( 100 ) 



in possession, — to forfeit all the young of salmon found in In's 

 l)ossession ; all rods, lines, nets, devices and instruments used 

 in committing any of tlie above offences: and shall for each 

 offence pay a penalty not exceeding £5. 



ex. "No person, Avhetlier the owner of a salmon 

 ,^ . fishery or a trespasser, is permitted 



Othor illegal mode of iisliiiig. . /» i ■,] i- i , A- i i 



to listi With lights, s])ears, galls, stroko- 

 lialls, snatches, or the like instruments, or even to have such 

 things in his possession with the intent to catch salmon" 

 (p. 1-13). 



CXI. "The section 2^^'i»in facie subjects to a penalty 

 „ . . , all who knowinc'lv put poisonous 



matter into waters containing salmon. 

 or any tributaries thereof. Therefore, the waters include 

 the sea, months of rivers, and even tributaries Avliere 

 no sahiiou may usually be found. The test of i:)oison- 

 ing is one of quantity, and of course the quantity of matter 

 must be greater to poison fish in a large river than in a small 

 stream. But it is not necessary that the fish be actually 

 killed, if the quantity was reasonably calculated to kill fish 

 which at the time might be there" (p. 136). " If any fish 

 are killed, whetlicr salmon or not, this is conclusive evidcmce 

 of the killing power of the quantity put into the stream" 

 (p. 137). "The tributary need not contain salmon in order 

 to be protected" (p. 137). " The common law gives no right 

 to any person to pour offensive matter into streams so as to 

 prejudice the i-ights of those living nearer the sea" (p. 138). 

 Peiialli/—{'\v&i conviction, not al)ove £5 ; seconil, not exceed- 

 ing £10, and £2 for every day during which such offence is 

 continued ; on third or subsequent conviction, £20 per day 

 during M'hich such offence is continued, commencing from 

 the date of the third conviction. 



CXII. " It is a criminal offence for any fisher, whether 



the OAvner of a fishery or a poacher, 



to use fish-roe for fishing, or to buy 

 or to sell or have salmon roe in one's possession." " Scientific 

 and other legitimate purposes are expressly excepted." "If a 

 person were to buy some salmon roe, offer to sell some to A, 

 then sell some to 13, and keep the rest, it seems he may be 

 guilty of four offences in one day" (p. 115). 



CXIII. " During f he open or fishing season, a space of 

 ,„ ,, , ,. . ^ , , nearly two days is given, i, e., from 



Weekly cluse time in Eiiglund. _ _, •' r, , -x , n 



12 noon on Saturday to 6 A. M. on 

 Monday, for fish to have a free run. Ilence no fisheriueu are 



