ALASKA INDUSTRIES. 429 



stream of water, bay, or inlet of the sea, or river of this State, at any season of the 

 year between sunset on Saturday and sunset on the Sunday following of each and 

 every week. 



Sec. 3497. Any person who shall violate this act, either by tishiug with the means 

 and apjiliances aforesaid or hiring others to do so, shall be guilty of misdemeanor, 

 and be lined in any sum not less than liftj' nor exceeding one hundred and fifty dol- 

 lars, and by imprisonment in the county jail of the proper county not less than five 

 days nor more than ten days. 



Sec. 3498. Justices of the peace shall have concurrent jurisdiction in such cases. 



No. 3. — Extracts from a treatise on the law of Scotland relating to rights of fishing, by 



Stewart. 



SALMON FISHING POACHING AND OTHER OFFENSES. 



Fishing by means of a light, etc. — By the act 1868 (31 and 32 Vict., c. 123, 17) it is 

 enacted "that every person that shall use any light or fire of any kind, or any spear, 

 leister, gaff, or other like instrument, or otter, for catching salmon, or any instru- 

 ment for dragging for salmon, or have in his possession a light or any of the afore- 

 said instruments under such circumstances as to satisfy the court before whom he 

 is tried that he intended at the time to catch salmon by means thereof, shall be 

 liable to a penalty not exceeding £5, and shall forfeit any of the aforesaid instru- 

 ments and any salmon found in liis possession; but this section shall not apply to 

 any person using a gaff as auxiliary to angling with a rod and line." 



Dynamite. — No person may kill fish in the United Kingdom by means of dynamite 

 or any explosive (40 and 41 Vict., c. 65.) 



Catching salmon leaping at a fall. — By the act 1868 (31 and 32 Vict., c. 123, 15, sub- 

 sec. 5) it is enacted that " every person who 'sets or uses, or aids in setting or using, 

 a net or any other engine for the capture of salmon when leaping at or trying to 

 ascend any fall or other impediment, or when falling back after leapiug,' shall be 

 liable to a penalty not exceeding £5, and to a further penalty not exceeding £2 for 

 every salmon takeu, and shall forfeit the salmon so taken; he shall further be liable 

 in the expenses of the prosecution." 



^Vith regard to this prohibition, it seems only necessary to remark that it extends 

 only to machinery of a fixed nature, and imports no prohil)ition of dragging pools 

 lying at the foot of falls. 



Taking or destroying the young salmon or obsirueting their i^assage, or disturbing spaivn- 

 ing beds. — By the act 1868 (31 and 32 Vict., c. 123, 19) it is enacted that " every per- 

 son who shall willfully take or destroy any smolt or salmon fry, or shall buy, sell, or 

 expose for sale, or have in his possession the same, or shall place any device or engine 

 for the purpose of obstructing the passage of the same, or shall willfully injure the 

 same, or shall willfully injure or disturb any salmon spawn or disturb any spawning 

 bed, or any bank or shallow in which the spawn of salmon may be, or during the 

 annual close time shall obstruct or impede salmon in their passage to any such bed, 

 bank, or shallow, shall be liable to a penalty not exceeding £5 for every such offense, 

 and shall forfeit every engine used in committing such offense, together with any 

 smolt or salmon fry found in his possession." 



The clause goes ou to declare that this provision shall not " apply to acts done for 

 the purpose of the artificial propagation of salmon or for other scientific purposes, 

 or in the course of cleaning and repairing any dam or mill lade, or in the course of 

 the exercise of rights of jiroperty in the bed of any stream." It provides also that 

 the district board may, with the consent of all the proprietors of salmon fisheries in 

 any river or estuary, adopt such means as they think fit for preventing the ingress 

 of salmon into narrow streams, in which the fish or the spawning beds are, from the 

 nature of the channel, liable to be destroyed, but always so that no water rights 

 used or enjoyed for the purpose of manufactures, of agriculture, or of drainage shall 

 be interfered with thereby. 



" No fixed engine of any description shall be placed or used for catching salmon in 

 any inland or tidal waters; and any engine placed or nsea in contravention of this 

 section may be taken possession of or destroyed ; and any engine so placed or used 

 and any salmon taken by such engine shall be forfeited; and in .addition thereto, 

 the owner of any engine placed or used in contravention of this section shall, for 

 each day of so placing or using the same, incur a penalty not exceeding £10; and 

 for the purposes of this section, a net that is secured by anchors or otherwise tem- 

 porarily fixed to the soil shall bo deemed to be a fixed engine; but this section shall 

 not affect any ancient right or mode of fishing as lawfully exercised at the time of 

 the ])as8ing of this act by any person by virtue of any grant or charter or imme- 

 morial usage : Provided, always, That nothing in this eectiou contained shall be deemed 

 to apply to fishing weirs or fishing milldams."' 



