166 ST/TUTE LAWS RELATING TO 



u t 



good and sufficient conservators of this statute, as it is 

 ordained in the statutes of Westminster / and that they 

 " shall punish the offenders after the pain contained in 

 " the same statute, without any favour thereof to be 

 M shewed/' 



As no specific remedy is pointed out by these 

 statutes, I apprehend the only course to give them 

 effect is by indictment at the sessions, and that is a 

 remedy which is too often worse than the disease j 

 no individual in his senses will incur the risk, un- 

 certainty, and expence of a proceeding of this sort - y 

 therefore it may be said that this was a very ineffec- 

 tual law, and that our code had not then been orna- 

 mented by the discovery of " summary conviction/* 

 It however appears that the legislature was very 

 much dissatisfied with the conduct of the conserva- 

 tors, for neglect of duty, as appears by the act which 

 next follows, though it does not appear that those 

 whom they next appointed had been more diligent ; 

 if they had, we should not now have so many public 

 nuisances as have been the ruin of the fisheries. 

 Young salmon ought not to be taken at any time of 

 the year, much less in the time prohibited by the 

 foregoing statutes. 



17 Rich. II. c. 19. 

 Justices of the peace shall be conservators of the sta- 

 tutes made touching salmon. — " Item, after confirming the 

 M 13 Ed. I. and the 13 Rich. II., but which statutes have 

 M not been hitherto didy executed from default of good con- 

 " servators, as our lord the king hath perceived by com- 

 « plaint made to him in this present parliament ; where- 



64 fore it is accorded and assented , that the justices of the 



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