§ MR. HUMBERSTONsaid, he wished to call the attention of the House to the Petition of Mr. Robert Topham, showing, that by the operation of the Salmon Fisheries Act, 1861, he has been entirely deprived of his right of fishing for salmon in his chartered fishery in the Dee, at Chester, without compensation or redress, and that his property in that fishery has thus been virtually confiscated; and to move—
That, in the opinion of this House, a wrong has been done to Mr. Topham in this case, and that a remedy should be applied to redress it.The Act provided, that unless a certain fish pass was placed upon the weir, the owner was prevented from using his salmon cage or fishing his fishery, and it appeared that by the operation of the Act Mr. Topham was placed in this dilemma—if he erected the fish pas?, he injured the mill to a greater value than his fishery; and if he neglected to do so, he lost his tenant. The tenant, supposing that he was exempt from the operation of the above-mentioned provision 993 by another clause which had reference to ancient rights, continued to fish; but the penalties of the Act had been enforced, and upon an appeal the prohibition was held to apply in the case.
§ MR. SPEAKERsaid, it was not competent for the hon. Member to make a Motion, the House having already decided that the words proposed to be left out should stand part of the Question.
MR. H. A. BRUCEobserved, that if there was any reasonable cause of complaint it ought to have been brought forward when the Act was under consideration. He might add, that the same question as that to which the hon. Gentleman had called attention was raised in the discussion upon the Irish Salmon Fisheries Bill, and the House of Commons in that case was not prepared to interfere with a view of making any relaxation in the operation of the Act.