76 ON THE CHANNEL-FISHERIES. 



cumstances, and as they shall think proper ; during 

 which time that such rivers shall be put in defence 

 as aforesaid, it shall not be lawful for any person 

 or persons whomsoever, to take, kill, or destroy 

 any salmon, or salmon trout, or fish of the salmon 

 kind, or any brood, shed, salmon, or fry of such 

 fish, by net, coop, spear, or any other means or 

 device whatsoever, or to keep down any gratings, 

 or other obstructions at mills or other places, to 

 prevent the free passage and repassage of such fish 

 to and from the sea; and every person so offending 

 shall for every such first offence forfeit and pay 

 the sum of fifty pounds ; for the second offence, the 

 same penalty, and commitment to hard labour for 

 three months ; and for the third offence, felony* 

 and transportation for seven years t ; and every 

 person purchasing such fish during such fence days, 

 or having the same in partt or in whole, in his, her, 



* This Act must be repealed in the first instance, as every 

 part of it which ought to be preserved is included in the follow- 

 ing Bill. 



f Every man who fishes during the fence days, and after 

 the same are proclaimed, must do it knowingly and wilfully; 

 and therefore acts in open defiance of the law and the authority 

 of the magistrates : yet such are the propensities of a certain 

 description of people, that nothing but a very severe measure 

 will put an end to the destructive practice of spearing salmon. 



% As these poachers make a practice of dividing such salmon 

 as they destroy, into parts, under an idea that no conviction 

 can take place for possessing any thing less than a whole salmon, 

 to avoid all doubt, it is proper to provide against this objection, 

 though it has no foundation in justice, or perhaps in law, but I 

 know it has in fact. 



