214 STATUTE LAWS RELATING TO 



plary punishment lost to the public. The expence 

 must be nearly the same. 



How far it is right that owners of one fishery upon 

 a river, should be competent witnesses to prove 

 offences committed by the owners of other fisheries 

 upon the same river, must be determined. It seems 

 contrary to the spirit of English law, and breaks 

 down the boundaries of evidence, which generally 

 incapacitate as witnesses all persons who are in- 

 terested. Circumstances might arise in this par- 

 ticular instance to render such testimony dan- 

 gerous. In some cases, such as requiring a man 

 to prove his own qualifications to kill game, it may 

 be necessary to reverse the order of things ; but how 

 far it is necessary in such a case as this, when the fact 

 can be proved by other means, is another question. 

 Though the penalties may be recovered by sum- 

 mary conviction, yet an alternative power is given 

 to an informer by qui tarn action. 



Lords of manors may appoint conservators 

 within their manors. Now this is a very great 

 evil, and if ever another act should be passed re- 

 lating to the salmon fisheries, this power should be 

 altogether withheld ; or, if conceded, the sessions 

 should retain not only a concurrent jurisdiction, 

 but a controlling power to appoint conservators 

 likewise within and over such manors. This may 

 appear wrong at first ; but I ground my opinion 

 upon a fact, and there may be many such facts for 

 aught I know. There is no calculating upon hu- 

 man "consistency or propriety in individuals where 



