150 APPENDIX. 



gislature for the last eight years, but it may be ca- 

 sually observed, that the proper course respecting it 

 should be, one, in which the principle to be adopted 

 should be, to compensate for additional waste, by ad- 

 ditional restriction. 



A more stringent protection of the salmon in the 

 spawning season, will form a very important consi- 

 deration in the amendment and consolidation of the 

 law : the penalties in the present Act bear too great 

 a disproportion to the oifence. 1 have prosecuted 

 extensively under these Acts, and have found, that 

 poachers and other offenders make it a subject of 

 calculation, as to profit and loss. The poacher, no 

 doubt, conceives that he is doing a good business 

 when the penalty is ten shillings, and the offence 

 produces him double the amount ; but the offence of 

 killing salmon on a spawning bed, is one against so- 

 ciety, and one that ought to be visited with severe 

 punishment ; and the facilities for its commission are 

 so great, that without an exemplary penalty it can- 

 not be repressed. It has been calculated, that the 

 destruction of a pair of brood salmon on a spawning 

 bed, is a loss to the public of nearly two tons of food. 

 I can refer to a pubhcation — Marshall on Landed 

 Property — which proposes to make it a felony to 

 kill salmon on a spawning bed. I would not cer- 

 tainly go that length, but the Legislature will be 

 called upon, to affix a sufficient penalty to repress 

 that pernicious and increasing offence, A sanction 

 higher than human laws has said — Let the waters 



