THE SALMON AND CHANNEL FISHERIES. 203 



an incorporation of improper matter with the water. 

 This is saying something, and doing nothing, be- 

 cause the offence is one which is never practised ; 

 and if it be practised, it is an offence at common law, 

 indictable before the sessions, and punishable in a 

 much more exemplary and effectual way than that 

 provided by this heterogeneous act. A mischievous 

 farmer's apprentice may have been known to throw 

 a stone of lime into a brook in order to catch a 

 few trout, but this is a very rare occurrence ; and 

 it is so because happily it defeats itself, since the lime 

 corrupts the fish, and makes them unwholesome. 

 Bad as human nature is, it is not often that it in- 

 dulges in mere wanton mischief to answer no end 

 at all. When a public mischief is committed, it is 

 to answer some private end or other : either per- 

 sonal revenge or individual advantage ; in the pre- 

 sent case, if the one, it can but seldom occur, 

 and only in particular places ; the other can never 

 happen at all : this, then, amounts to nothing. 



It next says, that no such means (that is, of 

 the lime, &c.) shall be employed, or any Jlre-light 

 or white object used, or any engine for destroying 

 the spawn or brood. 



Fire and white objects are used to attract the old 

 breeding Jish within the reach of the spearer, that 

 they may be struck with greater and more certain 

 effect with that instrument, not to destroy the 

 spawn. 



The destruction of the spawn by other improper 

 means is prohibited by former acts, as well as the 



