmon frequenting our rivers, as well as increase their quantity ; for the protection of the spawning fish and fry tends most to increase or preserve the quantity of salmon each river is capable of producing, and a due protection of the spent fish tends most to increase or retain the average size and value of each salmon also, since it increases per pound in marketable value with increased size. It is therefore obvious that the time of opening or commencing the fishing season cannot be made so nearly uniform for all the rivers of Ireland as the time of closing, since the time of the escape of the spent fish will vary with the distances from the sea to their spawning grounds. There are, moreover, several apparently anomalous conditions in connexion with some few rivers that cause them to be considered or locally known to be early or late rivers ; that is, early or late in respect to the run of spring or early fish in them, silvery and fresh from the sea, and, in tonsequence, in the most fit condition for food and for the market; for it is now a well-established opinion or fact that some sound salmon enter some rivers from the sea whilst the spawning season is not over for the majority of fish within them, and that they remain quiescent in the deep pools or lakes in connexion with these rivers apparently without caring for food, and until the full development of their spawn in November makes them the early spawners of the next season. These spring fish consequently remain in the river fully nine or ten months without feeding, but sensibly deteriorate in condition and quality, as a natural result, of their abstinence from food and their increasing development of spawn. The number of these spring fish seem to increase with each month, until the maximum run of such fish occurs, in April and May, in those rivers they frequent so early, or in any quantity. Other rivers have no salmon within them until the great run of the peal or grilse occurs, the time of arrival of which upon the coast seems so remarkably regular in general, that they are looked for in some localities where their habits are best known, with an almost certainty, between the 20th and 25th of June, and to continue to run during July ; sometimes even until the early part of August, if the usual midsummer rains and floods have been retarded and rendered the rivers too low in July. These also remain to spawn at about the same time as the former or spring salmon, which may be called the adult fish, whilst the peal or grilse are the first return of the fry to their native rivers, on the approach of first maturity of the female fish for reproduction, and on obtaining the requisite condition for it. The next great run of salmon, and for the same object, occurs towards the latter end of August, or in September, unless retarded by a dry autumn, such as the last. These, in consequence, are known as the “ blackberry salmon,” from the run occurring in the black­ berry season, and are, for the most part, then showing a good development of ova. This apparent anomaly of times of entering the estuaries and rivers, and for the one great object, is evidently a provision of nature, both for their continuous supply and for the preservation of the species against the risks they have to run, in obedience to the instinct that induces or obliges them to run for this object from the deeps of the sea into such shallow rivulets and streamlets, to deposit their ova. This succession, it is evident, cannot exist in all rivers with a sufficiency to afford a large supply, as it depends upon local conditions and circumstances fitting them for it; but as the salmon are known to be at certain times almost regardless of the size 16 REPORT OF THE SPECIAL COMMISSIONERS

or depth of the rivers they enter, provided there is sufficient water to cover them, it has led to much difficulty in understanding the exact conditions which constituted one river a very early river, and another a very late one; and, as was natural, the geological character of the rocks bounding or forming the beds of the rivers has been supposed to have had some influence in this. After a careful attention to this point, however, in many rivers, we are induced to give up the idea, beyond the simple fact that for a river to be a salmon river at all, it must have some gravel-bedded streams falling into it for the salmon to spawn in ; for they neither spawn in mud or sand, or upon weed or rock, but in coarse gravel only, for the reason that it best admits of a sufficiency of pure water to percolate and filter through, so as to meet the resupply necessary for the respiration of the delicate fry as soon as they have burst the ova; and also for the reason that such coarse gravel-beds serve best as a protection from the powers of the other fish, perch, &c., from disturbing such grounds. Some clear understanding of the apparent anomalies regarding early and late rivers is therefore necessary to enable the season to be so regulated for each, that in the endeavour to meet the public requirement for sound spring salmon as soon as they could be obtained, their capture would not interfere with the spawning fish, or tend to the destruction of them after spawning, and at a time, too, -when unfit for food. The adjustment of these times is a question of great delicacy and difficulty, from the nice balance of interests existing regarding it in certain rivers between the upper and lower proprietors; which is largely increased, too, in consequence of the ignorance and conflict of opinions in some localities, so that it may be considered more an approxi­ mation than a certainty at present. As, however, good salmon can undoubtedly be obtained in the tidal parts of some rivers whilst the spawning fish are still within its upper waters, it is manifestly sound to admit that their capture is not to be prohibited if it can be done without injury to the fisheries of that river, and without the destruction of spawning or spent fish with such sound fish. It has, therefore, required very considerable attention to their natural habits and instincts, and the physical peculiarities of each river also, before arriving at what seems safe conclusions, as rules by which these varied periods of opening of each river should in future be governed. It is manifest, however, that early net fishing in the fresh waters of all rivers would be attended with considerable risk, especially in the upper parts thereof, and can in few instances be permitted until the spawning fish have returned into the deeps of the estuary, consequently not before the beginning of March. This objection does not, however, so much apply to the tidal parts of certain rivers, since no fish spawn in the tidal part; and the objection is still less, as on consideration will be apparent, in those rivers and estuaries where there exists a large or deep water lake between the spawning beds and the sea, for this lake becomes a wide division between them, and likewise a safe retreat for the exhausted spent fish to lie and partially recruit in, until a flood comes sufficiently strong to carry them over the shallows that frequently intervene between the lake and sea. All rivers with a lake near the sea are not, however, very early rivers, and the reason for this anomaly has required some consideration and examination, so as to fully solve the question, and this is shown to be the fact, in a remarkable degree, in three rivers which fall into the Donegal Bay, viz., in the Sligo and Bundrowse rivers, which issue from the Gill and Melvin lakes at only three or four miles from the sea, and which are proverbially early rivers, more especially the Sligo,—whilst the Ballyshannon fishery, with the magnificent chain of basins constituting the Erne lakes, the largest of which is only seven or eight miles from the sea, is considered a very late one, the lessee not commencing to fish before the month of March. The explanation of this apparent anomaly, since we feel it necessary to entirely reject anything like a geological cause, as we at first were induced to believe probable, we conceive to be referable to two causes, or more properly to three : first, to the natural habits peculiar to the salmon ; next, their natural instinct, and its influence upon them at different seasons of the year; thirdly, to the physical conditions of the locality in which they were bred. Now the natural habits of salmon are well known to be these : first, a certain period of metamorphosis and development for maturity of condition and lor growth in accordance with age; next, a certain period of abstinence and tranquillity, but of deterioration of condition, although of development of the spawn or reproductive organs, somewhat analogous to the active and dormant periods of hibernating animals. During the first period they resort to and remain in the sea, and during the second period they resort to and remain in the fresh waters. 1 heir instincts now come into play to govern the times and particulars rivers they FOR IRISH FISHERIES. 17 resort to. First, the natural instinct for returning to their native rivers induces them as soon as mature in condition to seek them ; but the instinct they possess for self­ preservation, and which is naturally more predominant on their first return from the deeps of the sea, now guides them in the times of entering these rivers, for being then shy1 fish they are very chary of swimming into shallows and -of struggling against obstructions known to be in their way to any sheltered deeps, such as lakes and pools, also known to them in their native upper waters, whilst later in the year, when developed or developing with spawn, they show no such shyness, but run into every kind of danger. These points are "well illustrated in the difference in the seasons between the Sligo and Bundrowse rivers, and the Ballyshannon river, which all fall into the same bay. For the two former rivers, having their sources in high mountains immediately surrounding the lakes, subject them to sudden and high floods with almost every rain­ fall, and induce the early salmon, on feeling them, to run tor the secure shelter afforded by the lakes so near to the sea, with almost every fresh. The Sligo river having also a very long and deep estuary, entices the early conditioned fish into it, to aWait the opportunities their instincts have led them to know will recur in the river in which they were bred. The double tide of each day rising nearly to the top of the Sligo weir, with its fish-pass also, afford facilities to help them over it; and the long and deep estuary gives the Sligo river a great advantage over the Bundrowse river, which has no estuary, but affords,'nevertheless, great facility at times of reaching the lake within jt with every favouring flood and high tide, and when there is fair weather on the coast, to induce the fish to approach the entrance. Then in respect to the Ballyshannon, the conditions are somewhat reversed, for although it is the larger river, and has much the largest lake to invite salmon to run for it, there is a formidable obstruction in a high ledge of rocks or falls that exist close above the tideway and counteract these advantages, by deterring shy spriim* salmon from entering or ascending the estuary in such quantity as to become profitable to fish within it at that season not until later in the season, "when the river becomes sufficiently swollen, and the fails are more easily surmountable. For the Ballyshannon or Erne river having its sources in bogs and comparative lowlands, instead of hiHi mountains like the Sligo and Bundrowse, is subject to no such high and very quick rising floods in the early part of the year as occur in them, inasmuch as frosts prevail on the land, tending to seal or retard the lowland drainage at that time. The Ballyshannon, too, has, in comparison to the size of its river, a very shallow and exposed bar at its entrance, as well as a short and shallow estuary, instead of a long and deep one like the Sligo* For shy spring fish seem to seek 01 require a deep estuary to shelter in, both for security, and from the storms Oi the sea, when waiting to run for their native waters. These are the causes that operate against the Ballyshannon being a very earlv fishery, although it is one of the largest and most, important fisheries in Ireland, whilst its tw-o neighbouring rivers are early rivers, the Sligo river more especially so. The same natural instincts and physical conditions are the causes*'that make the Galway river a comparatively late rivei, while the Laune is one of the earliest, although each have their large lakes of Corrib and Killarney so short a distance from their entrances to the sea. For the Laune has comparatively a very extensive and sheltered tidal estuary, and no serious obstruction between it.and the Killarney lake. The Galway has, on the contrary, little or no estuary, and that little so very shallow7 that the high navigation weir which extends across the main branch, just above the tideway, forms a perfect barrier to the ascent of the salmon, except iiyyery high floods that occur in general after the spawning season and frosts are over, There is, however, a good fish-ladder over the weir, that the salmon can avail of zc/zen there is both water enough flowing over the crest of the weir as well as through the pass, so as to supply a sufficient depth of stream in the broad bed below it. For without a sufficient depth of water in this part, no spring salmon would be induced to ascend above the tidal termination, this sufficiency of depth of water being the essential requisite to induce shy spring salmon to ascend the rivers, as well as to enter their estuaries or embouchures. An autumn salmon, on the contrary, under the instinctive desire to reach its spawning grounds, will do so in spite of the risk, as is most remarkably exemplified below this very weir at Galway during the months of August and September, when they arc seen from the town bridge lying crowded together in the clear and shallow stream above it, to the number, sometimes, of several thousands, and for weeks awaiting a fresh that will enable them to ascend the ladder. Another illustration in explanation of the main cause of the difference in regard to the early and late seasoned rivers will suffice for the objects of the report, enlarged almost into an essay, under the necessity of fully discussing it, since it will lead to a closer inquiry into the question, and draw forth further facts, either in confirmation or for 0 18 REPORT OF THE SPECIAL COMMISSIONERS

its modification, and essential in reference to the proper time of opening of any particular river. In the western mountainous district of Mayo there falls into the head of the deep inlet and estuary of Tullaghan the Goolmore River, which, at about three miles above the estuary, divides into two branches, the Owenmore and Munhim. The Owenmore branch is much the larger and more extensive of the two, but it is also the shallower, except in late spring floods. The Munhim, on the contrary, is the narrower, but it is the deeper, especially in the earliest spring, and at between two and three miles only above the junction it issues from the Carrowmore Lake, a fine mountain basin, five miles long, and from one to two miles broad. A high mountain divides these two branches, and forms the sources that chiefly supply both. Yet the Munhim is notably a very early river, having good spring fish in January, and the Owenmore is as notably known to have no salmon until April, or even May. The evidence in respect to this fact was first given in the Report of 1846, and the two rivers still retain their relative values as early and late rivers. The deduction is that very shallow, although comparatively large, rivers, and although having a large lake not far from the sea in connexion with them, are not frequented by early spring salmon, unless the lake is of easy occasioned access by the aid of tides or floods; whilst a small but sufficiently deep river within its embouchure, and more especially if it is connected with a large and deep lake, will be more or less frequented by early salmon, and be more or less an early river in proportion to the facilities of access to the deep pools or lake within it. But without the existence of a lake near the sea, from the reasons before given, it is evident very early fishing in the part below it can only be prudently allowed under very rare and very exceptional circumstances, so as to meet all interests. The evidence of former reports, however, as well as that taken before us, tends undoubtedly to prove that spring fish exist in all deep estuaries and rivers, as well as upon the coast, during most of the spawning season, or at least so early as January. Therefore, in further illustration of the influence shallow or dee]) rivers have in the question of the entrance of salmon into the rivers of Ireland in early spring, we give the facts resulting from an inquiry as well as from a local examination of the insignificant rivers Castletown, Glyde, and Dee, which fall into the sea within five or six miles of each other on the east coast of Ireland;—the Castletown, although having a fine estuary, being a late river, and the Glyde and Dee, which have a common entrance and are without an estuary, are early rivers, spring salmon being caught in them as soon as the season opens in that district, on the 16th of February, whereas the Castletown is hardly considered a fishing river for salmon until the peal run at the end of June. The explanation, on local examination, we found to be this—that in spite of the advantage of the long estuary at the Dundalk or Castletown River, the river becomes so subdivided at a mile or two only above the tov/n, as to reduce each branch into mere shallow brooks, except in occasional floods, that it has, in consequence, no lake or pools sufficiently deep to tempt sky spring salmon to run for its estuary or river in the early part of the season. The Glyde and Dee, on the contrary, are sluggish and comparatively deep rivers immediately within their common embouchure, and for some miles up are more or less so, and therefore induce the shy spring salmon bred in them to enter these rivers at high water when easy to do so and weather favourable, as is general here, whilst those bred in the Castletown remain in the sea until later in the season; for one of the important points, if it be not the main key in the question of early and late rivers, is, we believe, the shyness of a spring salmon as compared with a late season salmon, to enter shallow or obstructed rivers. lhese facts and reasonings will, we think, sufficiently show, and will sufficiently justify, from its general importance, the extent and detail of the investigation, to illustrate that a uniform commencement of the fishing season in the lower waters would not be sound in theory nor wise in practice for the public requirements for food, as well as in the interests of the fisheries in general ; also, that although some rivers may be productive fisheries in their lower waters in the months of January and February, others are not worth fishing, although we believe spring fish may be in them, before April and May, whilst some are only profitable fisheries on "the arrival of the peal or grilse in June and July. Yet in consequence of there being only alate run of fish in such rivers, it is no valid reason for the extension of their seasons into the month of September, as too many interested desire, not only to their own ultimate injury, but also to the general interests, since? brood fish mainly predominate then. In regard to the upper waters also, indiscriminate net fishing can rarely be safely allowed before the spawn and spent fish have left them, which, as we have shown, is not FOR IRISH FISHERIES. 19

before the beginning of March, in general, and sometimes not before April, so as to pre­ vent the indiscriminate destruction of both spawning and spent fish. In conclusion, we may remark that as the above views refer mainly to the consideration of the relative seasons of individual rivers throughout the whole coast, they may, and no doubt are, all more or less influenced in some years by the earliness or lateness of the ge­ neral season in respect to temperature and weather, which both affects the sea near the coast, as well as the rivers within it; and thus the early and later parts of the season will be corre­ spondingly affected in some degree ; but only as a secondary and occasional influence as compared with the primary ones of natural instincts and local features we have so fully dwelt upon, and which may be summarised in the words—Instinctive shyness and physical obstructions—instead of, as frequently supposed, specific properties peculiar to local species, in which .we have no belief in respect to the salmon of our rivers, although there may be and are many varieties in respect to form and quality. Because in mid-summer, when the sea and atmospheric temperature and conditions are more uniform, we have the arrival of the peal or grilse so remarkably uniform, which is the natural explanation of this uniformity of the time of their general return to our coast and their native rivers, whereas if there were distinct species of late and early salmon we should have more certain facts regarding a later, as well as a July, run of peal upon our coasts and into our rivers, as an annual occurrence.

8. Local Management.

During the past year the triennial election of Conservators has taken place, and we are happy to be able to say that all the elections were conducted regularly, and without any complaint being made with respect to them. In some districts our attention was called to the fact of persons holding at the same time the offices of conservator and clerk, and as those offices are manifestly inconsistent with each other, and therefore ought not to be held by the same person, we felt it our duty to apprize the Boards in which such a thing occurred of the impropriety of this, and to request them to rectify the error. All the Boards, except that of the Waterford district, acted upon our suggestion, and appointed other clerks, but the Waterford Board and clerk disregarded it, even though meetings of that Board have been held for the purpose of trying to get another clerk appointed ; but the Conservators who supported the law being always in the minority, the clerk of the Board also continues conservator, and disregards our suggestion that he should resign one of the offices. How far the acts of the clerk are legal, or how far the acts of the Board may be valid if influenced by his vote, it is not possible to say, but we think that when such an anomalous state of things is allowed to exist, and is practically without control, the prudence will be seen of giving to some superintending body the-power at least of a veto on such elections. The scantiness of the information which we have been able to gain from the clerks of districts in general led us during the past year to inquire whether any annual or other periodical reports were made by them to their respective Boards. When the machinery by which the fishery laws are carried out is considered, it is obvious how accurate and valuable the statistical information which may be furnished by such documents, coming from different parts of the country, would be, and with how much more certainty it would enable Commissioners to speak in their annual reports; and yet but in one district out of the seventeen has it been the habit to make any such statement. That district is the Limerick; and we with great pleasure direct attention to the annual report of the clerk of that district for the last year, as worthy of imitation by the clerks of other districts, not more for the matter of it than for the means by which his information was obtained. Mis report appears to be founded principally upon “ records kept ” by his water bailiffs, and “reports” made by them. This system only requires to be systematically and carefully carried out through the country to place yearly before each Board the state of its own districts, and to supply for Commissioners a defect which we long since noticed of the means of getting information which could be relied on. As illustrative, we may take the Limerick district, extending the whole length of the Shannon, and including all its tributaries ; whilst, as it would be impossible for the clerk to have by his own actual inspection constant accurate information with respect to each portion of the district, he has his bailiffs in each part, whose duty it is daily to know the state of the rivers, the supply of fish, and the state of spawning beds, and who, without almost any additional trouble may enter these matters with the state of wind and weather in a register. By means of this machinery, so well suited for the purpose, he may be enabled to lay before the Conservators statistics and information valuable and accurate, 20 REPORT OF THE SPECIAL COMMISSIONERS and enable each Conservator in his own locality to compare the statements of the bailiffs with his own information, and, if necessary, to correct them ; such district reports would, in a few years, present considerations for the improvement of the fisheries, the seasons of the rivers, &c., &c., for which hitherto there has been no ground laid. Having pointed out the importance of this document, we hope that the clerk of the Limerick district will perfect the system, and that the clerks of other districts will emulate, if they cannot equal him, by acquiring, in the same way as he has, similar infor­ mation, and embodying it at the close of each year in the shape of a similar statement. Considering the vast extent of the Limerick district we regret to find it stated in the report, and also by the water bailiffs, that the American weed,- which first appeared in that district in the year 1864, is stated by one of the bailiffs at Athlon e to have “ made a. terrible progress in growth all along the banks of the river there and on all still water.” The rapid growth of it in all parts of the district is alarming, if it turns out to be injurious to salmon or trout. At present that appears to be a matter of uncertainty; but the clerk of the district states that he “will from time to time endeavour to collect such facts as may lead to a correct conclusion.” Accurate information may be expected from him.

9. Legislation Suggested.

On this subject we can add little to what we have stated in our former reports to be desirable, which we here recapitulate, viz.— 1. That votes for Conservators in respect of fixed engines should be allowed only in the electoral divisions in which they are fished and the licence is taken out. 2. That to entitle a person to vote, his licence should be taken out two months before the election. 3. That licences should be sold only by authorized persons. 4. That no officer or servant of Board should interfere in or vote at elections. 5. That the Commissioners should have power to inquire into and rectify proceedings at elections. 6. That the appointment of Clerks and otner officeis should be subject to approval of Commissioners, and that Clerks should be permanent, but be liable to dismissal by Commissioners for violation of statutes or neglect ol duty. 7. That conviction under Fishery Acts should render Conservator, Clerk, or other officer, liable to dismissal by Commissioners, with consent of Lord Lieutenant. 8. That the Commissioners should have power to direct prosecutions. 9. That rod licences should be personal. 10. That they should bo valid only in the district in which they are taken out, until payment of a small sum in addition in each other district in which they are used* 11. That there should be a uniform rate of rod licences, at LI a rod. 12. That the onus of proving that any fish killed after netting season in a district was killed legally, should be on the parties having the fish. 13. That power be given to Commissioners to alter the rod season in same way as that for other engines. 14. To make it clear that penalties are to be divided, giving one-third to the informer and two-thirds to the Board. 15. That power be given to Commissioners to try the right of parties claiming as owners of several fisheries to use draft-nets within the forbidden distances of mouths of rivers, as in cases of fixed engines erected there. 16. That power be given to water bailiffs to search for illegal engines and seize them, as in the English Act of 1860. 17. That fishing within 50 feet of a fish-pass be prevented. FOR IRISH FISHERIES. 21 18. That funds should be provided by Government for building fish-passes, clearing obstructions, &c. 19. That the annual accounts of the districts should be audited by the Commissioners, with power to them to enforce any sum not paid to the Conservators, or disallow any sum illegally paid by them.

In addition to these particular suggestions we would again direct your Excellency’s attention to the necessity for consolidation as well as amendment of the Fishery Laws, and urge the combination of the two in any legislation which may be adopted, repeating from our last report that “ whatever difference of opinion there may be among interests as to the propriety of particular amendments, we believe that the question of consolidation will meet with the fullest approbation and co-operation of all parties.” We have again as on former occasions to express our obligations to Coast guard and Police for the assistance which they have readily given us both in our own business and in the prevention of poaching. We add Appendices containing the annual statistics of the fisheries as accurately as we could collect them, and an account of the quantity and variety of the work done under this Commission. We have the honour to be Your Excellency’s obedient servants, R. J. LANE. T. SPRATT. JAMES PATERSON. Dated at the Office oj the Special Commissioners for Irish Fisheries, Dublin, 25th June, 1868.

Note.—Having by mutual arrangement prepared, as the Report of the Commissioners, the part of this Report referring to the close season question, it is necessary to state that I am alone responsible for the theories contained in the discussion of it. T. SPRATT.

Note.—As most of the matters embraced in this Report had occurred and been disposed of before I became a member of the Commission, my signature applies only to the ninth head, as to the legislation suggested. JAMES PATERSON. I

APPENDIX.

Appendix No. . , age 1. —Result of Inquiries held by the Special Commissioners for Irish Fisheries into the Legality or Illegality of Fixed Nets, 24 2. —Result of Inquiries held by the Special Commissioners for Irish Fisheries into Fishing Weirs, 32 3. —Rivers of which the Mouths have been defined by the Special Commissioners, 34 4. —Table showing the Close Seasons for Salmon and Trout in the Different Districts in Ireland, as fixed by Statute Law, or the Order of the Commissioners, ..•••• 35 5. —Schedule of Licence Duties payable in each District on Engines used for Fishing lor Salmon, on 1st January, 1868, ...... 36 6. —Schedule of Licence Duties received by the Boards of Conservators for the Years I860 and 1867, 36 7. —Amount of Licence Duty received for the Different Fishing Engines for the A ear 1S67, in each District, . . * . 38 8. —•Applications for By-Laws, Rules, &c., received by Commissioners, . . • • • 39 9. —By-Laws, Orders, Ac., made by the Special Commissioners, 40 10. -—Abstract of By-Laws, Orders, Ac., relating to the Salmon Fisheries, in force, .... 41 11. —Abstract of Statements from Clerks of Boards of Conservators as to the State of the Salmon and Inland Fisheries, ...... 42 12. -—Certificates tor Fixed Nets granted by the Special Commissioners, . . • • • 44 13. -—-List of Wishing Weirs and Fishing Mill Dams surveyed by directions of the Con missio icrs, 44 14. —.Quantity of Salmon conveyed by the Different Railways for the year ending 31st December, 1867, and Rates of Carriage of Salmon, 44 15. —Rivers ’he lidal and Fresh Water Boundaries of which have been defined, . 46 16. —List of Mill \\ eiis, Obstructions, Ac., surveyed for Fish Passes, and of Fish Passes built, . . 46 17. —List of Stone Weirs used for Salmon Fishing, with their Breadth, and the size of the Queen’s Gap or Share maintained therein respectively, 47 91 APPENDIX TO THE REPORT OF THE

Appendix, ppendix No. 1 A Result of Inquiries held by the Special Commissioners for Irish Fisheries into the

1 1 Name of Owner | No. Description Name of Person Name of of of Fixed Nit. Parish. Where Fixed Net situated. maintainii'c and using or of Land to whicll Townland to which Fixed Net. Fixed Net. Net attached. | Net attached.

I Barrow, otherwise Ross, other­ 1 Head Weir, . Thomas Murphy, John II. Glascott, Duuganstown, . Whitechurch, . wise Nore and Barrow Rivers w conjoined. 2 Barrow River, Ditto, . Arthur Kavanagh, Arthur Kavanagh, . Drummin, St. Mullin's, . ' W. M. Glascott, 1 3 Barrow, otherwise Ross River, Ditto, . Joseph Hunt, . Mountanago, Whitechurch,. otherwise Note and Barrow Rivers conjoined. 4 Ditto, .... Ditto, . Walter Sweetman, . Walter Sweetman, . Annaghs, . Shanbogh, Ditto, .... Ditto, . Michael and D. Cody. — Carrick loner, . Kilniakevogc, 6 Ditto, .... | Ditto, . James Doody, . — Great Island, . Kilmokea, 7 Ditto, .... Ditto, . Samuel Bennett, — Ditto, Ditto, . 8 Ditto, .... Ditto, . Richard C'ashen, — Shanbogh, Upper. Sbaubcgh, 9 Ditto, .... Ditto, . John Sherlock, . — Great Island, . Kilmokea,

10 Ditto, .... Ditto, . P. Shanahan, . — Ditto, Ditto, . 11 Ditto, .... Ditto, . Geortrc Kent, . — Ditto, Ditto, . 12 Suir,...... Ditto, . John Lynch, ' N. Power, Faithlegg, Faithlegg, 13 Ditto, .... Ditto, . Hugh Treacey, Ditto, Ditto, Ditto, . 14 Ditto, .... Ditto, . John Walsh, — Cheekpoint, Ditto, . 15 Suir, Nore, and Barrow Rivers Ditto, . John Lynch, — Coolbuunia, Ditto, . conjoined. 16 Ditto, .... Stake Weir, . Michael Dobbvn, Marquess of Waterford, Crook e. . Crookc, . 17 Ditto, .... Ditto, . Eiiza Coghlan, . J. J. D. Coghlan, Dromina, Ditto, . 18 Nore, ..... Head Weir, . W. I1’. F. Tighe, W. F. F. Tighe, . Innistioge, Innistioge, 19 Barrow, otherwise Ross River, Ditto, . Patrick Byrne, E. W. Nunn, . Camlin, . Old Ross, otherwise Nore and Barrow conjoined. 20 Barrow, .... Ditto, . W. F. F. Tighe, W. F. F. Tighe, . Kilconnellv, The Rower, . ‘21 Ditto, .... Ditto, . - . John Eligot, D. Burtchell, . Coolrainy, Ditto, . 22 Barrow, otherwise Ross River, Head Weir, . John Forrestal, — Canickloney, . Kilmakevoge, otherwise Nore and Barrow conjoined. 23 Nore River, .... Ditto, . John Hunt, Mrs. and Miss Vicars, Brownsford, Dysertmoon, . 24 Suir River, .... Ditto, . Paul Anderson, N. A. Power, . Gorteens, Rathpatrick, . Ditto, .... Ditto, . Cath.and P. Moroney, N. Power, Drumdowney, Upper, Ditto, . 26 Barrow, otherwise Ross River, Ditto, . Michael Irish, . Dr. J. Mackesy, Bally verneen, . Ballygurrini, . otherwise Nore and Barrow conjoined. 27 Ditto, .... Ditto, . Thomas Murphy, Col. Chas. Kearney, . Kearney’s Bay, Kilcolomb, 28 Ditto, .... Ditto, . Joseph Hunt, . Peter Stiangc, . Rochcstown, Ditto, . 29 Ditto, .... Ditto, . P. I lannebury, Ditto, Ditto, Ditto, . Ditto, .... Ditto, . J. Doyle, J. Devereux, . , Ringville, Ditto, . 30 Ditto, 1 Ditto, 31 Ditto, . J. Bolger, Ditto, . Ditto, . W. Walsh, .Mra. Bolton, Drumdowney, Upper, Rathpatrick, . ’ O‘> Ditto, . J. Sullivan, P. I lannebury,. Baliinlaw, Kilcolunib, 34 1 >itto, .... Ditto, . J.4m Brien, ’ N. Power, Drumdowney, Upper, Rathpatrick, . Ditto, . Da* id Bennett, Ditto, Ditto, Ditto, . 35 Fisherstown, . 36 Barrow, otherwise Ross River, Ditto, . Janies Butler, . ! Samuel King, - Kilmokea, otherwise Nore and Barrow conjoined. 37 Ditto, .... Ditto, . Pierce Cox, Ditto, Ditto, Ditto, . Ditto, .... Ditto, . James Kavanagh, — Ditto, Ditto, . 39 Suir, Nore, and Barrow con­ Scotch or Stake A. Ryan, or Hayes, . Lord Templcmore, Duncannon, St. James and joined, otherwise Waterford Weir. Dunbrody. Harbour. 40 Ditto, .... Ditto, . M. Doyle, Ditto, Clonsharragh, . Ditto, . 41 Ditto, .... Ditto, . A. Stephens, Ditto, Ditto, Ditto, .

42 Suir, ..... Head Weir, . N. A. Power, . N. A. Power, . Gorteens, . Rathpatrick, .

43 Shannon River, Fly-Net, Randle Borough, Randle Borough, Querrin, . Moyarta, 44 Ditto, .... Stake-Net, S. M'Auliffe, . Ditto, Shangannagh, . Ditto, . 45 Ditto, .... Ditto, . William Kennedy, . John Cox, Clarefield, Ditto, . 46 Ditto, .... Ditto, . D. M'Auiiile. . Francis Keane, Scattery Island, Ki Irtish, 47 Ditto, .... Fly-Net/ Francis Connell, Ditto, Ditto, Ditto, . 48 Dito, .... Stake-Set, •S. M‘Auliffc, . Beniamin Cox, Clarefield, Moyarta, 49 Ditto, .... Ditto, . J. Connell and D. Colonel Vandeleur, . Carrowncalla S., Kiirush, M'Auliffe, 50 Ditto, .... Ditto, . Francis Connell, Francis Keane, Scattery Island, Ditto, . 5! Dittq, .... Flv-Net, Ditto, Ditto, Ditto, Ditto, . AO Ditto, .... Ditto, . John Commins, Colonel Vandeleur, . Tnishbig or Hog Island. Ditto, . 53 Ditto, .... Ditto, . .James Connell, Ditto, Bullynote, West, Ditto, . 54 Ditto, .... Ditto, . .1 • n SI ttery, . Ditto, Ballyniacrinan, Killimor, Ditto, .... Ditto, . S M'Anliiie, . Ditto, Lakylc, South, Kilobit, 56 Ditto, .... Ditto, . Ditto, D'tto, Ditto, Ditto, . Ditto, .... Ditto, . 8. M'Auliffe and T. Ditto, Mount Shannon, West, Ditto, . M’Namara. 5'1 Ditto, .... 'take-Net, Marcus Sheehy, Ditto. Mount Shannon Wood. Ditto, . 59 Ditto, .... Fly-Net, Denis M‘Auiiffe, Colonel Vandeleur, . Clookcrry, West, Ditto, .

co Ditto, Stake-Net, S. M'Auliffe, . Lord Leconfield, Erribul, . Kilfidane. 61 Ditto, . . . . I Ditto, . S. Cunningham, Ditto, Ditto, Ditto, . 62 Ditto, Ditto, . James O’Neill, William Ashe, . Sbannakeabew, Ditto. - 63 Ditto, . . . . | Ditto, . John Griffin, . James Kelly, . . i Cahiracon, Kildvsart, 64 I ;itto (Clonderalaw B v),. Ditto, . Daniel Molony, Lord Analv, . . ■ Kilkerrin, Kilofin, 65 Ditto, .... Ditto, . . 1 Ditto, Ditto, Ditto, Ditto, . 66 Ditto, .... Ditto, . . , James Browne, Ditto, Lakyle, North, Ditto, . 67 Ditto...... Ditto, . D. Molony, Ditto, Ballina. . Ditto, . 68 Ditto, .... Ditto. . . I Ditto, Ditto, . . ! Kilkerrin, Ditto, . 69 Kitto, .... Fly-Net, . 1 Thomas M'Mahou, . Richard Barclay, . ' Pallyartney, Ditto, . SPECIAL COMMISSIONERS FOR IRISH FISHERIES 25

No. 1. Appendix, No. I. Legality or Illegality of Fixed Nets erected or used for catching Salmon in Ireland.

Date AA*hcthcr Judgment of Result of .Appeal in No. Barony. County. Judgment of Commissioners. of Commissioners Appcalct Court <>t Judgment. against. Queen's Bench.

! 17 Oct. 1863 1 Shelburne, . Wexford, . To be abated, as being injurious to naviga- Appeal, . Appeal withdrawn. tion, and erected without the title required bv the 5th and 6th Vic., c. 106. 1 o St.Mullin’s,! Carlow, To be abated, not having been legally erected Ditto, No appeal. — in 1862. 3 Shelburne, . Wexford, . To be abated, as being injurious to navigation, Ditto, Appeal, . Judgment affirmed. and erected without the title required by the 5th and 6th Vic., c. 106. 4 Ida, . Kilkenny, . Ditto, ...... 19 Oct. 1863 Appeal. . Ditto. 5 Ditto, Ditto. Ditto,...... Ditto, No appeal. — 6 Shelburne, . Wexford, Ditto, ...... | Ditto, Ditto. — 7 Ditto, Ditto, Ditto, ...... Ditto, Ditto. _ d Ida, . Kilkenny, . To be abated, not having been legally erected in 1862 Ditto, Ditto. — 9 Shelburne, . Wexford, . To be abated, as being injurious to navigation, Ditto, Ditto. — and erected without the title required by the 5th and 6th Vic., c. 106. i 10 Ditto, Ditto, To be abated, not having been legally erected in 1862 Ditto, Ditto. — ] 1 Ditto, Ditto, To be abated, as being injurious to navigation, 20 Oct. 1863 Appeal, . Judgment affirmed. 12 Gualtiere, . Waterford, . Ditto, and erected without the title required *21 Oct. 1863 No appeal. — by the 5th and 6th Vic., c. 106. 13 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 14 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 15 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 1G Ditto, Ditto, Ditto, ...... 22 Oct. 1863, Appeal, . Judgment affirmed. 17 Ditto, Ditto, Ditto, ...... 24 Oct. 1863, Ditto, Ditto. If! Gowran, Kilkenny, . To be abated, as injurious to navigation, . 26 Oct. 1363. Ditto, Ditto. 19 Bantry, AA'exford, . Ditto, and erected without the title required Ditto, Ditto, Ditto. by the 5th and 6th Vic., c. 106.

20 Ida, . Kilkenny, . Ditto,...... Ditto, No appeal. — 21 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 22 Ditto, Ditto, Ditto...... 26 Oct. 1863, Ditto. —

03 Ditto, Ditto, Ditto, ...... 27 Oct. 1863. Ditto. _ 24 Ditto, Ditto, Ditto, ...... •-9 Oct. 1863, Ditto. — Ditto, Ditto, Ditto, ...... lo Dec. 1863, Ditto. — 26 Ditto, Ditto, Ditto, ...... 10 Dec. 1863, Appeal, . Appeal withdrawn.

27 Ditto, Ditto, Ditto, ...... 11 Dee. 1803. Ditto, Ditto. 23 Ditto, Ditto, Ditto,...... Ditto, Ditto, Ditto. 2.9 Ditto, Ditto, Ditto, ...... Ditto, No appeal. — 30 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 31 Ditto, Ditto, Ditto, ...... Ditto, Appeal, . Judgment affirmed. 31 Ditto, Ditto, Ditto,...... Ditto, No apneal. — 33 Ditto, Ditto, Ditto, ...... 12 Dec. 1863, Ditto. — 34 Ditto, Ditto, Ditto,...... I itto, Ditto. — 35 Ditto, Ditto, Ditto,...... Ditto, Ditto. — 36 Shelburne, . AV ex ford, . Ditto, ...... Ditto, Appeal, . Appeal withdrawn.

37 Ditto, Ditto, Ditto,...... Ditto, No appeal. _ 33 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 39 Ditto, Ditto, To be abated, as being injurious to navigation, . 16 Dec. 1863, Appeal, . Judgment affirmed.

40 Ditto, Ditto, To be abated, as being erected in narrow channel. 4 April.1865, No appeal. _ 41 Ditto, Ditto, To be abated, as being injurious to navigation, 23 Dec. 1863. Appeal, Judgment affirmed. and being illegally erected—extending beyond low-water mark. 42 Ida, . Kilkenny, . To be abated, as injurious to navigation, and Ditto, No appeal. — erected without the title required by the 5th and 6th Vic., c. 106. 43 Moyarta, Clare, To be abated, as erected without the title re- 1 Jan. 1864, Ditto. — quired by the 5th and 6th A ic., c. 106. 44 Ditto, Ditto, . Ditto,...... 1 Jan. 1864, Ditto. — 45 Ditto, Ditto, Ditto, ...... Ditto, Ditto. —1- 46 Ditto, Ditto, Ditto, Ditto, Ditto. — 47 Ditto, Ditto, Ditto...... Ditto, Ditto. — 48 Ditto, Ditto, Ditto, ...... 2 Jan. 1864. Ditto. — 4!) Ditto, Ditto, Ditto, ...... Ditto, Appeal, . Judgment affirmed. 50 Ditto, Ditto, Ditto, • • . . . Diito, No appeal. — 51 Ditto, Ditto, Ditto, ..... Ditto, Ditto. — Ditto, Ditto, Ditto,...... Ditto, Ditto. — 53 Ditto, Ditto, Ditto, ...... Ditto, Appeal. . Judgment affirmed. 54 Clanderalaw, Diet , Ditto...... Ditto, Ditto, Ditto. 55 Ditto, Ditto, . Ditto, ...... 4 Jan. 1 <8 >4. No appeal. — 56 1)itto, Ditto, Ditto,...... Ditto, Ditto. — 5/ Ditto, Ditto, Ditto, ...... Ditto, . 1 Ditto. — Ditto, . | 58 Ditto, Ditto. Ditto,...... 1 Appeal. . Judgment reversed. 59 Ditto, Ditto, Ditto, ...... 4 Jan. 1864,1 No appeal. — 60 Ditto, Ditto, Ditto...... Di to, Ditto. __ 61 Ditto, Ditto, Ditto, ...... Ditto, Ditto. —. 62 Ditto, 1)itto, Ditto, Ditto, Ditto. — 63 Ditto, Ditto, Ditto, ...... Ditto. . 1 >it.o. — 64 Ditto, Ditto, Ditto, ..•••. 7 Jan.1864. Appeal. . Judgment reverse 1. 65 Ditto, Ditto, Ditto, ...... Ditt >, . 1 Ditto, Ditto. 66 Ditto, Ditto, Ditto, . . . • • Ditto, . 1 Ditto, Judgmeut affirmed. 67 Ditto, Ditto, Ditto,and not having been legally erected in 1862. 5 Jan. 1861. No appeal. .—. 68 Ditto, Ditto, . I Ditto,...... Ditto, . | Ditto. — 69 Ditto, Ditto, .! Ditto,...... 7 Jan. 1861. Ditto. —

1) 26 APPENDIX TO THE REPORT OE THE

Appendix, Result of Inquiries held by the Special Commissioners for Irish Fisheries into the No. I.

Description Name of Person Name of Owner of Fixed Net, Name of No. Where Fixed Net situated. of maintaining and using Townland to which Parish. Fixed Net. Fixed Net. or of Land to which Net attached. Net attached.

70 River Barrow, otherwise N ore Head Weir, . Richard Hcwitson, . M. W. Knox, . Kilmannock, . . ! Kilmokea, and Barrow conjoined.

71 River Suir, .... Ditto, . G. Giles, G. Giles, Kilmurry, Rathpatrick, . 72 Rivers Suir, Nore, and Barrow Stake Weir, . Janies Ryan, 0 Lord Ely, Duncannon, St. James and conjoined, otherwise Water­ Dunbrody. ford Harbour. 73 Slade Bay, .... Bag-Net, W. Breen, . . j Ditto, Slade, Hook, . 74 Suir, Nore, and Barrow con- Head Weir . J. Hanlon and others, Lord Teinplernore, Nook, St. James and joined. i Dunbrody. 75 Ditto, .... Ditto, . Anthony Wallis, Ditto, Ballyhack, Ditto,.

76 Ditto, .... Stake-Net, Arthur N. O’Neill, . Lord Carew, Woodstown. Lower,. Crooke, . 77 Ditto, .... Ditto, . Ditto, Ditto, Knockaveelish, Killca, . 78 Suir, King’s Channel, Ditto, . Mary O’Neill, . Mary O’Neill, . Knockboy, Ballygunner, . 79 Ditto, .... Ditto, . Ditto, Ditto, Ditto, Ditto, .

80 Suir, Nore, and Barrow con- Head Weir, . John Hanlon & others, Lord Teinplernore, Saltmills, St. James and joined. Duubrodv 81 Ditto, .... Ditto. . Ditto. Ditto, Ballyhack, Ditto, . 82 Shannon, .... Stake-Net, Stephen Cunningham, Bryan O’Loghlen, Ailroebeg, Killidane, 83 Ditto, .... Fl v-Net, R. \V. C. Reeves, . R. W. C. Reeves, Poulnadaree, . Killimor 84 Ditto, . . . . Stake-ltet, Ditto, Ditto, Burrane, Lower, Ditto, . *

Ditto, Ditto, 85 Ditto, . . • • Ditto, . • Ditto, Ditto, .

Ditto, Ditto, 86 Ditto, . . • • Ditto, . Ditto, Ditto, . Stake-Net, Michael Colpoys, Colonel Hickman, Ditto, . . • • Knock, K ilmurry 87 Ditto, . S. M’Cauliffe & John Ditto, Ditto, 88 Ditto, . • • • Brooks. Ditto,'. Ditto, . Eliza Hodnett, Ditto, Kilmore, 89 Ditto, • • • * Ditto, . Ditto, . Ditto, Ditto, Ditto, Ditto, . 90 Ditto, • • • ' Ditto, Ditto, Ditto, Ditto 91 Ditto, Ditto, . John Houlehan, Ditto, Carrowbane, Ditto, . 92 Ditto, S. Pegum, Rev. T. Butler, • Poulnadaree, . Ditto, Killimor Ditto, • • * Ditto, . Ditto, Ditto, Ditto, . 93 Henry S. O’Brien, . Henry S. O’Brien, 94 Ditto, • • ' ’ Ditto, . • Portdrine, kilfintinan, 95 Ditto, S. M'Aulilfe, . T. R. Henn, . Ditto, . Slievcdoolcy, . Kilofin, . Ditto, • • ' ' 96 T. Naughton A others E. T. Massey, . Ballycanaunr Ditto, . M. Shaughnessy and Lord Cruillamore, Ballystcen, Ditto, • • ’ # Ditto, . Courtbrown, 97 others. Askeaton, 98 Ditto, S M‘Cauline, . Colonel Hickman, Knock, Kilmurry, Ditto. . J. Browne, Lord Monteagle, Leahy s, 99 Ditto, Ditto, . Ditto, Ditto, Durnish, Robertstown, 100 Ditto, Ditto, . Shanagolden, . 101 Ditto, Ditto, Ditto, Ditto, • Foynes Island, Robertstown, . 102 Ditto, Ditto, Ditto, Ditto, . Ditto, Ditto, I litto, Mount Trenchard, . Ditto, . Loglnl]’, 103 Ditto, Ditto, Ditto. Ditto, Ditto Ditto, Ditto, . 104 P. Shcean, Lord Clare, Ballynash (Clare), . Robertstown 105 Ditto, Ditto, . 106 Ditto, ?.I M‘Namarra, R. Bateson. Loghill, . LoMiill Ditto, . fohii Griffin, . '1 homas Royse. Carrow baneLeif 107 Ditto, • • ’ ' Ditto, . Si. JPNanmrra, Earl of Clare, . 1 litto, 108 Ditto, Ditto, . • C. Minchin, Killacoila, 109 Ditto, Ditto, • r it Putlandand Knight of Glin, Caheragh, Ditto, " 110 Ditto . - * * Ditto, . others. 111 Ditto, . • • ’

Ditto, • Ditto, Glin Demesne, Ditto, . Ditto. . Ditto, Farranmiller, . 112 Ditto, . Ditto, Ditto, . 113 Ditto, . Ditto, . Ki’aooHa (Barker), . J. Browne. Ditto. . 114 Ditto, .... Ditto. . W B 1 ■ ington, . W. B. Ban in.; ton, Baliylioolahan,. l-'igLill. 115 Ditto, .... Fly-Net, J. Browne, ...... aid, Ballydi nohoe, . Kilfcrgus, 116 Ditto, .... Ditto, . P. J. Mayne.. . P. J. Mayne. . East Astee, Ahavallin, . 117 Ditto, .... Stake-Net, . Ditto, Ditto, West Ast Ditto, . 118 Ditto, .... Ditto, . W. C. Hickey, < leonania1; 119 Ditto, .... Ditto, . J. Pirn, . Ditto, . 120 C. Sandcs, C. Sandes, f ; Island, . Ahavallin. Ditto, .... Ditto. . R. Leslie, 121 Ditto, .... Ditto, . J. Pirn. . • i KiIcol; an, Lower, Kilnaughten, . 122 Ditto, .... Ditto, . Alicia Wren, . Lord Listowel. Coreas and Sand 11 ills, Kileonuelly, . 123 Ditto, .... Fly-Net, Ditto, Ditto, Castlequarter, . Ditto, . 121 Ditto, .... Stake-Net, Ditto, Leslie Wren, . Kylatallen, Ditto, . 125 Ditto, .... Ditto, . W. Sandes, I’. Sandcs, Carhoonakinneely, . Kilnaughten, . SPECIAL COMMISSIONERS FOR IRISH FISHERIES. 27

Legality or Illegality of Fixed Nets erected or used for catching Salmon in Ireland—continued. Appendix, No. 1.

Dato Whether Judgment of Result of Appeal in No. Barony. County. Judgment of Commissioners. of Commissioners Appealed Court of Judgment. against. Queen’s Bench.

70 Sholburue, . Wexford, . To be abated, as injurious to navigation, and as 10 Mar. 1864, Appeal, . Sent back for further in- erected without the title required by 5 & 6 quiryas to partial abate- 1 V IC., c. 1 Uu. IllCllt.— jSo. —/ —. 71 Ida, . . 1 Kilkenny, . Ditto, ...... 14 Mar. 1864, No appeal. 72 Shelburne. . 1 Wexford, . To he abated, as erected without the title re­ 15 Mar. 1864, Appeal, . Withdrawn. 1 quired by 5 & 6 Vic., c. 106. 73 Ditto, Ditto, Ditto,...... Ditto, No appeal. — 74 Ditto, Ditto, Legally erected, ...... 16 Mar. 1864. — — 75 Ditto, Ditto, To be abated, as injurious to navigation, . Ditto, Appeal, . Withdrawn. r Sent back for reconsider- 1 ation on points not 7G Gaultiers, . Waterford, . To be abated, as erected without the title re- 17 Mar. 1864, Ditto, raised at first trial, and tile point Oil A. hit ll lilt, 77 Ditto, Ditto, Ditto, ...... Ditto, Ditto, two first were sent back Ditto, Ditto, Ditto, ...... 18 Mar. 1864. Ditto, was virtually abandoned 78 on the second trial and 79 Ditto, Ditto, Ditto, ...... Ditto, Ditto, on thosecond argument. •—Sec Nos. 201 to204in- elusive. 80 Shelburne, . Wexford, . To be abated, Lord Templemore consenting, Ditto, No appeal. 81 Ditto, Ditto, Ditto, ...... Ditto, Ditto. __ 82 Clonderalaw, Clare, Legally erected, ...... 26 Mar. 1864. 83 Ditto, Ditto, To be abated; not erected in 1862, . 28 Mar. 1864, No appeal. 84 Ditto, Ditto, Io be abated, as erected without the title re­ 29 Mar. 1864. Appeal, . Judgment reversed. quired by 5 & 6 A ic., c. 106 ; and extending beyond low-water mark. The latter question to be tried by Commissioners when appeal on title decided. 85 Ditto, Ditto, Ditto,...... Ditto, Ditto, Sent back to ascertain the extent beyond low watermark, pursuant tn Commissioners reserva­ tion.—See No. 266. Ditto, Ditto, To bp abated, ns erected without the tit!? required by 36 6 V ic., c. 106,and ns being injurious tu navigation Ditto, Ditto, Judgment affirmed. 87 Ditto, Ditto, To be abated ; not erected in 1862, Ditto, Ditto, ..... -L' 1 LLUf a , JUltCO. 38 Ditto, Ditto, No appeal. Ditto, Ditto, 89 To be abated,as injurious to navigation,and as erect- 31 .Alar. 1864, Appeal, . Judgment affirmed. Ditto, SO Ditto, To be abated, as erected without the title re- Ditto, Ditto, Judgment reversed. 91 Ditto, Ditto, To be abated ; not erected in 1862, Ditto, 92 Ditto, Ditto, To be abated, as injurious to navigation, and ns Ditto, Ditto’ Ditto. erected without the title required by 3 & 6 V ic., c. 106. 1 93 Ditto, Ditto, To be abated by consent of Mr. Butler, . 2 Apr. 1864, No appeal. Ditto,...... 94 Ditto, Ditto, Ditto. Ditto. __ 95 Bunratty,Lr. Ditto, To be abated, as being injurious to navigation 4 Apr. 1854, Appeal, . New trial granted upon and to the public right of fishing. point of iorm, sec No. 250. 96 Clonderalaw, Ditto, To be abated, as erected without the title re­ Ditto, quired by 5 & 6 Vi.-., c. 106 No appeal. 97 Kenry, Limerick, . Ditto, .... Ditto, Ditto. _ 98 I Lower Con- Ditto, Ditto, ...... Ditto, Ditto. - - nello. 99 Clonderalaw, Clare, Ditto, ...... Ditto, Ditto. — 100 I Shanid, Limerick, . To be abated, as injurious to navigation, . 5 Apr. 1864, Ditto. 101 i Ditto, Ditto, To be abated, as erected without the title required by 5 6 Apr. 1864, Appeal, . • . Judgment reversed. & 6 Vic., c. 106, and injurious to public right ollNhing 102 ' Ditto, Ditto, To be abated, as erected without the title re- Ditto, Ditto, Ditto. 103 Ditto, Ditto, Ditto, ...... Ditto, Ditto, Ditto. 104 Ditto, Ditto, Ditto, ...... Ditto, Ditto, Ditto. 105 Ditto, Ditto, Io be abated by consent; not erected in 1862. . Ditto, No appeal. | To be abated, as erected without the title re- 106 Ditto, Ditto, 7 Apr. 1864, Ditto. — 1 cuired by 5 & 6 A ic., c. 106. 107 Ditto, Ditto, Ditto,...... Ditto, Ditto. — 1(18 Ditto, 1 Ditto, Ditto,...... Ditto, Appeal, . Judgment reversed. 109 Ditto, j Ditto, To be abated, not having been erected in 1862, Ditto, N o appeal. 110 Ditto, Ditto, Legally erected, ...... Ditto, Appeal, . Judgment affirmed. 111 Ditto, Ditto, To bo abated, as erected without the title re­ Ditto, Ditto, Sent back on motion quired by 5 & 6 Vic., c. 106. before hearing of appeal for t urtherconsid rat ion 1 upon :i new point. • t No. 265. 1 112 Ditto, Ditto, To be abated; injurious to navigation, Ditto, No appeal. 113 Ditto, Ditto, 1 To be abated, as erected without the title re Ditto, Ditto. — j (jUllcd 1 • j o Cv G A ic. > c. 1UG, 114 Ditto, Ditto, Ditto, ... 8 April. 1864 . Appeal. . Appeal withdrawn. 115 Ditto, I litto, Legally erected,...... Ditto, Ao appeal. J16 Ditto, j Ditto, To he abated, as erected without the title require) Ditto, Ditto. — i bv 5 N 6 \ ic., c. 106, and not erected in lo('2 117 Irighticonno ‘ Kerry, ■ To be abated ; not legally erected in 1862, anc 11 April, 186 I Appeal, . 1 Judgment affirmed. i 1 T , injurious to the public right of fishing. 113 Ditto, 1 n,tto> Ditto, . • . . Ditto, Ditto, Ditto. 119 Ditt •, . 1 Ditto, To be abated, as erected without the title re Ditto, Ditto, Judgment reversed. qnired bv .» N 6 A >1’., c- 1 120 D:t-o, Ditto, i'o be abated ; not erected in 1862, 11 .April, 186 1 No appeal. _ >■ 121 Ditto, i Ditto, Ditto...... Ditto. ] fit to. — 122 Ditto, 1 Ditto, To be abated, as erected without the title re Ditto, Ditto. — qimed by 5 & 6 A ic.. c. 16b. 123 D'tto. ' Ditto, 1'it" ', . . Ditto, Ditto. _ 121 1 Ditto, 1 litto, Ditto, and not erected in 1862, . 12 April, 1864 Appeal. Judgment, reversed. 125 i Ditto, i Ditto, i Ditto, ditto, . , Ditto, Ditto, Judgment affirmed. 1 D 2

i 28 APPENDIX TO THE REPORT OF THE

Appendix, Result of Inquiries held by the Special Commissioners for Irish Fisheries into the No. 1.______

Description Name of Person Name of Owner Name of maintaining and using of Fixed Net, * No. Where Fixed Net situated. of or of Land to which Townland to which Parish. Fixed Net. Fixed Net. Net attached. Net attached.

126 Shannon, | Stake-Net, Alicia Wren, . Leslie Wren, . Carrigane, Ahavallin,

127 Sea off Coast of County Cork, i Bag-Net, C. Desmond, . Samuel Hodder, Ringabella, Tracton,

128 Ditto, . . . . Fly-Net, W. Atkinson, . Lord Ponsonby, Redbarn, . Clonpriest, 129 Ditto, . . . . Ditto. . N. T. Foley, . Murdock Green, Summerfield, . Yotighal, 130 Ditto, . . . . Stake-Net, J. Ronayne, Ditto, Ditto, Ditto, . 131 Ditto, . . . . Fly-Net, N. T. Folev, . D. L. Lewis, . Claycastle, Ditto, . 132 Ditto, . . . . Bag-N et, John Walsh, Roger Davis, . Knockadoon, Ditto, . 133 Ditto, . . . . Ditto,. D. Sullivan, M. Longlield, . Ballycotton, Kilmahon, 134 Ballycotton Bay. County Cork Ditto,. J. Litton, J. Litton. Ditto, Ditto, . 135 River Blackwater, . Stake-Net, R. Power, Trustees of Mrs. Os­ Pillpark, . Clashmore, borne. 136 Ditto, . . . . Ditto, . F. Kennedy and others Lord Stuart de Decies, Timknock, Ditto, . 137 Ditto, . . . . Ditto, . II. T. Dennehy, Ditto, Ardsallagh, Ditto, . 138 Ditto, . . . . Ditto, . J. Ronayne, Ditto, Ditto, Ditto, . 139 Ditto', .... Ditto, . Ditto, Ditto, Ditto, Ditto, . 140 Ditto, . . . . Ditto, . M. B. Ronayne, Ditto, Ditto, Ditto, . 141 Ditto, . . . . Ditto, . Ct. Crotty, Ditto, Coolbagh, Ditto, . 142 Ditto, . . . . Head Weir, . Gt. Dalton, Ditto, Dromaua, Affane, .

143 Ditto, . . . . Stake-Net, M. Ct.'Adams, . Hon. C.W. 31. Smythe, Rincrew, . Templemichael, 144 Ditto, . . . . Ditto, . Hon.C.W.M. Smythe Ditto, Ballynatray, Ditto, . 145 Ditto, .... Ditto, . E. M'Sweenev, — Templcmichael, Ditto, . 146 Ditto, .... Ditto, . S. Allen&N.T. Foley, Samuel Allen, . D’Loughtane, . Kinsalebeg, 147 Ditto, .... Ditto, . P. Sliney & J.Harley, — Newport, East, Templemichael,

148 Ditto, .... Ditto, . P. Doolan, Lord Huntingdon, Ballynaclash, . Clashmore, 149 Ditto, .... Ditto, . M. Ronayne, • Ditto, Ditto, Ditto, . 150 Ditto, .... Ditto, . P. Mansfield, . J. Kiely, . Newport, East, Kilcockan, 151 Ditto, .... Ditto, . M.White& W.Murphy — S trail cal ly, Ditto, . 152 Ditto...... Ditto, . M. White, — Carnglass, Ditto, . Tinnascart, Aglish, . 153 Ditto, .... Ditto, . E. Cotter, Lord Stuart de Decies, — Staci, Templcmichael, 154 Ditto, .... Ditto, . E. M'Swceney,

Rev. G. Gumbleton, Scart, 155 Ditto, .... Ditto,. John Neil and W. Kilcockan, Hennessey. 156 Ditto, .... Ditto, . R. Browne and Michl. C. Musgrave, . Gienassy, or Clooneen, Aglish, . MCarthv. 157 Ditto, .... Ditto, . J. Fitzgerald, . C. O’Mahony, . Ballyphillip, East, Kilcockan, J. Hargrave, . Dromore, 158 Ditto, . . • • Ditto, . E. Healy, Aglish, . 159 Ditto, .... Ditto, . William Collins, Ditto, . . j Ditto, Ditto, .

160 Ditto, .... Ditto, . Maurice Hickey, Ditto, Ditto, Ditto, . 161 Ditto, . . • • Head Weir, . C. Ussher, C. Ussher, Campbire, Lismore,

162 Ditto, . • • • Ditto, . J. Rice, . _ Killabaly, East, Ditto, . 163 Ditto, .... Ditto, . Sir R. Musgrave, Sir R. Musgrave, Turin Demesne, Ditto, . 164 Ditto, . • • • Ditto, . Ditto, Ditto, • ■ ' . orrisland, Ditto, . 165 Bride,...... Ditto, . M. Whelan, . C. Ussher, < amplure, Ditto, . 166 Ditto, . . • • | Ditto, . J. Magrath, Ditto, D’Kyle, . Ditto, . 167 Ditto, . . . .1 Ditto, . P. Walsh, C. Smith, Snugborougli, . Kilwatcrmoy,. 168 Ditto, Ditto, . J. Connell, Duke of Devonshire, Bridane, Lower, Lismore, 169 Ditto, Ditto. . R. P. Maxwell, R. P. Maxwell, . 1 Killanthony, Kilwatcrmoy,. 170 Ditto, . . .1 Ditto, . E. Evans. R. Oliver. Ballynaraha, Lismore, 171 Ditto, . • ■ Ditto, . T. Hannigan, . Duke of Devonshire, Kilnacarriga, Ditto, . 172 Ditto, 1 >itto, . J. Barry, Ditto, Ballinvella. Ditto, . 173 Ditto, . • • Ditto, . R. P. Maxwell, R. P. Maxwell, Sappertou. North, Kilwatcrmoy,. 174 Ditto, . • • • | I >itto, . J. Mangan, Duke of Devonshire, Ballinvella, Lismore, 175 Ditto, . ■ • | .1 Jitto, . J. Leahy, Ditto. . . 1 Monatrim, Ditto, . 176 Ardmore Bay, IL g-Net, I'. Geary, E. O’Dell, Juffcarrick, Ardmore,

177 Ditto. .... Ditto, . Ditto, Ditto. )ysert, . Ditto, , 178 Castlemaine Harbour. Stake-Net, 11. W. Dodd & others, I he M'1 rillvcuddv, . Cillenagh, Ballinvogher,. 179 Ditto, Ditto. . F. Ashe, . 1 ’ -i ). Lord ntiy, . Lack. Ditto. . 180 Ditto, Ditto. . !I. Vi .Dodd & others. E. Mahouv, .)< ongb.s, . R’illorglii!, 181 Ditto, .... Ditto, . Ditto, Ditto, Hhiunstook, Ditto. . 182 | Ditto, .... Ditto, . E. De Moleyns, Reps. Lord Ventry, . Iromane, Lower, 1 >itto, . 183 Ditto, .... Ditto, . Sir R. Blennerhassett, Sir R. Blennerhassett. Jouglas, . Ditto, . 181 JalJinskolligs Bay, Jag-Net, V. Hector, E. Reeves, . . Jungeagftn, ’rior, 185 fermare River. Ditto, . . VI. O'Sullivan.. S. B. Hartopp, . i lath. Cilcrohane, 186 S ea off Coast of co. Louth, Ditto, . A. Newcomen, . Smith Barry, . . Glaspistol, .'logher,

187 Ditto, .... Ditto, . . J irthiir and Jane New- Arthur New. omen, . C .'allystown, Ditto, . comen. SPECIAL COMMISSIONERS FOR IRISH FISHERIES. 29

Legality or Illegality of Fixed Nets erected or used for catching Salmon in Ireland—continued. Appendix, No. I.

Date Whether Judgment of Result of Appeal in No. Barony. County. Judgment of Commissioners. of Commissioners Appealed Court of Judgment. against. Queen’s Bench.

126 Iraghticonnoi Kerry, To be abated, as injurious to public rights of 12 Apr. 1864, Appeal, . Judgment reversed; but fishing. public right oi fishing preserved. 127 Kinalea, Cork, To be abated, as being within three miles of Car- 4 Aug. 1864 Ditto, Judgment reversed on a rigaline river mouth. point different from, that relied on before the Commissioners. 128 Imokilly, . Ditto, , To be abated, as erected without the title re- 8 Aug. 1864 No appeal. — quired by 5 & 6 Vic., c. 106. 129 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 130 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 131 Ditto, Ditto, ; To be abated, as injurious to navigation, . Ditto, Ditto. 132 Ditto, Ditto, To be abated, being within three miles of mouth Ditto, Ditto. _ of Womanagh River. 133 Ditto, Ditto, Postponed. — — — 131 Ditto, Ditto. Legally erected,...... 29 June. 1865 No appeal. 135 Dccies-with- \\ atertord,. Io be abated, as injurious to navigation, . 12 Aug. 1864 Ditto. —— in-Drum. 136 Ditto, Ditto, Ditto, by consent, ... Ditto, Ditto. _ 137 Ditto, Ditto, Ditto, ditto, . . Ditto, Ditto. 138 Ditto, Ditto, Ditto, ditto, ... Ditto, Ditto. _ 139 Ditto, Ditto, Ditto, ditto, ..... Ditto, Ditto. _ 140 Ditto, Ditto, Ditto, ditto, ... Ditto, Ditto. __ 141 Ditto, Ditto, Ditto, ditto, ... Ditto, Ditto. _ 142 Decies-with- Ditto, Ditto, ditto, ..... Ditto, Ditto. __ out-Drum. 143 Cosbmore Ditto, Ditto, ditto, . • 13 Aug.1864, Ditto. _ Coshbride. 144 Ditto, Ditto, To be abated as injurious to navigation, . 15 Aug. 1864. Ditto. __ 145 Ditto, Ditto, Ditto, ...... 16 Aug. 1864, Ditto. 146 Decies-with- Ditto, To bo abated, as erected without the title re- Ditto, Ditio. in-Drum. quired by 5 & 6 V ie., c. 106. 147 Coslimore & Ditto, To be abated, as injurious to navigation, Ditto, Ditto. Coshbride. 148 Decies-with- Ditto, To be abated by consent of Lord Huntingdon Ditto, Ditto. in-Drum. 149 Ditto, Ditto, Ditto, ..... Ditto, Ditto, be as to navigation, Ditto. 150 Coslimore & I 0 abated, injurious Ditto, Ditto. Coshbride. 151 Ditto, Ditto, Ditto, • • • . . Ditto, Ditto, To be abated by consent, Ditto. — 152 Ditto, Ditto, Ditto. 153 Decies-with- Ditto, To be abated, as injurious to navigation, . 17 Aug. 1864 Ditto. in-Drum. To be abated, as erected without the title re­ 154 Ditto, Ditto, Ditto, Appeal, . Sent hack without a de­ quired by 5 & 6 Vic., c. 106. cision, for Commission- ers to inquire into the injury to navigation, pursuant to reservation by them, and liberty given to appellant to give further evidence.— Sec 273. To be abated so far as it extends beyond low- 155 Ditto, Ditto, Ditto, Ditto, Judgment affirmed.— wat er-mark; legally erected as regards 1 he rest See 275 To be abated, as erected without the title re­ 156 Decics-with­ Ditto, Ditto, No appeal. in Drum. quired by 5 & 6 Vic. c. 106. Ditto,...... 157 Coshmore & Ditto, Ditto, Ditto. — Coshbride. Ditto,...... 158 Decies-with- Ditto, Ditto, Ditto. — in-Drum. Ditto, ..... 159 Ditto, Ditto, Ditto, Appeal, . Decision affirmed, but case sent back at appel­ lant’s request, to enable him to make a case which he disclaimed at the Ditto, ...... first trial.—See 274. 160 Ditto, Ditto, D’tto. To be abated, not erected in 1862, . No appeal. 161 Coslimore & Ditto, Ditto, Ditto. Coshbride. To be abated, as injurious to navigation 162 Ditto, Ditto, Ditto, Ditto. 163 Ditto, Ditto, Ditto,...... Ditto, — Ditto,...... 1 Htto. 164 Ditto, Ditto, Ditto, Ditto. 165 Ditto, Ditto, Ditto,...... Ditto, . 1 Jitto. _ 166 Ditto, Ditto, . Ditto, ...... Ditto, Ditto. _ 167 Ditto, D'tto, Ditto, ...... Ditto, Ditto. 16) tS'io, Ditto, Ditto, ..... Ditto, Ditto. 169 Ditto, Dilto, Ditto, ..... Ditto, Ditto. 170 Ct 0, Ditto, Ditto, • • . . . Ditto, Dilto. _ 171 Ditto, Ditto, Ditto,...... Ditio, Ditto. _ 172 Ditto, Ditto, Ditto,...... Ditto, Ditto. _ 173 Ditto, Ditto, Ditto,...... Ditto, Ditto. _ 174 Ditto, Ditto, Ditto...... Ditto, Ditto. _ 175 Ditto, Ditto, Ditto, ...... Ditto, Ditto. _ •76 Decies-with- Ditto, To be abated, as erectc.l x ithout the title re- Ditto, Ditto. __ in-Drum. quirtd by 5 & 6 A ie., c. 106. 177 Ditto, Ditto, Ditto, ...... Ditto, Ditto. _ 178 ' ’ ’ ■ «iny, Kerry. Ditto,...... 22 Aug. 1864, Ditto. — 179 i'itto, Ditto, Ditto,...... Ditto, Ditto. _ _ 180 Iveragh, Ditto, D't',...... Ditto, 1 )itto. _ 181 Ditto, I >itto, Ditto, ...... Ditto, Ditto. 182 Ditto, Ditto, Ditto...... 23 Aug. 1861, Appeal. . Appeal withdrawn. 183 Ditto, Ditto, To be ab: tol: not erected in l.ifi’J,. Ditto. No appeal. — 184 Ditto. Ditto, 1 0 be abate;! : w’.h'n 3 i.t! s of mouth of lunv Ditto, Ditto. —— 1 River. 185 Dunkci run S. 1 ■■■ to, Legally ert cted...... Dilto. Ditto. — .186 1 Fcrrard, Louth, 1" b<> abated, as erected without the title re- 26 Aug. 1864. Ditto. — quired by 5 & 6 Vic., c. 106. 187 Ditto, Ditto, Ditto,...... Ditto, Ditto. — 30 APPENDIX TO THE REPORT OF THE

Appendix, Result of Inquiries held by the Special Commissioners for Irish Fisheries, into the No. 1. ____ I Description Name of Person Name of Owner of Fixed Net, Name of No. Where Fixed Net situated. of maintaining and using Townland to which Parish. Fixed Net. Fixed Net. or of Land to which Net attached. Net attached.

188 Sea olf Coast of co. Louth, Bag-Net, T. Kirk, . A. Godlcy, Clogher, . Clogher, 189 Ditto, .... Ditto, . Jane S. Newcomen, . Arthur Newcomen, . Callvstown, Ditto, . 190 Ditto, .... Ditto, . Ditto, Ditto, Ditto, Ditto, . 191 Ditto, .... Ditto, . E. Jones, Sir A. Bellingham, . Dummy, . Dunany, 1 192 Ditto, .... Ditto, . John Jones, Ditto, Drahanstown, . Ditto, . 193 Ditto, .... Ditto, . T. Kirk, . A. Godlcy, Clogher, . Clogher, 194 Ditto, .... Head Weir, . J. M'Keon, Sir A. Bellingham, . Castlebellingham, Gernonstown, 195 Sea off Coast of co. Antrim, . Bag-Net, . Charles Black, . Lord Antrim. . Portrush, . Dunluce, 196 Ditto, .... Ditto, . Ditto, Ditto, Ditto, Ditto, . 197 Ditto, . . . . Ditto, . Ditto, Ditto, Ditto,' Ditto, . 198 Ditto, .... Ditto, . Ditto, Ditto, Ditto, Ditto, . 199 Ditto, .... Ditto, . Ditto, Ditto, Ditto, Ditto, . 200 Ditto, .... Ditto. . Ditto, Ditto, Ditto, Ditto, . 201 Ditto, .... Ditto, . Ditto, Ditto, Ditto, Ditto, . 202 Ditto, .... Ditto, . John Rcancy, . Ditto, Torr, Culleightrin, . 203 Ditto, .... Ditto, . N. D. Crommelliu, . Ditto, Ballyteerim, Ditto, . 204 Ditto, .... Ditto, . A. M’Keegan, . Ditto, Glebe, . Layd, 205 Ditto, .... Ditto. . Lord Antrim, . Ditto, Cnrnlough, Ardclinis, 206 Ditto, .... Ditto, . Ditto, Ditto, Townparks, Glenarm, '1 ickmacrevan, 207 Ditto, .... Ditto, . J. MTntosh, H. II. M'Neilc, Redbay, . Layd, 208 Ditto, .... Ditto. . A. M‘Keegan, . Charles Black, Moneyvcrt, Ditto, . 209 Ditto, .... Ditto, . Thomas Tait, . A. Boyd, Ballycastle, Ramoan, 210 Ditto, .... Ditto, . Ditto, Ditto, Ditto, Ditto, . 211 Ditto. .... Ditto, . J. M‘Gildowney, J. M'Gildownev, Clarepark, Ditto, . 212 Ditto, .... Ditto, . A. M'Quiikin,. J. K. Tenant, . Cregganbcy, Ditto, . 213 Ditto, .... Ditto, . S. Woodside, . Ditto, Ditto, Ditto, . 214 Ditto, .... Ditto, . II. Dickson, G. E. Fullerton, Carrick-a-redc Island, Ballintoy, 215 Ditto, .... Ditto. . II. Kellv, Ditto, Larry bane, Ditto, . 216 Ditto, .... Ditto, . R. Stewart, Sir E. M'Naghten, . Portbradden, Ditto, . 217 Ditto, .... Ditto, . Ditto, J. E. Leslie, . 1 cmplastragh, . Ditto, . Carrysherkin, . Ditto, . 218 Ditto, .... Ditto, . J. M‘Alister, . E. M'Ncile, . F. Mills, . J. C. Anderson, Portmoon - Fcigli Dunscvcrick, . 219 Ditto, .... Ditto, . Mountain. Ditto, Ditto, . Ditto. . Ditto, Ditto, 220 Ditto, .... Sir E. M‘Naghtcn, . Ardihannon, Billy, . 221 Ditto, .... Ditto. . W. Gregg, Ditto. Ditto, Bushfoot, Dunluce, 222 Ditto, .... Ditto, . East Ballygeelagh, . Ballyaghran, . Ditto, . II. O’Neill. . A. Shuklhani and 223 Sea. off Coast of co. Londonderry Hon. Mrs. Campbell. Frcehall, . Dunbogh, 224 Ditto, .... Ditto, . J. M'Keenan, . Sir 11. II. Bruce, Rev. S. Montgomery, Glenagiveney, . Lower Moville 225 Sea off Coast of co. Donegal, . Ditto, . C. McKinney, . Ditto, . Ditto, J. S. Nicholson, Mossy Glen, Ditto, . 226 Ditto. ...» Ballynagaragh, Ditto, . 227 Ditto Ditto, . Ditto, Anne Kean, Ditto, . Ditto, E. M'Clelland, Bullychairy, Ditto, . 228 Ditto, .... Tirmacronagb, . Culdaff, . 229 Ditto, . Ditto, . B. Slieffry, J. S. Nicholson, Ditto, . A. Maddison, . R. C. Stewart, Horn Head, Clondahorky . 230 Ditto, . . . . Ballymaclary, . Mngiiligan, . 231 Sea off Coast of co. Londonderry Ditto, . R. Stewart, Sir II. II. Bruce,

Ditto, . 232 Ditto, .... Ditto. . Ditto, Ditto, Doaghs, . Gransha, . Glendermott, . 233 Lough Foyle, Stake-Net, R. Allen, Irish Society, . Ditto, Ditto, Ditto, 234 Ditto, . Ditto, . Ditto, Ditto, Ditto, . Ditto, Ditto, Ditto, Ditto, .... Ballvnasballo: e, Templcmore, . 236 Ditto, .... Ditto, . Ditto, Ditto, Ditto, Ditto, 237 Ditto, .... Ditto, . ' . Ditto, Culniore, Ditto, Ditto, . Ditto, Ditto, . • 238 Ditto, .... Culmore Level. Ditto, 239 Ditto, . Ditto, Ditto, Ditto, .... Ditto, Lower Camysey, Faughanvale, . 240 Ditto, .... Ditto, . Ditto. Glendermott, . Ditto, . Ditto, Ditto, Coolkeeragb, . 241 Ditto, .... Ditto, Ditto,' Ditto, 2-12 Ditto, .... Ditto, . Ditto, Culmore, Ditto, Ditto, Ctilmore, . 243 Ditto, .... Ditto, . Innismacsaint, 244 River Erne. .... Ditto, . Alicia Sheil, Thomas Connolly, Fenner, . Bag-Net, William Petrie, Ormsby Jones, Strecd:.h, 215 Sea off (.'oast of co. Sligo, Carrow'hubback, Kilglass, 246 Ditto, .... Ditto, . William Little, R. Orme,

Lackan, Ditto, . M. Flvnn, Colonel Knox. . Castletown or Lackan, 247 Sea off Coast of co. Mavo. . Ballinlena, 246 Ditto, . . . • Ditto, . William Little, Rev. J. M'Naughten, Kncummin, Ditto. . Ditto, Rev. C. L. 1 iiomas, Ballygarry, Ditto, . 249 Ditto. .... Portd;ine, 250 Shannon River, Stake-?.’ ct. II. 3. O’Brien, II. S. O’Brien, bilhntinan,

251 Banfrv Bav, Glengariffc flr.r.. Bn g-Nct, Lord Bantry, . Lord Bantry. • Hcoiiteersp.'lder. Kiicaskin * J Ditto, .... Ditto, . Ditto, Ditto, Ditto, Ditto, . 253 Ditto, .... Ditto. . Ditto, Ditto, Ditto, 1 )itto, . i 254 Bantry Bay, Adrigole Harbour, Ditto, . Ditto, Ditto, Adrigole, . Ditto, . f William Pike, . . L 255 Sea off co. Mayo, . Ditto. . Alexander Hector, . VLJlbcg, Achill, .

256 Ditto, .... Ditto. . Ditto, Ditto, Ditto, Ditto, . Sea off Achill Island, Ditto, . Ditto, M. M. Blacker, . i 1 Ceem Net, Ditto, . J 1 SPECIAL COMMISSIONERS FOR IRISH FISHERIES. 31

Legality or Illegality of Fixed Nets erected or used for catching Salmon in Ireland—continued. Appendix, No. 1. Date Whether Judgment of Result of Appeal in No. Barony. County. J udgmcnt of Commissioners. of Commissioners Appealed Court of Judgment. against. Queen's Bench.

188 ?errard, Louth, i’o be abated, as erected with'nt the title re- !6 Aug. 1864. No appeal. __ quired bv 5 6 Vic., c. 186. .189 Ditto, Ditto, Ditto, ...... Ditto. Ditto. —— 190 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 191 Ditto, Ditto, Ditto, ...... Ditto. Ditto. — 192 Ditto, Ditto, . I Legallv erected, ...... Ditto, Ditto. — 193 Ditto, Ditto, I’o be abated, as erected without the title re- 27 Aug. 1864, Ditto. ■ - quired bv 5 tv 6 Vic., c. 1U6. 194 Ditto, Ditto, Legally erected, ...... Ditto. 1litto. — 195 Lr. Dunluce, Antrim, Ditto,...... 29 Aug. 1864, Ditto. — 19G Ditto, Ditto, Ditto,...... Ditto, Ditto. _ 197 Ditto, Ditto, Ditto, .... J litto, Ditto. — 198 Ditto, Ditto, Ditto...... Ditto, Ditto. — 199 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 200 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 201 Ditto, Ditto, To be abated ; injurious to navigation, Ditto, Ditto. — •202 Carey, Ditto, Legallv erect’d, ...... ”.0 Aug. 1864. Ditto. __ ‘203 Ditto, Ditto, To be abated; within 3 miles of mouth of Cushen- Ditto, Ditto. — dun River. 204 Lr. Glenarm, Ditto, Ditto, ...... Ditto, Ditto. — 205 Ditto, Ditto, Ditto, ditto Glenarm River, Ditto, Appeal. . Judgment reversed. 206 Ditto, Ditto, Ditto; in Estuary of Glenarm River, Ditto, .Ditto, Judgment afiirmed. 207 Ditto, Ditto, Ditto ; within 3 miles of mouths of Cushen- Ditto. No appeal. __ dall and Glenarriu’e Rivers. 208 Ditto, Ditto, Ditto, .... Ditto. Ditto. _ 209 Carey, Ditto, Ditto; within 3 miles of Ballycastle River, Ditto, . Ditto. —

210 Ditto, Ditto, Ditto, ..... Ditto, Ditto. _ 211 Ditto, Ditto, Ditto, ... Ditto, Ditto. _ 212 Ditto, Ditto, Ditto, Ditto, Ditto. __ 213 Ditto, Ditto, Ditto, ...... Ditto, Ditto. — 214 Ditto, Ditto, Legally erected, Ditto, Ditto. 215 Ditto, Ditto, Ditto, ... Ditto, __ 216 Ditto, Ditto, Ditto, ...... Ditto; Ditto, Ditto, Ditto. — 217 To be abated, as erected without the title re- Ditto, . Ditto. quired by 5 & 6 5 ic., c. 1U6. 218 Ditto, Ditto, Ditto. Ditto, 219 Ditto, Ditto, Legally erected, Ditto. Ditto, Ditto. — 220 Ditto, Ditto, Ditto, ...... Ditto, Ditto, Ditto. 221 Ditto, To be abated; within Estuary of Bush River, . Ditto, Appeal, . Judgment afiirmed. 222 Lr. Dunluce, Ditto, Ditto, Ditto, Ditto. Coleraine, . Ditto, 223 Londonderry, Legally erected, ..... 31 Aug. 1864, No appeal. 224 Ditto, Ditto, To be abated; within three miles of mouth of Ditto, Ditto. Bann River. Innishowen, Donegal, To be abated, as erected without the title re- 3 Sept. 1864, Ditto. quired by 5 6c 6 5 ic., c. 106. 226 Ditto, Ditto, Ditto, Ditto, __ Ditto, Ditto, Ditto, 227 Ditto, Ditto. — 228 Ditto, Ditto, Dir. >...... Ditto. 229 Ditto, Ditto, 1 'iuto, .... 1 >i to, __ 230 Kihnacrenan. Ditto, Ditto...... Ditto, __ 231 Keenaght, . Londonderry Ditto, .... 5 Sept.' 1864 Appeal, . Sent back on motion be- fore hearing of appeal, • to enable the owner to make a case abandoned at first trial.—See No. •271. 232 Ditto, Ditto, Tobe abated; within Estuary cfFcvlc River Ditto, No appeal. _ 233 Tirkeeran, . Ditto, Legally erected, — 234 Ditto, Ditto, Ditto, ..... _ . Ditto. — Ditto, Ditto, Ditto, ...... — Ditto. 236 City&Libertie- Ditto, To be abated ; injurious to navi . ’ , Ditto. 237 Ditto, Ditto, Ditto,...... __ Ditto. — 238 Ditto, Ditto, Ditto,...... _ Ditto. — 239 Ditto, Ditto. Ditto...... _ 1 litto. __ 240 '1 irkeeran, . Ditto, Ditto,...... Ditto. — 241 Ditto, Ditto, Ditto, .... Ditto. __ 212 1 )itto, 1 >itto, Ditto, ..... Ditto. _ - 243 Ditto, I )itto. Ditto, Ditto. 214 Tyrhuih, Donegal, Lc . ’y elected, . 8 S nt. 13’1-4 Ditto. — 245 Carburv, Sligo, See No. 270. __ — 246 Tireragh, . Ditto, To b bated on ct< 1 w th ut th title r 10Sc’t.l8G4 ,! Appeal, . Sent back in consequcnc quired by 5 N • • i*.. f. i‘<\ 251 Bere, Cork.. M-v. 1867 252 Ditto, Ditto, Ditto, ...... r.; . 1 2)3 Ditto, Ditto, Ditto, ...... 1 «i to. __ 251 Ditto, j Ditto, Abandoned, Ditto. —. —

255 Burrishoole, Mayo, . To be abated, as erected without the title re 12 Jul v, 1865 No appeal. — quired bv 5 & 6 \ ic., c. 166. 25' Ditto, Ditto, Ditto. .... Ditto, Ditto. — 257 Ditto, Ditto, . Postponed for further evidence, 1 Ditto, Ditto. 1 32 APPENDIX TO THE REPORT OF THE

Appendix, NO; 1. Result of Inquiries held by the Special Commissioners for Irish Fisheries, into the ------4------Name Description Name of Person of Owner Name of No. Where Fixed Net situated. of maintaining and using of Fixed Net, Townland to which Parish. Fixed Net. Fixed Net. or of Land to which Net attached. ! Net attached.

258 Sea off Achill Island, Bag-Net, Alexander Hector, . C. Baycott, Gupresheen, Achill, . 259 Ditto. .... Ditto, . Ditto, Ditto, AVest Net, Ditto, . 260 Ditto, .... Ditto,. Ditto, Trustees Achill Mission, Keel, Ditto, . 261 'Waterford Harbour, Stake-Net, A. N. O’Neill, . A. N. O'Neill,. AA'oodstown, Crooke, 262 Ditto, .... Ditto, . Ditto, Ditto, Knockaveelish, Ditto, .

2G3 River Suir, King’s Channel, . Ditto, . A. N. O'Neill and A. N. O'Neill and Knockboy, Ballygower, . Mary O'Neill. Alary O’Neill. 264 Ditto...... Ditto, . Ditto, Ditto, Ditto, Ditto, . 265 River Shannon, Ditto, . Jn. Jameson & others, Knight of Glin, Caheragh, Kilfergus, 2G6 Ditto, .... Ditto, . R. W. C. Reeves, R. W. C. Reeves, Burranc, Lower, • Killimor, 267 Lower Bunratty, . Head Weir, . Thomas Studdart, Thomas Studdart, Bunratty, Bunratty, 268 Sea. oil the Coast of co. Sligo, Bag Net, William Petrie, Lady Palmerston and Alullaghmore, . Ahamlish, Hon. AV. Cowper. 26.9 Killala Bay, .... Ditto,. William Little, R. Orme, Carrowhubback, Kilglass, 2/0 Sea off Coast of co. Sligo, Ditto, . AVilliam Petrie, O. Jones, Streedagh, Ahamlish, 271 Sea off Coastof co. Londonderry, Ditto, . Sir II. Bruce, . Sir 11. Bruce, . Bally mac lary, . Alagilligan,

272 Sea off co. Sligo, Bag Net, Lady Palmerston and — Mullaghmore, . Ahamlish, Hon. W. Cowper. 2/ 3 River Blackwater, Stake-Net, E. M‘Sweeny, . — Stael, Teraplemichaal, 274 Ditto, .... Ditto, . William Collins, J. Hargrave, Dromorc, . Aglish, . 275 Ditto, .... Ditto, . John Neil and AAr. Rev. G. Gumbleton, Scart, Kilcockan, Hennessey. 276 River Barrow, otherwise Nore Head W eir, . Al. AV. Knox, . Al. AV. Knox, . Kilmannock, Kilniokea, and Barrow conjoined. 277 Sea off co. Donegal, Bag N et, George Y oung, — Carthage, Culdaff, .

Note.—In addition to the foregoing there were 22 other cases called on, but it was shown that they comprised weirs, com­ monly called Sprat weirs, which were not used forthe capture of salmon, and were therefore not within the jurisdic­ tion of the Commissioners, ...... 5 And Bag-Nets ordered to be removed as being within estuaries of rivers, ...... 17

Total number of Trials, . 299 Appendix n

Result of Inquiries held by the Special Commissioners for Irish Fisheries into t>

No. Where Fishing Weir situated. In what River situated Name of Owner of Fishing Weir. County.

1 I Lax Weir, .... Shannon,. illiam Malcolmson and Joseph Robinson, Limerick and Clare,. 2 ; Woodhouse,- .... 'lay, R. Beresford, ...... Waterford, 1 - | Coolnamuck, . • • • Suir, Marquis of Waterford, . Ditto, I Inn stiogue, . W . !•. I ighe, ..... Kilkenny, Nore, IL Greene, Rock view, . • • • |Nor<< • • ■ Maurice Carroll, ()• Dysart, ...... I’, li. Hunt, Jerpoint, . 7 Boyne, II. B. Coddington, .... I Louth and Meath, 8 Oldbridge, . • • • ’ Boyne, C. W. Osborne, .... Rosnaree, . • • ‘ ‘ J Meath, 9 Boyne, G. W. Maunscll, •....' Ditto, New Grange, • • • ' ' 10 Blackwater, Duke of Devonshire, Waterford, 11 1 Lee, • • • Ditto, Cork, 12 Weir above Wellington Bnog , Lee, I) Hail, . . ‘ - • 13 Upper Gill Abbey, • Lee, W. Lane,...... ‘ ; Ditto, 11 Hayes’s Weir, . Lee, \\. L. Perrier, Ditto, 15 ■Sugar-house Weir, . (’urrane, . James Butler, ... Kerry, k; Waterville, . • • ’ (•■, •ah. • 51. J. Foley and others, ... Ditto, 17 Carral), . . • • ' Corrib, 1'. Ashworth, ...... Galway, . 18 Galway, . . • • ' A. W. Blake, ...... Ditto, Furbo ■ 51. Morris, ...... 19 Furbee, . . • • ' Spiddal, . • Ditto, •20 Spiddal. B.illinahineh, . Law L:fe Assurance Company, Ditto, Mary Anne Little and Andrew Clarke, . * •21 Ballinahincb, . Mov, Vhtvo and Sligo, •>> Ballina, . . Lord Clanmorris, ...... Mayo, Hon. D. Plunket, ...... 'Ditto, Fox ford, ...••' Ass or Erriir, ‘24 Ashleagh, . . ■ • ' W. H> ustoun, . _ . Ditto, Bu lorra ha, • Lord Sligo and Capt. Wyndham, Ditto, 25 Bundorragha, . Burrishoole, ■ 26 Burrishoole South Weir, . Ditto. ditto, .... Ditto, •27 Ditto, North Weir, . John Walshe,...... Ditto, 28 .Munhim, . Ditto...... Ditto, Munlriin, ...... ().’. einnoi e, 29 Goulamore, . . . • William Stacpoole,...... ( It re . 3i) Doonbeg, Ditto, Doonbeg, . . . . • Dunuioi’e Strand, J. C. Scott,...... 31 Dunmore Strand,

Captain Martin,...... 1 •Siigo. 32 Sligo,...... -'ligo, J Dickson. 1 h nvj;; 1 and Leitrim, 33 R...... Bundrowes,...... lundrowes, William Sinclair, ...... i JoiitL.;1!. 34 Inver,...... n ver, Lord Arrai...... Ditto, Eske, ko, Sir E. W. 51‘Naghten and Charles Douglas, 3d Bu h, ...... Antrim, . Donegal, . Rathmelton, .... .eenane, . . • Sir James Stewart, ...... 33 Lackagb, . .ackaghj . A. J R. Stewart,...... Ditto, . . 39 Gweebarra, . . . . . (jrweebarra, Marquis ol Conyngham,...... Ditto, 40 Owenea, ... Dwenea, . Ditto, ...... Ditto, . . | 41 Killygordon, ..... ?inn, •’ram'is Mansfield,...... Ditto, 42 Buncrana, Juncraua, . . • . Richardson, ...... Ditto, . . 1 43 Ballyshannon, . 'hue, . . . ' Connolly, ...... Ditto, . . j ■14 Coleraine,...... Jann, . . . ’ ’he Irish Society, . Londonderry, . 45 Newport...... Newport, . . . Sir R. A. O'Donnell, bart., Ma . . . j SPECIAL COMMISSIONERS FOR IRISH FISHERIES.

Legality or Illegality of Fixed Nets erected or used for catching Salmon in Ireland—continued. Appendix, No. 1.

Date Whether Judgment of Result of Appeal iu No. Barony. County. Judgment of Commissioners. of Commissioners Appealed Court of Judgment. against. Queen's Benell.

258 Burrishoole, Jlayo, To be abated, as erected without the title re- 12July,1865, No appeal. — quiied 5 6 \ ic., c. 106. ■259 Ditto, Ditto, Ditto, ...... Ditto, Ditto. Ditto, Ditto, Legally erected, ...... Ditto, Ditto. r first suggested at the hearing ■261 Gualtiere, . Waterford,. No Judgment, Set down on report. J 262 Ditto, Ditto, Ditto, . j 261 undecided ; 263 e>tab- Ditto, lished according to report. L —See Nos. 75, 76. Court of second trial. Judgment reversed upon the 263 Ditto, Ditto, Ditto, Ditto. . J point first raised at the first j nearing of the appeal, and established according to re­ 264 Ditto, Ditto, Ditto, Ditto, port.—See Nos. 77, 78, and I p. 6. 265 Shanid, Limerick, . Report made to Court,...... Ditto, Ditto, J udgment according to report. 266 Clonderalaw, Clare, Report that outer pocket and leader were below Ditto, Ditto, Ditto. low water mark. 267 Lr. Bunratty Ditto, Legally erected...... 10 Nov. 1866. No appeal. — 268 Carbury, Sligo, Legally erected,...... 14 Nov. 1866. Ditto. — 269 Tirerach, . Ditto, Report made to Court, ..... No Judgment. — 270 Carbury, Ditto, Legally erected, ...... 14 Nov. 1866, No appeal. _ 271 Keenaght, . Londonderry, Report made to the Court, .... 2U Nov. 1866. Set down on report, . Order reversed upon tho first new case made,and judgment according to report.—See No. 231. 272 Carbury, Sligo,. Illegal. Within three miles of mouth of Duff 15 June,1867. Appeal. Judgment affirmed. 273 Decies-with- Waterford, . Report made to Court...... No Judgment. Appeal pending. — in Drum. 274 Ditto, Ditto, Report made to Court, ..... Ditto. Ditto. — 275 Ditto, Ditto, Legal...... 4 Jan. 1868. No appeal. — 276 Shelburne, . Wexford, . Report to Court. That it is injurious to navi- No Judgment, Set down on report. — gation 25th I1 ebruary, 1858. 277 Innishowen, Donegal, Legal, ...... 6 Mar. 1868. No appeal. —

No. 2. Appendix, the Legality or Illegality of Fishing Weirs used for catching Salmon in Ireland. No. 2.

Date Whether Judgment Judgment of Court No. Judgment of Commissioners. of of Commissioners of Judgment. appealed agamst. Queen’s Bench.

1865. 1 Legal...... 31st March, . Appeal, . . j Special case— not taken up by appellant. 2 Title good; but gap to be opened not less than 6 feet wide, 4th April, No appeal. 3 So much of the weir as lies in Co. W aterford legal—the rest illegal, 4th April, Ditto. — 4 Title good ; spur wall illegal, and removed. Gap 60 feet, 1 6th April, Ditto. — 5 Ditto, ditto, Gap 78 feet, 7th April, Ditto. — 6 Title good ; gap cleared out. Gap 47 feet, ...... 7th April, Ditto. — 7 Title good; gap cleared out and spur wall removed. Gap 66 feet, . 7th April, Ditto. — 8 Title good ; gap opened in centre of Weir of 24 feet, .... 19th April, . Ditto. — 9 Title good ; gap opened of 30 feet, ...... 19th April, . Ditto. — 10 Title good ; gap to be opened of 18 feet, ...... — 1 )itto. — 11 Title good; gap opened 31A feet, ...... 27th June, . Ditto. — 12 Title good. A Fishing Mill-dam, ...... 29th June, Ditto. — 13 Ditto, ditto, ...... 29th June, . Ditto. — 14 Ditto, ditto, ...... 29th June, . Ditto. — 15 Title good ; gap to be opened 11 feet 6 inches, • • • . . 6th January, 1868. — 16 Legal? Additional weekly close season in lieu of opening Queen’s gap, . 3rd July, 1865, Ditto. — 17 Title good; gap opened 16 feet,...... 3rd Julv, Ditto. — 18 Legal. Gap 20 feet 7 inches, ...... lOthJulv, Ditto. 19 Title good ; but gap to be opened of 3 feet, ...... 10th Julv, . Ditto. — 20 Title good ; but gap to be opened of 12 feet, ...... 10th Juiv, Ditto. 21 Title good; gap opened 22 feet, ••...... 10th Julv, . Ditto. *)•) Legal. Gap, 34 feet 2 inches, ...... 12th Julv, . Ditto. — 23 Title good ; gap opened of 29 teet / inches, •••... 12th Julv, . Ditto. — 24 Weir abandoned, • •••••••••• 12th Julv, Ditto. — 25 Ditto, ...... 1 12th Julv, Ditto. — 26 Diito, • • • • • • 12th July, 1 fitto. — ■ ■■ 27 Weir illegal Right of way to be arranged with County Surveyor, . 1 12th Julv, Ditto. — 28 Title gootl Gap to be opened or Weir to be prostrated, Il 2th Julv, . Ditto. — 29 Ditto, ditto, ...... 12th Julv, Ditto. .— 30 Ditto, I 19th May, 1868. — __ 31 Ditto, ....•••••••• 19th Mav, 1868. — — 1366. 32 Fishing Mill-dam, 14th November, No appeal. _ 33 Legal. Gap opened 6 feet 10 inches,...... 16th November, — — 34 J Fishing weir not now in existence,...... I 16th November, — — 35 Ditto, ditto, ...... 16th November, . — — 36 Title good ; gap opened 13 feet,...... 20th N ovember. No appeal. — 37 Ditto. Two gaps opened of 6 feet each...... 23rd November, Ditto. — 38 Gap opened feet. Title and legality of in issue in Court of Common Pleas 23rd Novemlu r. — — 39 Illegal. To be removed...... 23rd November, — — 40 Title good. Gap opened 1 1 feet 6 inches, ..... 23rd November, — — 41 Title good. Gap to be opened 20 feet, ...... 23rd November, No appeal. — 42 Judgment postponed. Gap to be opened 18 feet, .... 23rd November, . — — — 43 1 Fishing Mill-dam, ...... — — 44 Ditto, ...... 1 — — 45 'Title good. Gap to be opened 15 feet 10 inches, .... i 27th February. 136; No appeal. 1 34 APPENDIX TO THE REPORT OE THE

Appendix, No. 3. Appendix, No. 3.

List of Rivers, the Mouths of which have been defined by the Special Commissioners, one hundred and twenty-eight in number.

Section 22 of 5 & 6 Vic., c. 106. enacts “That where the breadth of the mouth or entrance into the sea of any river, the inland “ portion of which is frequented by Salmon, is less than half a mile, statute measure, at low water of spring tides, it shall “ not be lawful for any person whatsoever (save and except the proprietor of a several fishery within the limits thereof) to “place or erect any stake weir or fixed net within one statute mile, seaward, coastwards, or inwards, from or on either “ side of the mouth or entrance of any such river into the sea.”

Section 44 of 13 & 14 Vic., c. 88, enacts “That it shall not be lawful for any person, save and except the owner of a several “fishery within the limits thereof, at any time to shoot, draw, or use any net for taking Salmon at the mouth of any river, “ where the breadth of such mouth between the banks thereof shall not exceed a quarter of a mile statute measure : and “that it shall not be lawful for any person, save such owner as aforesaid, within such limits as aforesaid, to shoot, draw, “or use any net for taking Salmon within half a mile seaward, or half a mile inwards, or along the coast from the mouth “ of any river.”

Section 3 of 26 & 27 Vic., c. 114, enacts “ That no bag net shall be placed or allowed to continue in any river, or the estuary “of any river, as such river or estuary has been defined by the Commissioners of Fisheries, or shall be defined by the “ Commissioners under this Act, or within a distance of less than three statute miles from the mouth of any river, as “ defined.”

District. Name of River. District. Name of River.

Dublin, Liffey. Ballinakill, Ballinaboy. Dodder. Bangor, Glenamoy. Bray. Oweniuore. V artry. Owenduff. Wexford, . Slaney. Owcugarve. Owenavarragh or Cburtown. Burrishoolc. Inch. Newport. Waterford, Suir, Nore, and Barrow. Owenwee or Belclare. | Ban now. Bunowen or Louisburgh. Lismore, . Blackwater. Ballina, Easky. Womanagh. Moy. Cork, I Tramore or Douglas. Cloonaghmore or Palmers town. 1 Lee. Ballingten or Ballycastie. I Owenacurra or Middleton. Sligo, Drumcliff. 1 Owenbeg or Carrigaline. Sligo. j Argideen. Ballisodare. I Bandon. Dunmoran. Skibbereen, Roury. Ballyshannon, Glen or Teelin. Hen. Ballyhadoo or Kilcar. Leamawaddra. Eany-water or Inver. Bantry, Glengariffe. Eske. Coomhola or Snave. Erne. Ouvane or Ballylickey. Drowes or Bundro.ves. Mealagh or Dunnemark. Duff or Bunduff. Adrigole. Oily. Kenmare, . Roughty. Fintragh. Sheen. Bungosteen or Longhead. Finnehy. Letterkenny, Crann or Buncrana. Blackwater. Mill. Cloonee. Leanan or Rathinelton. Owenshagh. Swilly. Crowansbagh. Owenmarve. Sneem. Gweebarra. Killarney,. Currane. Owenea. Inny. Owentockcr. Carragh. Bracky. Laune. Lackagh. Maine. Ray. Ferta or Valencia. Tullaghobegly. Rosbehy. Gleuna. Limerick, . . Shannon. Clady. Cashen. Gweedore. Deel or Askeaton. Londonderry, Foyle. Fergus. Roe. Maigue. Culdaff. Bun ratty. Coleraine, . Bann. Doon beg. Bally castle, Glenarm. Fe< nagh. Glenariffe (Red Bay). Cloliane. Dall or Cusliendall. Galway, . Corrib. Glendun or Cushendun. F urbogh. Margy or Ballycastie. Spiddle. Bush or Bushmills. Screeb. Drogheda, . Boyne. Ballinahincb. Glyde and Dee .or Annagassi n. Cashla. Fane. Invcrmore. Castletown or Dundalk. Owengowla. Piedmont. drumlin. Quoile. Ballinakill, Carrownisky. ' I fundram. Bundorragha. Shimna or Tollymore. Erriff. Annalong. Culfin. Kilkeel. Dawros. White Water. Derry chorraun. Causeway Water. Appendix, No. 4.—Table showing the Close Seasons for Salmon and Trout in the different Districts in Ireland, as fixed by Statute Law, or the Order of the Commissioners4 compiled from the Schedule of Close Seasons, published by the Commissioners of Fisheries, and the 21st sec. of 2G & 27 Vic., c. 114, which requires there shall not be fewer than 16S davs Close Season in each Fishery.

No. and Name of Angling District. Boundary of District. Tidal. Fresh Water. Angling with Cross Lincs. with Single Date of last change. Rod and Lino. .. ( From Howth to Dalkey Island, between 31st July and 16th' ( In all Rivers flowing into the Sea between Howth 15th October and 2nd April. 1. Dill lilt, 'Skerries to Wicklow. < January. (► < and DalkeyIsland, 1 etwecn3lst Julvand IstFeb. > 10th Dec 1861 For remainder of 1 listrict, between the 31st Aug. and 16th Feb-J (1< or remainder of Dist.betwecn 31 st A ug. & 1 st Mar. 28th September and 16th March. Cahore Point and Kiln Bay, between lath Sept, and 1st f Between | Between Kiln Bayand CahorePoint,between 15th" April; )ut fixed nets between u 1st Aug. and 1st April, and for J September and 1st April. 28th September and 1st April. 1 2. W exford, . -| remainder 01 uistrict, Bannow Bay. ■ And lor remainder of District, between 28th Sep- |28th Fgb. 1862. 1 Between 28th September and 16th March, (but fixed Nets l tember and 16th March. 28th September and 16th March. between 15th September and 3rd March.) 31st August and 1st March, save for Electoral Divi-' SPECIAL sion A, and for fixed nets; for Electoral Division 26th Dec. J1.G7. 3. Wat erford, Kiln Bay to Helvick Head. -j A, 31st August and IGth February, save for fixed „ 31st August and 1st March. 28th September and 16th March. nets ; for fixed nets loth August and 1st March. 4. Lismore, Ildvick Head to Ballycotton. 15th September and 3rd March. „ 15th September and 3rd March. 9th October and 27th March. 30th Dec. 1858 15th Sept, and 3rd March, for Electoral Division A ) [ Between 15th Sept, and 1st April, for Electoral Di­ (between Ballycotton and Barry’s Head, East of > vision C. 9th October and 27th March. 22nd June, 1859. Oyster Haven). J

5. Corl:, Ballycotton to Galley Head. 5 5, 31st August and 1st March, for Electoral Division BI i Between 31st August and 1st April, for Electoral COMMISSIONERS (between Barry’s Head, East of Oyster Haven, > Division D. 15th October and 2nd April. 22nd June, 1859. and Galiev Head). J 6!. Skibbereen, Galley Head to Mizen Head. loth September and 1st April. Between 15th September and 1st April. 15th October and 2nd April. 7ih Feb. 1856. G-. Bantry, .Mizen Head to Crow Head. Do. do. >» Do. do. Do. do. 63, Kenmare, . Crow Head to Lamb Head. 33 Do. do. „ Do. do. Do. do. Betw’een 31st July and 18th January, save Rivers' 33 31st July and 16th January, save Rivers Maine and^ Inny, and Tributaries. Maine and Tributaries, and Inny, and save also 15th September and 3rd March. Currano Lake, down to old bridge at Waterville. •o 7. Killarney, . 4 Lamb Head to Dunmore Head, For River Maine and its Tributaries, and River 3 including the Blaskets. , For River Maine, to its mouth, and Tributaries, and River Inny, above Ferry House, between 15th Septem- 28th September and 1st May. - IGth Sept. 18G2. Inny, above Ferry House, between 15th September and 1st- her and 1st May. £

May. Currano Lake and Tributaries, down to old bridge 1/2 at Waterville, 31st July and 1st April. 15th September and 1st April. r—<

Between 20th July and 12th February; but fixed engines be­ Between 20th July and 12th February; but for tween 6th July and 12th February; but between Kerry Electoral-Divisions C and 1), 12th August and 1st FOR May; and Rivers between Kerry Head and Dun­ See below for Limerick.* Head and Dunmore Head, 15th September and 1st April, p8 8. Limerick, . Dunmore to Hags Head. save Rivers Cashen, Feale, and Geale, and their Tributaries. more Head, 15th Sept, and 1st April,save Rivers S 27th Mar. 1862. I Cashen, Feale, and Geale, and their Tributaries. o

For Rivers Cashen, Fealc and Geale and their Tributaries, For Rivers Feale, Geale, and Cashen, 12th August IRISH between J 2th August and 1st May. * r and 1st May. f “ Limerick, sec below.* VJ !>. Galway, Hags Head to Slyne Head. Between 1.9th August and 16th February. Between 19th August and Kith February. 28th September and 16th March. " Gth Jan. 1863. ID1. Ballinakill, Slyne Head to Pigeon Point. y, 31st August and 16th February. „ 31st August and 1st March. Do. do. 10'-. Bangor, Pigeon Point to Benwee Head. 33 Do. do. ,, Do. do. Do. do. 14th July, 1849.

19th August and 4th February for

11. Ballina, Benwee to Coonamore, 33 19 th August and 4th February. „ 19th August and 4th February. Salmon; 28th September and 16th FISHERIES. Alarch for Trout. 19th August and 4th February, save Sligo River, which f „ 19th August and 4th February,save Sligo 28th September and 16th March; and A 11th Dec. 1867. 12. Sligo, Coonamore to Mullaghmore. j 33 is 31st July and 16th January. River, which is 31st July and 16th< for Drumcliffe River and Glencar y 2nd Sept. 1857. January. Lake, 15th October and 2nd April. ) 23rd Aug. 1861. Between 19th Aug. and 3rd March for Sal- mon ; but between 28th Sept, ami 16th Marcli for Trout; and for River Inver, 27th Aug. 1858. ] 3. Ballyshannon, Mullaghmore to Rossan. between 28th Sept, and 16th March ; and 33 19th August and 4th February. 19th August and 4th February. ail rivers running into the sea between - 17th Apr., I860. Rossan Point and Muckross Point, bo-

tween 28th Sept, and )6th March; and 24 th Nov. 1800. for River Bundrowes and Lough Melvin, between 15th Sept, and 3rd March. 14. Letterkenny, Rossan to Malin Head. 33 19th August and 4th Feb., and one mile above Tideway, ,, 19th August and 1st March. 28th September and 16th March. 2nd Sept. 1857. 31st August and 15th April. 15*. Londonderry, Malin to Downhill Boundary. 33 „ 31st August and 15th April. 28th September and loth April. 27th Jan. 18G2 15a. Coleraine, . Downhill Boundary to Portrusli. 33 19th August and 4th February’. „ 19th August and 1st March. 28th September and Kith March. | 15th Dec. 1856.' Do. do. VC 16. Ballycastle, Portrush to Donaghadeo. f) ,, Do. do. 28th September and 16th March. 15th Dec. 1856. f 19th August and 12th February, from Skerries to' „ 19th August and 12th Feb. from Skerries'! 1 Round Tower at Dromiskin, north of Castlebelling- 17. Drogheda, Donaghadeo to Skerries. - to Round Tower at Dromiskin, north of Castle- ham ; but between 19th August and 1st April, from bellingham; but between 19th Aug. and 1 st April, 28th September and 1 6 th March. 2Gth Dec. 1867. L Round Tower at Dromiskin to Donaghadee. from Round Tower at Dromiskin to Donaghadee. _ 35 • All rivers flowing into the sea between Kerry Head and Hags Head, save Feale, Geale and Cashen, L5th Sept, and 3rd March ; Fealc, Geale, and Cashen, and tributaries, 15th Oct. and 1st May ; and all rivers between Kerry Head and Dunmore Head 15th Oct to 2nd Anrtl t Sdle ' F^mgby °n’ “ h01™" 2‘8t “n<1 JUly’ OtUM Lim°ri°k bctWCCn 3*St DcCOmW a,“l 1>9tJul^ in’>Car Note.—By the 35th section of the 5th & 6th Vic., c. 106, the Close Season foi any District cannot be changed until after .the expiration of three years from tlio commencement of last change. Note.—The 21st section of the 26th & 27th Vie., c.l 14, requires tlwro shal not be fewer than 168 days Close Season in each Fishery; and section 23 of same Act fixes tho Open Season for angling with Single Rod and Lino from 1st February to 1st November WEttKUY Cuts.; SEASQ.-By the 20th section of the 2t,th * 27th Vic., e. 1 id, no Salmon or Trout shall be fished for or taken in anyway, except by Single Rod and Lino, liotween six of Unlock on Sunday morning andshoi'll 36 APPENDIX TO THE REPORT OF THE

Appendix, Appendix, Nos. 5 & 6. Schedule of Licence Duties payable in each District

6. Trammel Nets 1. Salmon 2. Cross 3. Snap 4. Draft 5. Drift 7. Polo District. Bods. Lines. Nets. or Draft Nets. Nets. Nets. Nets for Pollen.

£ s. d. £ 8. d. £ s. d. £ s. d. £ s. d. 2- s. d. £ 8. d. 1. Dublin, ..... 0 10 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 2. Wexford, ..... 0 10 0 10 0 0 15 0 2 0 0 1 10 0 0 15 0 10 0 3. Waterford, .... 0 10 0 2 0 0 1 10 0 3 0 t) 3 0 0 1 10 0 2 0 0 4. Lismore, ..... 1 0 0 2 0 0 1 IO 0 3 0 O 3 0 0 1 10 0 2 0 0 5. Cork, ..... 0 10 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 GLSkibbereen, .... 0 10 0 1 0 0 0 15 0 1 10 0 1 10 0 0 15 0 1 0 0 62. Bantry, ..... 0 10 0 1 0 0 0 15 0 2 0 0 1 10 0 0 15 0 1 0 0 63.Kenmare, .... 0 10 0 1 0 0 0 15 0 1 10 0 1 10 0 0 15 0 10 0 7. Killarney, .... 0 10 0 2 0 0 1 0 0 3 0 0 3 0 0 0 15 0 1 0 0 8. Limerick, .... 1 0 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 9. Galway, ..... 1 0 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 O’ 2 0 0 lOLBallynakill, .... 1 0 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 102. Bangor, ..... 10 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 11. Ballina, ..... 1 0 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 12. Sligo, ..... 1 0 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 13. Ballyshannon, .... 10 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 14. Letterkenny, .... 0 10 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 15*. Londonderry, .... 0 10 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 J 52. Coleraine, .... 1 0 0 2 0 0 0 15 0 3 0 0 1 10 0 Trammel Nets, 2 0 0 1 0 0 JO. Ballycastle, .... 0 10 0 2 0 0 1 10 0 3 0 0 3 0 0 1 10 0 2 0 0 17. Drogheda, .... 0 10 0 2 0 0 0 15 0 3 0 0 1 10 0 0 15 0 1 0 0

/. Appendix, Schedule of Licence Duties received by the Boards of

Number and Description of Licences sold in 1860. 1866. 1866. 1866. 1866. Total Ave­ &c. &c. Amount Percentage Nets, Amount rage Nets

District.

of on Rods.

received No.

Nets Weirs. Licence Poor Law Lines. Nets. Nets. Nets, Nets.

Crib, em­

Eye, for Licence

Nets. Pollen.

Nets.

Duty. Valuation.

Nets. ployed.

Duties. Draft

for Head or Sweepers. Loop Gap, Coghills. Snap Draft Drift Box, Fly Stake Salmon Cross Polo Bag Trammel

1. 6. 8. 9. 5. 7. 4. 2. 3. 10. 11. 12. 13. 14. 16. 15.

1

£ s. d. £ s. d. £ 8. cl. 1. Dublin, 425 - 26 290 10 0 — 290 10 0 581 2. Wexford, 99 - 55 - 1 - 160 5 0 — 160 5 0 431 3. Waterford, 57 27 326 23 82 - - - - - 1 3 17 - - - 962 6 8 — 962 6 8 2,000 4. Lismore, 398 36 47 2 27 - - 1 2 ------498 10 0 40 0 0 538 10 0 817 5. Cork, . 398 6 - 51 - - - 1 ------374 0 (l — 374 0 0 720 6*. Skibbereen, . 32 - - 10 ------31 0 0 — 31 0 0 92 - O2. Bantry, 6 - - 10 4 ------32 10 0 32 10 0 86 03. Kenmare, 35 — - 7 - 1 - - - - - 7 - - 59 0 0 59 0 0 123 | 68 7. Killarney, 142 7 - - — - - - - - 2 - - - - 309 0 0 — 309 0 0 566

8. Limerick, 455 43 37 128 47 - 28 - 16 ] 10 145 - - - 1,681 0 0 — 1,681 0 0 2,135 9. Galway, . 112 7 12 - 4 - - - 8 19 - - 267 0 0 69 10 0 336 10 0 218 lO’.Ballynakill, . 49 - 14 - - 2 - - . ------95 0 0 95 0 0 139 102. Bangor, 32 - - 19 ------89 0 () 89 0 0 146 11. Ballina, 77 - - 17 9 ------7 13 - - - 238 0 0 — 238 0 0 254 12. Sligo, . 33 - 21 ------10 - - 115 0 0 — 115 0 0 181 13. Ballyshannon, 65 6 - 31 - - 3 - - 1 4 - - 25 - 280 0 0. 80 0 0 360 0 0 321 14. Letterkenny,. 39 - - 14 J - - - - 3 - - - 9 113 5 0 — 113 5 0 139 lOl.Londonderry, 95 6 - 34 - 2 3 - 3 ------285 10 0 — 285 10 0 341 498 15 ()' j!5B. Coleraine, 71 n J 91 - 60 - 0 - 4 - - 43 - 80 0 0 578 15 0 819 119 16. Ballycastle, . 19 8 - - - 13 - - - - - 1 173 0 0, — 173 0 0 695 17. Drogheda, 138 11 68 - - - 2 - - ; 1 4 52 - - - 276 5 0 — 276 5 0 ■ I 3I ’1 10,996 Total, . 2780 151 414 718 co 35 23 - 22 45 256 7 68 6,828 16 8 269 10 0 7,098 0 8 1 __- The estimate of the average number of Salmon Rods, . Iman. I Draft Nets. . . Omen. I Pole Nets, • • '} jo Cross Lines, • . 2 men. Drift Nets, . . 5 do, Dag Nets, • • jo" Snap Nets, . . 4 do. | Trammel Nets, . 2 do. | Fly Nets. • SPECIAL COMMISSIONERS FOR IRISH FISHERIES. 37

No. 5. Appendix Nos. 5 & 6 on Engines used for Fishing for Salmon, January, 1868.

9. Fly Nets. 11. Head 12. Box, Crib, 13. Gap, Eye, 8. Bag Nets 10. Stake Nets. Weirs. &c. &c. 14. Sweepers. 15. Coghills. 16. Loop Nets.

£ «. d. £ s. d. £ s. d. £ s. d. £ 3. d. £ 3. d. £ s. d. £ s. d. £ 3. d.

1 r 1 0 0 0 10 0 0 13 4 10 0 1 0 0 0 10 0 0 10 0 1 0 10 0 3 0 0 1 10 0 0 10 0 10 0 10 0 0J 1 0 0 r 10 0 0 30 0 0 30 0 0 6 0 0 1 0 0 10 0 1 0 0 i 1 0 0 10 0 0 10 0 1 0 O. 1 0 0 1 0 0

10 0 L 0 10 0

No. 6. Conservators for the Years 18GG and 18G7- 1 . Number and Description of Licences sold in 1867. Increase or Decrease between 1866 and 1867. |

1867. 1867.

1867. 1867. &c. &c. Total Ave­ Nets, Amount Per Nets in in

Bods. Amount rage of centage on . Lines. Nets. received No. Increase Decrease Nets. Nets. Weirs.

Nets. Nets.

Pollen. Licence Poor Law Crib, Nets. Eye,

employed. employed.

Nets.

for Licence

em­ in in Nets. Duty. Valuation. Draft

Duties. ployed. Amount. Amount. for or Salmon Cross Snap Fly (nip, Increase Bag Stake Coghills. Drift Trammel Pole Head Box, Draft Sweepers. Loop istrict Decrease

’ 1. 6. D 2. 3. 7. 9. 8. 4. 5. 1 16. 15. 10. 11. 12. 14. Number Number

j | 1 * d. £ s. d. £ 8. d. 8. d. 4? 8. d. 1 31G 1 - 28 ------214 0 0 241 0 0 480 46 10 0 - 101

o - o ------151 0 0 — 154 0 0 4B — 6 5 0 - 14 89 - 51 ■ 3 353 23 273 18 80 - - - •1 J 3 15 - - 1,092 0 0 — 1,092 0 0 2,048 129 13 4 — 48 -

•I 307 •19 2^ - S? - - 1 - 2 - - - - - 459 10 0 •10 0 0 499 10 0 689 — 39 0 0 - 128

5 •131 5 46 - - 1 ------373 10 0 — 373 10 0 721 —. 0 10 0 1

6' 27 - - 33 0 0 — 33 0 0 105 o 0 0 — 1:1 -

6« 2 - - 4 10 - - 29 0 0 — 29 0 0 76 — 3 10 0 10

l>3 42 - 8 - - - 1 - - - - - 1 - 64 0 0 — 64 0 0 136 5 0 0 — IS -

• 7 120 - 71 ------2 - - 307 0 0 — 307 562 — 2 0 0 4 0 0 1

8 441 48 31 116 93 - 28 - 19 1 9 137 - - 1,845 0 I) 4 10 0 1,849 10 1' 2,255 168 10 l- — 120 - r o 9 87 - 0 - - - - 8 20 - 0 0 OS 10 0 295 10 201 — 41 0 0 - 47

1(» 32 - - 16 - - 1 ------82 0 0 — 82 0 0 181 — 13 0 (1 - 8

102 24 ------87 0 0 — 87 0 o 150 — o 0 0 4 - 21 1 11 82 1 19 9 ------7 7 - - 215 0 0 — 245 0 0 260 7 0 0 — 6 -

12 29 20 - - — 2 - - - - 7 - - 116 0 0 — 116 0 0 171 1 0 0 — 10 0 ... 42 - 18 84 8 - 32 - - 3 - 1 3 28 - - - 290 0 0 SO 0 0 370 0 <■’ 363 10 0 I - - 3 - 5 107 132 — 6 0 0 - 7 11 39 1 - 11 - - - - - 5 0 — 107 5 g 151 116 7 - 35 - - 3 - 3 - - - - 301 0 0 09 0 0 400 0 370 114 10 0 — 29 2 15* 50 o 1 68 - 91 - - - - 4 - 25 455 5 0 78 0 0 533 5 ■ 689 45 10 0 130

33 - - - - 171 0 0 — 174 0 0 123 0 0 — 4 - 16 - 1 - - - ]2 - 1 3 17 111 12 2 66 - - 1 - 1 65 - 281 10 ( 261 10 0 706 — 14 15 0 1 11 L i 1 2845 169 335 665 221 98 23 - 3 42 7 25 5 6,947 0 0 370 0 0 7,317 0 0 10,785 438 13 4 220 0 ( j 291 450 - i • 1 1 j men employed is made up as follows:— Stake Nets, . . 4 men. I Gap,Eye,&c. . . 2 men. I Coghills, . . . Iman. Head weirs, . . Iman. Sweepers, , , 6 do. I Loop or Frame Nets, . 1 do. Box,crib,&c.(every5) £ men. | 38 APPENDIX TO THE REPORT OF THE

Appendix, 0 (1. No. 7. 0

0 Nets. s. 0

-

5 5 £ Loop i 0 0 cl.

0 0 s.

£ Cogliills. 25 25

i

0 0 d.

0 0 s.

£ 18 18 Sweepers.

[

0 0 0 0 0 0 0 0 d

0 0 0 0 0 0 s. Eye, 10 10

&c.

7 7 10 •32 £ 20 28 Gap, 137 2-11

'o ______1 0 0 0 0 0 0 0 0 0 0 d d.

0 0 0 0 0 0 0 0 0 0 s. • r—• Crib,

&c«

£ 70 30 30 30 90 20 80 30 40 Box, CO 420 0 0 0 0 d.

0 0 0 8. 0

Head Weirs. 6 6 6 £ o 18 0 0 0 0 0 0 d.

0 0 0 0 _o 0 0 s. Nets.

s. Nets. -

tn

£ Fly 0 0 0 0 0 0 0 0 0 d.

0 0 0 0 0 0 0 0 0 s. Nets.

p 10 £ 10 10 30 10 tO 20 20 120 230 s Bag 0 0 0 0 o 0 d.

0 0 0 0 Nets.

s.

■-2 .£ 2 6 • 1 0 52 64 Pole

0 0 0 0

o

d.

or

Nets 0 ‘o s. 0

10 Q 10

Pollen.

0 0 0 0 0 0 s.

Q Nets.

m £

p 13 27 96 Drift 210 279 657

Cd (i I ( 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 0 0 d

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 s. 10 10 Nets.

O 19 12 15 63 51 27 57 GO £ 8-1 •18 96 42 99 21 108 138 318 213 105 201 Draft P 1,813

0 0 ( 0 (. 0 r*. d.

0 5 s. 15 Nets. 10 10 10

0 1 •12 td «£ -16 -199 500 Snap 1

o 0 0 0 0 0 0 0 0 0 0 0 0 0, 0 d.

0 0 0 0 0 0 0 0 0 0 0 0 0 s.

s 1 2 -1 2 1-1 10 10 1 1 0 16 98 Cross 96 12 411 £ Lines. a 325 a. 1

at 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 '•< d.

0 0 0 0 0 0 0 5 0 0 0 0 0 s. 10 10 10 10 10 10 .10 15

2 13 58 50 32 29 33 <£ 41 87 81 70 2 1 0 60 2-1 82 29 Bods. Single 133 138 176 220 215 1,643

. .

.

istinct D Total, Skibbcreen, Bangor, Dublin, Waterford, Cork, Coleraine, Wexford, Lismore, Killamcy, Galway, Ballyuakill, Ballina, Sligo, Bantry, Drogheda, Kenmare, Limerick, Londonderry, Letterkenny, Ballyshannon, Ballycastle, SPECIAL COMMISSIONERS FOR IRISH FISHERIES. 3i)

Appendix, No. 8. Appendix, No. 8. Applications for By-Laws, Rules, &c., received by Commissioners. *

District or Place. Nature of Application. Observations.

Letterkenny District, To alter the close season, ...... Inquiry held. Coleraine District, To alter the close season for pollen, .... Ditto. Sligo District, To alter close season, ...... Granted fi r Sligo River. Galway District, . Ditto, ...... Inquiry held. Lismore District, Ditto, ...... Ditto. Waterford District, Ditto, ...... Granted. Coleraine District, To prohibit the use of draft-nets for pollen in Lough Neagh, Ditto. Cork District, To prohibit net-fishing in certain portions of the Bandon River, . Ditto. Limerick District, To prohibit net-fishing near mouth of River Cashen, Consideration postponed. Waterford District, To prohibit snatching, ...... By-law in course of publication. Wexford District, To prohibit all net-fishing during salmon close season between new bridge of Wexford and bridge of Enniscorthy, Not in power of Commissioners. Galway District, . To prohibit snatching, . . . . " . By-law made. Dcrryinver River, To remove obstructions, ...... Obstructions removed. Londonderry District, To inspect dam on Mourne River, ..... Inspected. Coleraine District, To remove obstructions at mouth of Cutts, Removed. Shimna River, co. Down, To define mouth, ...... Mouth defined. Limerick District, To define boundaries between tidal and freshwaters of Rivers Feale, Geale, and Cashen, ..... Waiting inspection. Cork District, To form Argideen River into a separate district, . Requirements of Act not com­ plied with by applicants. Dublin District, . To prevent deleterious matter being allowed to flow into River Inquiry held; Conservators to .Lilley. attend to it. Kenmare District, To inquire into the fishing near the mouths of rivers, Inquiry held,and measures taken. Sligo District, To have new fish-pass on Sligo Weir, .... Money not provided. Waterford District, To build fish-passes on Weirs, .... Survey made, but money not provided. Skibbereen District, To design new fish-pass for Lurrega Mill Weir, Pass built. Londonderry District, To alter size of meshes of nets, ..... Not granted. Bangor District, . Ditto, ..... i By-law granted for portion of district. Ditto, To prohibit the removal of gravel from spawning-beds, By-law granted for River Owen- more. Ditto, To curtail the open season for angling, .... Notin power of Commissioners. Galway District, . Ditto, .... Ditto. Waterford District, Ditto, .... Ditto. Ballina District, . Ditto, .... Ditto. Ballyshannon District, * Ditto, .... Ditto. Limerick District, Ditto, .... Ditto. Fergus River, To prohibit all kinds of fishing within twenty yards of Ennis Weir, By-law made. Shannon River, . ' Ditto of Tarmonbarry Weir, Ditto. Drogheda District, To survey White Mills Weir, River Dee, for fish-pass, Pass built. Waterford District, ’ To permit the use of small meshed nets in rivers running through Bessborough Demesne, ..... By-law made. Bantry District, . To reduce the licence on nets, .... Granted. Ballinakill District, To alter boundaries of district, .... Ditto. Bangor District, . Ditto, ...... Ditto. Ballyshannon District, . To permit the use of small meshed nets in Loughhcad River, Not granted. Ditto, To define mouths of Oily and Loughhcad Rivers, . Mouths defined. Ballina District, . To define boundaries between tidal and fresh waters, River Moy, Order made. Wexford District, To alter close season, ... Inquiry held. , Cork District, To define boundaries between tidal and fresh waters, River Bandon Order made. Ditto, To survey weirs on rivers for fish-passes, . Surveys made. Ditto, To prohibit snatching in district, . By-laws made. Dublin District, . To alter close season. Inquiry held. Limerick District, To define mouth of Clohane River, Co. Kerry, Mouth defined. Kenmare District, To alter close season, Inquiry held. Killarney District, To alter close season, • . " Ditto. Lismore District, . To alter close season, . Ditto. Limerick District, To remove obstruction in Doonbeg River, Removed. Ditto, To prohibit net fishing near Killaloe, Not granted. Ditto, To alter fish-pass at Ennis, . Fish-pass altered. Ditto, To permit the use of small meshed nets in Lough Derravarragh Co. \\ cstmeath, . Inquiry held. Wexford District, To permit the use ot small meshed nets in rivers running throng Lord Fitzwflliam’s property, Co. Wicklow, Granted. Waterford District, To prohibit net fishing in fresh waters of River Nore. ' Not granted. Skibbereen District, flo prohibit net fishing within certain distance of Lurrega Mi Weir, River lien, • . . . . Ditto. Waterford District, To cause fish-pass to be built by the owner on St. Mullins’ Mi Weir, . . . . No money provided. Lismore District, To build fish-pass on Fermoy Weir, Pass built. Dublin District, To prohibit removal of gravel iu Li’ffev To be inspected. Ballyshannon District, . To alter the close season, . . " ’ Inquiry held. Ballina District, Ditto in Easkey River, . Inquiry to be held. Coleraine District, To increase licence on pollen trammel nets to .£] ,’and draft nets Granted. (Draft nets since pro­ for pollen to £ 1 1 Os. hibited. Cork District, To build passes on Ballincollig and water works weirs, Contracts accepted ; w

Appendix No. 8. Appendix, Nos. 9 & 10. Applcations for By-Laws, Rules, &c., received by Commissioners—continued.

District or Place. Nature of Application. Observations.

Galway District, . To prohibit netting between Gaol and Regulating Weir in River, Not granted. Ballina District, . To increase licence on draft and drift nets, Not in power of Commissioners.. Ditto, To shorten season for angling, ..... Ditto. Ditto, To reduce size of mesh of nets, ..... Under consideration. Sligo District, To prohibit angling with worms, ..... Not granted. Skibbereen District, To extend angling season to 10th November, Not in power of Commissioners Ballycastle District, To reduce rod licences to 10s., ..... Granted. Ditto, To alter close season, ...... Inquiry to be held. Limerick District, To prohibit all netting in River Maigue above Ferry Bridge, Ditto. Drogheda District, To alter close season, ...... Granted. Sligo District, To prohibit the mode of fishing practised in estuary of Drumclifie River, ...... Waiting further inquiry. Limerick District, To alter the season for eel fishing, ..... Inquiry to be held. Bangor District, . To prohibit the removal of gravel from the Glenamoy River, Ditto. Newport River, . To reduce size of meshes of nets, ..... Ditto. Cork District, To prohibit netting in River Lee in pool below Wellington Bridge, Refused at present.

Appendix, No. 9.

By-Laws, Orders, &c., made by the Commissioners.

District or Place affected by Nature of By-Law, Order, &c. Date. By-Law, &c.

Moy, .... Defining boundaries between tidal and fresh waters, 26th July, 1865. Maine, .... Ditto, ...... Ditto. Laune, .... Ditto, ...... Ditto. Suir, .... Ditto, ...... 16th March, 1834. Note, .... Ditto, ...... Ditto. Barrow, .... Ditto, ...... Ditto. Shannon, Ditto, ...... 9th April, 1864. Fergus, .... Ditto, ...... Ditto. Liffey, . > Ditto, ...... L2th August, 186-1. Maigue, .... Ditto, ...... Ditto. Lee, .... Ditto, ...... Ditto. Bandon, .... Ditto, ...... 19th January, 1865. Curragh, Ditto, ...... Ditto. Inch, .... Ditto, . . . - . 1st February, 1866. Slaney, .... Ditto, ...... Ditto. Boyne, .... Ditto, ...... March, 1868. Dublin District, Prohibiting the use of draft pets of a greater length than 19th January, 1865. 350 yards, in that part of the River Liffey situated be­ tween the Island Bridge weir and a line drawn due north from the Poolbeg Lighthouse. Limerick District, Prohibiting fishing by any means whatsoever within twenty 5th June, 1865. yards of the weir wall of Tartnonbarry, on River Shannon. Ditto, Do. within twenty' yards of weir wall at Ennis, on River 26th June, 1865. Fergus. Cork District, Prohibiting the use of otter, lyster, strokehaul, drew-draw, 31st May, 186'. or gaff, &c., in any tidal waters within district. Ditto, Prohibiting snatching, or attempting to snatch salmon with 1st June, i860. any kind of fish-hook, covered in part or in whole with any matter or thing, or uncovered. Killarney District, Prohibiting the use of the otter, lyster, spear, strokehaul, Sth February, 1865. &c., in any tidal waters in district. Galway District, Prohibiting snatching, or attempting to snatch salmon in 3rd March, 1865. any tidal or fresh water in district with any kind of fish­ hook, covered in part or in whole with any matter or thing, or uncovered. Waterford District, Ditto, ...... 26th August. 1865. Owenmore River, Prohibiting the removal of gravel or sand from any part of 20th May, 1S6>. the bed of the Owenmore River, in the county Mayo, where the spawning of salmon or trout may take place. Waterford District, Permitting the use of nets having meshes of one inch from 5th June, 1S65. knot to knot for the capture of fish within the waters in, and rivers running through the demesne of Bessborough, in the county Kilkenny, provided that no net less than one and three-quarter inches from knot to knot shall be used during April, May, and June. Owenduff or Ballycroy and Permitting the use of nets with meshes of one and one-half 10th February, 186*'. Owenmore and Munhim inches from knot to knot within so much of these rivers Rivers. as lies above the mouth, as defined, during June, July, and August, in open season. Bandon River, . . Prohibiting for three years the use of nets (except landing •1th December, IS 6. nets as auxiliary to angling -with rod and line) in any part of the Bandon River or its tributaries, above a line drawn from the northern point of the quay, :it the mouth of the creek, between the townlands of Rockhouse and Kilmacsimon, to a point on the opposite shore in the townland of Ahern. Lough Neagh, . Prohibiting the use of draft nets for the capture of pollen. 2Rth February, 1867. Drogheda District, Prohibiting snatching, or attempting t > snatch salmon in 30th October. 1867. any tidal or fresh water in district with any kind of fish­ hook, covered in part or in whole with any matter or thing, or uncovered. Limerick District, Prohibiting the shooting of fish in that part of the River 5th June, 1867. # Shannon between Portumna Bridge and Shannon Bridge, and also in River Maigue. SPECIAL COMMISSIONERS FOR IRISH FISHERIES. 41.

Appendix, No. 10.

Abstract of By-Laws, Orders, &c., in force, relating to the Salmon Fisheries. Appendix No. 11. Place affected by Place affected by By-Law, Nature of By-Law. By-Law, Nature of By-Law. and Date thereof. and Date thereof.

River Liffey, Prohibiting the catching, or attempting to catch, Rivers Shannon and Prohibiting the Shooting of Fish in that part of (19th Jan., 1865.) Salmon with any Net of greater length than Maigue. River Shannon between Portumna Bridge and 350 yards, in that part of the River Liffey (5th June, 1867.) Shannon Bridge, and also in River Maigue. which is situated between the Weif known as the Island Bridge Weir and a lino drawn due River Shannon, Prohibiting the Fishing for Salmon or Trout by North from Poolbeg Lighthouse. (5th May, 1866.) any means whatsoever, within a space of • River Slaney, Co. Prohibiting, during the Close Season for Salmon, Twenty Yards from the Weir Wall of Tar- Wexford, the use of Nets of any kind whatsoever, be­ monbarry, on the River Shannon. (25th .March, 1854, tween Ferrycarrig Bridge and the Town of and 4 th March, 1862.' Enniscortliy. Lough Ree, River Permitting the use of Nets in Lough Ree, having Shannon, a mesh of five inches in the round, measured Prohibiting, during the Open Season for Salmon, (27th August, 1858.) when the Net is wet. the use of Nets with meshes of less size than one and three-quarter inches from knot to knot, River Fergus, Prohibiting the Fishing for Salmon or Trout by between Ferrycarrig Bridge and the Town of any means whatsoever, within a space of Enniscortliy. Twenty Yards from the Weir Wall of Ennis, Bessborough De­ Permitting the use of Nets for the capture of on the River Fergus. mesne, Co. Kil­ Fish with Meshes of one inch from knot to kenny, knot (to be measured along the side of the River Maigue, Prohibiting the use of Draft Nets between Ferry (5th May, 1866.) square, or four inches to bo measured all round (17th Oct., 1864.) Drawbridge and the old Bridge of Adare. each such Mesh, such measurements being taken in the clear, when the Net is wet,) Killarney District, Prohibiting the catching, or attempting to catch, within the Waters in, and Rivers running (8th Feb., 1865.) Salmon in any tidal water with a Spear, through the Demesne of Bessborough, in the Lyster, Otter, Strokehaul, Drew-draw, or County Ot Kilkenny: Provided that no Net Gaff, except when the latter instrument may having a less Mesh than one inch and three- be used solely as auxiliary to angling with quarters from knot to knot, shall be used in the rod and line, or for the purpose of removing said Rivers during the Months of April, May, fish from any legal Weir or Box by the owner and June. or occupier thereof. Cork District, Prohibiting the catching or attempting to catch (11th Sept., 1866.) • Salmon or 1 rout in any Tidal Water in the Castlemaiue Estuary. Prohibiting, during the Salmon Close Season, Cork District with a Spear, Lyster, Otter, (27th Oct., 1858.) the use of Draft Nets having a foot-rope-and Strokehaul, Dree Draw, or Gaff, except when leads or weights affixed thereto, in the Estuary the latter instrument may be used solely as of Castlemaine inside the Bar of Inch. auxiliary to angling with Rod and Line, or for Permitting Pollen to be taken by Trammel or _ie purpose ot removing Fish from anv legal Lough Neagh, (22nd April, 1846, Set Nets composed of Thread or Yarn of a fine cir or Box by the Owner or Occupier thereof. and 24th Feb., 1860.) texture, not less than ten hanks to the pound 1 rohibiting the snatching or attempting to weight, doubled and twisted with a mesh of not snatch Salmon or Trout in any Tidal or Fresh less than one inch from knot to knot, from p.a,te,r 'n l'le C°rk District with any kind of the 1st of March to the 29th September. r ish-hook, covered in part or in wfiole with any matter or thing, or uncovered. Lough Neagh, Prohibiting the use of Draft Nets for the capture River Lee, Co. of the I rohibiting, during the Close Season for Salmon, (28th Feb. 1867.) of Pollen. City of Cork, the use of Draft Nets, or any other Net or GalwayRi ver, Lough Prohibiting the use of the Instrument, commonly (7th January, 1863.' Nets used as a Draft Net, having a foot-rope Corrib, &c., called Strokehaul or Snatch, or any other such and leads or weights affixed thereto, within the (24th July, 1846.) instrument, in River Galway, Loughs Corrib following limits, viz.:—in that part of the River or Mask, or their Tributaries. Lee, situate between Patrick's Bridge, in the City of Cork, and a lino drawn across the said Prohibiting the snatching or attempt to snatch River Lev, from Blackrock Castle, on the Galway District, . (11th Sept., 1866.) Salmon in any Tidal or Fresh Water in the south, to the Western extremity of the Town­ Galway District with any kind of Fish-hook, laud of Dunkettle, on the North. covered in part or in whole with any matter or Argideen River, Prohibiting the use of Nets of any kind whatso­ thing, or uncovered. (24th Feb., 1860.) ever in the tidal part of the river known as the Argideen River, in the County of Cork, situa­ Clare and Clare-Gal­ Prohibiting the use of Nets of any kind whatso­ ted between the junction of the Owenkeagh or way or Turlough- ever in any part of the Rivers known as the Dhnd River wi th the said Argideen River and more Rivers, Co. Clare and the Clare-Galway or Turloughmore the Bridge of Timoleague, all in the Barony of Galway, Rivers, in the County of Galway, above the , division ot East Carbery and County (22ud Dec., 1862.) junction of the said Rivers with Lough Corrib, ot Cork. J in the County of Galway. Bandon River. Prohibiting for three years the use of Nets (ex­ Owenmore River, Prohibiting the removal of gravel or sand from (4th Dec., 1866.) cept Landing Nets as auxiliary to angling with Co. Mayo, any part of the bed of the Owenmore River, in rod and line) in any part of the Bandon River (5th May, 1866.) the County of Mayo, where the spawning of or its tributaries, above a line drawn from the Salmon or Trout may take place. northern point of the quay, at the mouth of the Owenduff or Bally- Permitting the use of Nets with Meshes of one creek, between the townlands of Rockhouse and a-half inches from knot to knot (to be and Kilmacsimon, to a point on the opposite croy, Owenmore shore in the townland of Ahern. and Munhim Ri­ measured along the side of the square, or six vers, inches to be measured all round each such River Shannon, Prohibiting Net Fishing in that part of the River (11th Sept., 1866.) Mesh, such measurements being taken in the (5th Feb., 1856.) Shannon between Wellesley Bridge and the clear, when the Net is wet.) within so much Railway Bridge, between 1st June and 12th of the said Rivers Owenduff or Ballycroy, F ebruary. Owenmore and Munhim, as lies above the mouth as defined, during so much of the River Shannon, First.—Prohibiting, between the 20th day of Months of June, July, and August, as do now (22nd Nov., 1862.) July and 1st day of November in each year, or at any time may form part of the Open the use of Draft Nets, or any other Net or Season for the capture of Salmon or Trout, Nets used as a Draft Net, having a foot-rope with Nets, in tho said Rivers. and leads or weights affixed thereto, within the following limits, viz,:—in that part of the River Prohibiting the use of Nets for the capture of Shannon situate between the Fishing Weir Teelin Estuary, (24th Feb., i860.) Fish of any kind, with meshes of less than one known as the Lax Weir, and a line drawn due inch from knot to knot, (to be measured along North and South across the said River Shan­ the side of the square, or four inches to be non at the W estern extremitvof Graigue Island. Second.—Prohibiting Draft Nets for the cap­ measured all round each such mesh, such mea­ surements being taken in theclearwhen the Net ture of Fish of any kind, of a mesh less than one and three-quarter inches from knot to knot, is wet,) on that part of the coast of the County to be measured along the side of the square, or of Donegal inside, or to the North-east and seven inches to bo measured all round each North of lines drawn from Rossan Point to such mesh, such measurements being taken in Teelin Head, and from Teelin Head to Carri­ the clear when the Net is wet, in the tidal gan Head, and from Carrigan Head to Muck- parts of the River Shannon, or in the tidal ross Point, all in the Barony of Bannagh, and parts of any of the Rivers flowing into the said County of Donegal. River Shannon. F 42 APPENDIX TO THE REPORT OF THE

Appendix Abstract of Statements from Clerks of Boards of Conservators

Whether Salmon pur­ Whether the take of Average price chased for Exportation, The amount of Number General state of the Salmon Salmon in 18G7wasmore Any Fish Passes and ifso, what proport ion Protection during Close and Name of and Inland or less productive than Any now modes of built under the of Salmon does it bear to that pur­ Season of 1867, as District. Fisheries of Ireland. in 1S66, and to what is Fishing adopted. Fishery Acts. obtained by the chased for Home Supply, compared with the increase or decrease captors. and to what Market isit preceding year. attributed. principally sent.

1. Dublin, Tolerably good. Not im- Less productive. None. None lately. From Is. to Generally for home About the same. proved as regards the take, Is. 6<7. per lb. supply. V owing to long drought.

2. Wexford, . Good. There is a prospect of Less productive. None. None. From 1Od. to Generally for home About the same. further improvement. / Is. 2

5. Cork, .

61. Skibbereen, Bad. No improvement since Less productive. None. Lurriga Mill 5jj<7. per lb. About one-half is ox- The same. last year. weir. ported. 6®. Bantry, Good. Much improved. A good deal more None. None. 6(7. per lb. Not exported. The same. productive. 6s. Kenmare, Fair. Not so good as last Much less. Drag net in open None. 6 J (7. per lb. — The same. year. sea. 7. Killarney, . A general decrease in qtian- Less. None. None. To 1st May, All for exportation. About the same. tity. No prospect of im­ Is. 4<7. per provement. lb.; to 1st June, 10<7.; to 1st Au­ gust, 5(7. 8. Limerick, , Very satisfactory* Less. None. Is. 6(7. per lb. Nearly all. Greater. for spring fish, and 8(7. for summer fish.

9. Galway, Very good indeed. Less productive. No None. No new pass, Atan average About 90 per cent. About the same. improvement in but water- of 10(7. per exported. Lough Corrib, but fall at lb. Baliinahinch fish- Oughtcrard ery greatly im- greatly im- proved. proved, and salmon can now ascend with case. 10.1 Ballyna- Not very encouraging. There A great deal less None. None. Is. Gc7. per lb. Two-thirds for ox- About the same. kill. have been no improvements productive. portation. during past year. 10® Bangor, . Inland good. No improve- Much less. None. None. 6(7. per lb. All. About the same. ment since last year.

11. Ballina, . Very bad, and no prospect of Much less than any Netting in upper None. From 9(7. to Very little for ex- Greater. immediate improvement. year since 1850. waters. 10(7. per lb. portation. Take offish much less than last year. 12. Sligo, Not good. No improvement. Less. None. 8(7. per lb. All. The same. 13. Ballyehan Not good. A great decrease Less productive by None. 6(7. per lb. Nearly all. Much the same. non. since last season; and pros­ far. pect not good. 14. Letter- Not so good as former years. Less. None. None. 8(7. per lb. Nearly all. The same. kenny. No improvement since last year, and prospect not good.

15*. London- A considerable supply of Less. None. 8(7. per lb. Nearly all. Increasing. derry. breeding fish, but not so numerous as last.

15 s. Coleraine, Very prosperous. Every Not quite so pro- None. 8(7. to 4s. per Two-thirds for ex- Greater. prospect of improvement. ductive. lb. portation, one-third for home supply. 16. Ballycastle, Unfavourable. Have not Much less productive. None. None. 10(7. to Is. per Nearly all. ’■'vch the same; per- had so unproductive a sea­ lb. 1); ps a little better. son for many years.

17. Drogheda, Not near so productive as Much les?. Nope. Is. 2(7. per lb. Chiefly to England. Not so much, from I860; but there are hopes want of funds. of improvement, from many causes. *

SPECIAL COMMISSIONERS FOR IRISH FISHERIES. 43

No. 11. as to the State of tho Salmon and Inland Fisheries.

Whether tho Whether tho quanlity of Whether Fisheries have Breeding Fish been more injured Number of Number employ­ Offcnecj against by pollution from Suggestions ed by private For what length of Rate of Wages paid by observed in tho tho Fi

Less, owing to Fishingfur sal­ Yes. The tide­ An increase on the amount of 10. o 5 for the whole Permanent water-bailiffs 12s, long drought mon under | way of the Lif- seine net Licence Duty is year, and 5 dur­ per week. last year. pretence of fey in time of advisable in future legisla­ ing close season. fishing for drought. tion. other fish is on the in­ crease. Less. Increased. No. None. 15. None. 10 during close, Bailiffs, 7s. to 8s. per week; and 5 diming Inspector, 12s. 6d.per week. open season. Greater. — No. — Over 100. None. V aries. Varies.

— P o a c h i n g — 'J hat rod-fishing begins too — — — has not in­ early and continues too long, creased; but and net-fishing continues poachers ap­ too late; and the duty on pear much single rods should be equal­ more daring, ized by Act of Parliament; and in many and the millers, at their own cases have expense, should be com- assaulted compelled to put a grating bailiffs. at head of mill-race and end of tail-race.

Less. Diminished. No. That a small mesh net should 4. 1. All the year. 5s. per week to I; 2s. Gd. to 3 be allowed for a portion of others. the coast. Much greater. Diminished. No. None. 3. 2. All the year. 4s. Gel. per week to 2; £3 per annum to 1. Much less. Diminished. No. To close fishing season for 17. 13. All the year. From £2 to £5 per annum. nets on 20th August. Less. Diminished. No. None. 7G. 10. From 3 to 12 From £2 10s. to £10 per months. annum.

Rather greater. Diminished. No. That passes on navigation 120. 1. 12G during close Nine at 5s. per week each for weirs in Shannon should be season, and 67 entire year; the remainder improved. during open.. receive from 7s. to £1 each. Eight of the permanent bail ills receive 15s. per week each, and one at £1. Fully equal to Diminished. Only in one lo­ None. 30. Same as last Some by the year, From £2 to £30. any previous cality, where year. but greater num­ year. flax water was ber for about allowed to flow three months into Ballina­ during the spawn­ hinch river. ing season.

1 all the year— One £10 per annum; others Much less. Increased. No. None. 30. 11. the rest for the £1 and £2. close season. Some for G, and From 15s. to 18s. per week. The same. Increased. No. None. 80. some for 12 months. 1

Considerably Greater in No. Refers to suggestions made in 50. Over 250. During close sea­ Varies from £1 8s. to £5. less. open season, three preceding annual re­ son. and much ports. the same in close season. A good supply. Much the same. No. None. 30. 30. For close season. From £2 10s. to £5. Less. Diminished. Considerable in­ None. 204. None. For whole year. From £1 to £5. jury by flax­ steeping. In upper waters Diminished. Less injured by None Between 50 About 12. All the year. From 10s. to £3. 1 ess,butin lower flax water, ow­ and GO. waters greater. ing to the floods.

Not so many in Offences have Except by flax None. 170. 10. From October to From £2 to £12 for the sea some of the decreased, water. March. son; some from 7s. to ios. breeding rivers. but convic­ per week. tions have rather in- creased. Considerably Considerably Very little. None. 49. 8. Whole year. £5 to £30. greater. diminished. Much the same, Very little .Much injured by That there is little doubt that 24 in spawn­ None. 12 permanent, and Permanent, £19 io £25 per as r.'.r as could change. flax water. the decrease in last season ing season. 12 in spawning annum; extra, from 10s. to be ascertained. was in consequence of the season. 12s. per week. overstocking of breeding rivers, and the consequent increase of kelts and river trout, the taking of the lat­ ter by nets being now pro hibited. Less. Increase d By flax-steeping None. 13. None. 7 during last year: Head bailiff, £4 6s. 8

44 APPENDIX TO THE REPORT OF THE

Appendix, APPENDIX, Nos. 13 & 14. Certificates granted by the Special Commissioners for Irish Fisheries, in pursuance of the Fixed Engines for fishing

Place. Name of Person to whom Date of District in which Parish. No. Certificate granted. Certificate. net situated. * Townland.

1 Sea off co. Londonderry, Henry O'Neill, 31 August, 1865, . Coleraine, . East Ballygelagh. Ballyaghran, 2 Ditto, Antrim, A. G. Fullerton, 5 September, 1865, Ballycastle, Larrybane, Ballintoy, . 3 Ditto, Ditto, Ditto, Ditto, Carrickaraidc, . Ditto, 4 Kenmare River, E. B. Hartopp, 16 January, 1866, Kenmare, . j Rath, Kilcrohane, 5 Sea off co. Antrim, Thomas Black, 2 October, 1865, Ballycastle, I I’ortrnsh, . Dunluce, . 6 Ditto, .... Ditto, Ditto, Ditto, Ditto, . Ditto, / Ditto, .... Sir E. MacNaghten, Ditto, Ditto, Portbraddcn, Ballinlog, . 8 Ditto, .... Thomas Black, Ditto, Ditto, Portrusli, . Dunluce, . 9 Ditto, .... Earl of Antrim, Ditto, 1litto, Torr, Culfeightrin, 10 Ditto, .... Thomas Black, Ditto, Ditto, Portrush, . Dunluce, . 11 Ditto, .... Ditto, Ditto, Ditto, Ditt >. . Ditto, 12 Ditto, .... Ditto. Ditto, Ditto, Ditto, . Ditto, 13 Ditto, .... Six* Aian E. Bellingham. . 28 October, . Drogheda,. Dummy, . Dunany, . 14 Ditto, .... J. C. Anderson, Ditto, Ballycastle, Dunscverick, Dunscverick, 15 Ditto, .... Ditto, Ditto, Ditto, Ditto, Ditto, 16 Ballvcotton Bay, . John Litton, . 31 October, . Lismore, . Kilmahon, Kilmahon, 17 River Shannon, William B. Barrington, . 7 November, Limerick, . Ballyhoolahan, . Loghill, 18 Sea off co. Louth, . John F. Jones, 16 November, Drogheda, . Drahaustown, . Dunany, . 19 Barrow, otherwise Suir, Nore, Lord Templemore, . 4 December, Waterford, Nook, St. James’s, and Barrow conjoined. 1866. 20 Lough Foyle, The Irish Society, . 2 January, . Londonderry, Grandsha, Glendermott,

21 Ditto, .... Ditto, Ditto, Ditto, Ditto, Ditto,

22 Ditto, .... Ditto, Ditto, Ditto, Ditto, Ditto, 23 River Erne, .... Alicia Sheil, . 20 January, . Donegal, . Fenner, Innismacsaint, . 24 River Shannon, S. Cunningham, 16 March. Clare, Ailroebeg, Killidane, . 1867. 25 River Bunratty, Thomas Studdert, . 11 February, Limerick, . Bunratty, Bunratty, . 26 Ringabella Bay, Samuel Hodder, 7 March, Cork, Ringabella, '1 racton, 27 Sea off co. Sligo, Ormsby Jones, 4 November, Sligo, Streedagh, Ahamiish,. 1868 28 River Blackwater, . John Neil and Wm. Hen­ 14 January, . Lismore, . Scart, Kilcockan, nessy. 29 Sea off co. Sligo, Lady Palmerston and Hon. 20 January, . Sligo, Mullaghmore, . Ahamiish, W. Cowper. 30 Sea off co. Donegal, George Young, 27 April, Londonderry, . Carthage, . Culdaff, . 31 Dooninore Strand, . John Scott, 19 May, Limerick, . — Killard,

32 Doonheg Strand, . W. Stacpoole, 19 May, Ditto, — Ditto, .

Appendix, No. 13. List of Fishing Weirs and Fishing Mill Dams .surveyed by directions of the Commissioners.

River. Name of Weir. River. Name of Weir.

Suir, .... Coolnamuck. Newport, Newport. Nore, .... Innistiogue. Moy, . . . . Foxford. „ ... . Rockview. Erne, .... Ballyshannon. } 9 * • • • Jerpoint. Bundrowes, Bimdrowes. Dysart. Eske, .... Donegal. Tay, . . . . W oodhouse. Gweebarra, Gweebarra. Blackwater, Lismore. Lackagh, Lackagh. Lee. Duke of Devonshire’s. Leenane, Rathmelton. • • a . North Fishery. Oweuea, Owcnea. South Fishery. Buncrana, Buncrana. Carra, .... Carra. Finn, .... Finn. Shannon, Lax. Bann, .... Cutts. Corrib, .... Galway. Bush, .... Bush. Spiddal, Spiddal. Boyne, • . . Old bridge. Ballinahinch, . Ballinahinch. 5? • Rosnaree. Moy, .... Ballina. New Grange...... (

Appendix, No. 14. Quantity of Salmon Conveyed by the different Railways for the year ending 31st December, 18G7, and Rates of Carriage of Salmon. Salmon conveyed by Midland Great Western Railway for Year 1867. Quantity. Rate per ( F rom Description. Tons. Cwts. Qrs. 1 jbs. *•. (1. Galway to Dublin, . Salmon, . . 20 12 2 18 2 0 Sligo „ • • . 1 18 1 16 2 0 Westport „ • • . 18 10 3 10 2 6 Athenry, ,, . 11 0 0 0 2 0 9 Bally soda re, „ • v • 2 10 20 2 0 Ballina, „ 9 10 1 J 6 .> 6 • >> 2 Castlebar, • 55 . 10 1 2 26 6 --- — — Total, • • . 74 10 2 23 SPECIAL COMMISSIONERS FOR IRISH FISHERIES. 45

No. 12 Ap Nos. provisions of the 6th section of the Act 26th and 27th Vic., c. 114, for maintaining and using for Salmon or Trout.

Barony. Descript'"n Particulais of Size, Observations. County. of Fixed Net. &c.

Coleraine, Londonderry, . Bag-Net, . Net, 138 yards—first pole from shore, 12 yards; last do., 150 yards. Carey, Antrim, . Ditto, Leader, 72 yards; net, 20 yards, Larrybane net. Ditto, . Ditto, Ditto, Leader, .50 yards; net, 20 yards, Carrickaraide net. Dunkerron, S., Kerry, Ditto, Leader, 240 feet; net, 54 feet. Lower Dunluce, Antrim, . Ditto, Leader. 600 feet; net, 66 feet, . . . . Curran net. Ditto, Ditto, . Ditto, Leader, 330 feet; net. 66 feet, .... Big Duncan net. Carey, Ditto, Ditto, Leader, 246 feet; net, 84 feet, .... Portbiadden net. Lower Dunluce, Ditto, Ditto, Leader, 330 feet; net, 66 feet, .... Skerryvan net. Carey, Ditto, . Ditto, Leader, 150 feet; net, 48 feet, .... Torr net. Lower Dunluce, Ditto, Ditto, Leader, 240 feet; net, 66 feet, .... Little Duncan net. Ditto, Ditto, . Ditto, Leader, 288 feet: net, 66 feet. .... Portneen net. Ditto, Ditto, . Ditto, Leader, 330 feet: net, 66 feet. .... Flagstaff net. Ferrard, . Louth, Head Weir, . South side. 627 feet; east side, 204.’, feet; FishPass, south side, 3J- feet; open at end in river, 41- feet. Carey, Antrim, . Bag-Net-, . Net. 316 feet; head, 63'feet. Ditto, Ditto, . Ditto, Ditto, ditto. Imokilly, . Cork, Ditto, 271 feet. •Shanid, . Limerick, Fly-Net, . Weir, 190 feet; H.W.M. to in-pole, 90 feet. Dummy, . Louth, Bag-Net, . Leader, 360 feet; bag, 42 feet; first pole, 300 feet from fixed point on shore. Shelburne, Wexford, Head Weir, Shore wing, 225 feet; channel wing, 94 feet; space Buttermilk Castle weir; between shore wing and rock, 45 feet.

Tirkeeran, Londonderry, . Stake-Net. In-pole of Shore Leader to outer pole of same, 153 The Crook net. feet; out-pole of do. to do. of libo Leader, 82feet; out-pole of chambers of net channel wards, 17 feet. Ditto, o Ditto, Ditto, In-pole of Shore Leader to outer pole of same, 196 The Shell Rock net. teet; out-pole of do. to do. of Flood Leader, 112 feet; out-pole of chambers of net channelwards, 22 feet. Ditto, . Ditto, Ditto, In-pole of Shore Leader to outer pole of same, 262 The Chapel Brook net. feet; out-pole ofdo. to do. of Flood Leader, 152 feet. Tyrbugb, . Donegal, . Ditto, Land arm, 210 yards flood. Clonderlaw, Clare, Ditto, Wing, 42 yards; ebb wing, 41 yards. Bunratty, Clare, Head Weir, 138 feet: 18 feet eye. Kiunalea, Cork, Bag-Net, . Leader, 249 feet; length of net, 22 feet. Carburry, Sligo, Ditto, Leader, 110 yards; length of net, 20 yards. Cosbmora and Cosh­ Waterford, Stake-Net, bride. Carbury, . Sligo, Bag-Net, . 366 feet, inner to outer pole. Innishowen, Donegal, . Ditto, 348 feet, inner to outer pole. Ibrickane, Clare, Salmon Weir or 660 feet. Wall. Ditto, Ditto, . Ditto, 1,254 feet.

Appendix, No. 14—continued. Waterford and Limerick Railway. F rom No. of No. of Boxes. Baskets. Tons. Cwts. Qrs. Lbs. Remarks. Limerick, . 116 53 12 10 1 0 Via Waterford and Milford, to London. n . - 183 10 17 0 23 Via Waterford to Birmingham. n . - 2G7 19 4 2 27 To Dublin. Shannon Fishery Company n 598 27 9 1 10 „ Other shippers. Carrick, • — — 2 11 1 0 To Waterford. Caber, . — — 0 9 2 0 To’Waterford. Rate, £1 per ton. . — — 2 5 3 0 To Dublin. Special rate. loynes, • — — 147 0 0 0 To Paddington. Rate, £6 10s. per ton. Eunis, . — — 1 15 1 14 To Dublin. UastleconneH, . — — 5 15 1 oo To Waterford. J) • . — — G 15 3 7 To Dublin. 3) • — — 0 0 1 14 To London. Vi a tori ord, . — — 1 1 3 18 To Fiddown. Rate, Is. per cwt. . — — 0 14 0 1G To Carrick. „ „ n . — — () 4 2 0 To Kilshcclan. „ ,, n • . — — 0 16 0 5 To Clonmel. ,, „ . — — 1 7 0 13 To Cahir. v • 0 10 3 14 To Tipperary. „ Is. GtZ. „ » • . — - 0 2 0 0 To Bansha. „ Is. „ — ■■■ -■ - — Total, 24 G 11 2 15

Return of the Weight of Salmon conveyed over Great Southern and Western Railway, for the Year ending 31st December, 1867. Total weight, 132 tons. Hate lor Conveyance of Salmon between Cork and Dublin by Passenger train - Packages up to 21 lbs., ordinary parcel rates. from 22 to 5G lbs • 2s. 0<7. each. 57 to 84 „ 2s. G<7. ., 85 to 1 12 ,. 3s. OcZ. ., Quantities abov 1 cwt., . . 3s. Oh. per cwt. By Goods Train, between same stations—50s. per ton 46 APPENDIX TO THE REPORT OF THE

Appendix, Nos. 16 & 17. -Appendix, No. 14—continued. Dublin and Drogheda Railway. 16 tons at 2s. Qd. per cwt.

Dublin, Wicklow, and Wexford Railway. 12 tons 1G cwt. 2 qrs. 171b. at 5d. per ton per mile.

Irisji North Western Railway.

Quantity conveyed for Year ending 31st December, 1867—65 tons 19 cwt. 3 qrs. Rates of Carriage—Derry to Dublin, 60s. per ton ; Derry to London, via Dublin, 95s. per ton; Derry to Birmingham and llaucliester, 60s. per ton ; Ballyshannon to Dundalk, 30s. per ton ; Stranorlar to Dublin, via Portadown, 26s. 3d. per ton ; Stranorlar to Dublin, via Enniskillen, 28s. 4cZ. per ton.

Appendix, No. 15.

Rivers, the Tidal and Fresh Water Boundaries of which have been defined.

River. Boundary. Date. ______

Suir, A line drawn across river at and opposite to the most up-stream part of the Coolnamuck eir, 16th March, 1864. N ore, The Innistiogue Bridge, ...... _ • • • 16th March, 1864. Barrow, The lowest Weir or Dam used for navigation purposes, near St. Mullins, in county Carlow, . 16th March, 1864. Shannon, The Weir or Dam known as the Corbally Mill Weir, . . . . • • • • 9th April, 1«64. Fergus, . . * . The Bridge commonly known as the New Bridge, immediately below the Club House, at Itnnis, 9th April, 1864. Liffey, . The Weir or Dam on said river known as ti e Island Bridge Weir,...... 12th August, 1864. Maigue,. The Bridge across river immediately outside and seaward of the Adare Demesne, 12th August, 1864. Lee, The Weir or Dam at the Water Works of Cork, known as the Water Works Weir, 12th August, 1864. Bandon, The Bridge at Innoshannon, known as the Innoshannon Bridge. . . . 19th January, 1865. Carragh, The Carta zh Bridge, being the Bridge immediately seaward of the Salmon Weir, . 19th January, 1865. Laune, . The shallow at the head of the Pool, commonly called the Cat Pool,...... 2t;th July, 1865. Maine, . A straight line drawn across river at right angles with its course at the boundary between the towulands of Cloolclieve and Ballyfinnane, . • • 26th July, 1865. Moy, . The foot of the falls immediately below the Weirs at Billina, ...... ’26th July, 1865. Inch, Adare Bridge, ...... 1st February, 1866. Slaney, . .. Bridge...... 1st February, 1866. Boyne, . Cat. al Lock at Oldbridge ......

Appendix, No, 16.

List of Mill Weirs, Obstructions, &c., surveyed for Fish Passes, and of Fish Passes built.

River. Name of Weir or Obstruction, u River. Name of Weir or Obstruction. i ______5______Shannon, •’ Hen,Tl . Lurrega (Pass built). Tarmonbarry, J | Lee, . Ballincollig (in progress). Nenagli, Clarianna. 1 ’’ Gill Abbey. 4 « • Grange. Water Works (in progress). Riverstown. I Bride, .’ ()ven‘s Mills. H Tvone. 1 * « * Bride Mills. H (’ah era's. Burnt. Mills. 15 Ball vartJia. Middleton, Alien’s Mills. Mulcaire, Ballyclongh (Pass built). KnocI rifb'n. Annacotty, Annacotty. Boyne, Nav. built). A bingtou. Bla<. asllo (Pass built). Maigue, (’room. Blackwater, Vance’s : Pass built). ]’ ergus, Ennis (Pass built). I ’ee, White dills. Spiddul, Spiddal ball (Pass built). Eske, . Drindagl.t. Suir, Cahir. Oily, . Mi 11 town. 11 • (’lomnel. >1 • Miltown Cloth. >1 • Poultrcalagh. Oil y. M A It a villa. Newport, Newport (in progress). Blackwater, benncty (Pass built). Mourne, • Sion Mills, SPECIAL COMMISSIONERS FOR IRISH FISHERIES. 47

Appendix No. 17. Appendi No. 18. List of Stone Weirs in Ireland used for Salmon Fishing, with their Breadth, and the size of the Queen’s Gap or share maintained therein respectively.

Size of Name of Queen’s Gap Breadth of previous to Stream. passing of Observations. 26 & 27 Vie., Fishery District. River. Weir. c. 111.

Ft. in. Ft. in. Ballinakill, Bundorragha, . Bundorragha, . about 60 0 10 0 Not used. Ass or Errive, . Ashleagh, „ 60 0 N o gap, Ditto. Bangor, Owcnmore, Goulamorc, „ 429 0 No gap. Ditto. Munhim. . Munhim, . 34 0 No gap, . Ditto. Newport, . Newport, . 158 4 Gap to be opened 15 feet 10 inches. Ballina, Moy, Ballina, . 341 8 No gap. Gap ouened 34 feci 2 inches. Ditto, . Foxford, . 295 10 11 0 Gap opened 29 feet 7 inches, and not used. Sligo, Sligo, 432 0 No gap, Not used. Bally shannon, . River Erne, Ballyshannon, . 284 0 A fishing mill-dam. Plan of pass prepared. Bundrowes, Btmdrowcs, 68 4 No gap, Gap opened 6 feet 10 inches. Inver, about 105 0 No gap, Not used. Ditto, Esko. „ 82 0 N o gap, Ditto. Coleraine, . Bann, The Cutts of Coleraine, 455 0 . 18 0 A fi:hingmill-dam. Pass, 30 feet in breadth, \ opened. Ballycastle, Bush, 230 0 No gan, . Gap opened 12 feet 9 inches. Drogheda, . Boyne, Oldbridgc, 240 0 22 6 Gap opened 24 feet. Ditto, Rosnaree, 300 0 13 and 35 Gap opened 30 feet. Ditto, Newgrange, 224 0 No g..p, . Gap to be opened 18 feet. Lctterkennv, . Leenane, . Rathmelton, 159 0 No gap, Two Gaps opened of 6 feet each. Lackagh, . Lackagh,. 211 0 N o gap, Open and not used. Gap to be 20 feet. Owenea, . Owenea, . 145 0 No gap, Gap opened 14A feet. Londonderry, Finn, Killygordon, about 198 0 No gap, . Do. ordered to be 20 feet. Buncrana, Buncrana, 180 0 No gap, . Gap opened 13 feet. Waterford, Norc, Innistiogue, 173 0 47 0 Gap, 60 feet. Ditto, Rockview, 93 0 47 0 Do. 78 feet. Ditto, . Jerpoint, 99 0 49 0 Do. 66 feet. Ditto, Dysart, 93 0 44 0 Do. 47 feet. Suir, Coolnamuck, 176 0 45 0 Do. 47 feet. Toy, Woodhouse, 55 0 No gap, Do. 6 feet. Lismore, ... Blackwater, Lismore Weir, . 315 0 Ao gap, Gap opened 31 feet 6 inches. Cork, ... Lee, The North Lee Fish- 408 0 No gap, A fishing mill-dam. Not fished. ery Weir or “ Hayes’ Weir.” Ditto, . The weir above Wei- 780 0 No gap, Ditto. lington Bridge. Ditto, “The Upper Gill Ab- 378 0 No gap, Ditto. bey Weir.” Ditto, “ The Sugar House 114 0 No gap, Gap to be opened 11 feet 5 in dies. Weir.” Killamey . Carra, Carra, 160 0 No gap, Gap opened 16 feet. Waterville or Cur- Waterville, under 40 0 No gap, Extension of weekly close season from noon raun. on Friday to noon on Monday ordered instead of gap, stream being under 40 feet—26 & -7 Vic., c. 114, s. 11.

Limerick, Shannon, . Lax Weir, 840 0 21 0 Gap opened 50 feet. Galway, . . Gal wav, . Galway Salmon Weirs, 205 10 16 0 Gap opened 20 feet 7 :nchos. Owcnmore or Great Ballii'i.liinch Trout 228 0 No gap, Gap opened 22 feet. River. and Salmon Weirs. Spiddal, . Spiddal Salmon Weir. varies grcitlv. No gap, Ditto. 12 feet. 283 0 to 12 0 Furbougb, The Furbougb Salmon 14 0 No gap, Ditto, 3 feet. Weir. 1 Dublin: Printed by Alexander Thom, 87 & 88, Abbey-street, For Iler Majesty’s Stationery Office.