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still regulates the fishery in the Forth, the Tay, and many 

 others of the principal rivers, the fishing season ending, 

 and the close or forbidden time beginning, on Assump- 

 tion Day, old style, that is 26th August; and the close 

 or forbidden time ending, and the fishing season again 

 beginning, on St. Andrew's Day, old style, being 10th 

 December. But, although it regulates the Forth, the 

 Tay, and some others, yet it does not regulate all 

 the rivers. In many of them the seasons are altogether 

 different ; special enactments, in some instances, and in 

 others, common consent, supported by prescriptive usage, 

 having sanctioned a departure from the regulation of the 

 ancient statute. Thus, in the Tweed, the Solway, the 

 Don and Dee, the North Esk, and other rivers, the 

 fishery is allowed to be carried on until a much later period 

 than 26th August ; in some until near the close of Sep- 

 tember; and, in others, until the middle of October. And, 

 on the other hand, while, as already noticed, the close- 

 time ends, and the fishing season begins in the Forth, the 

 Tay, and most other rivers, on 10th December ; it begins 

 so early as 30th November in the Spey and some others, 

 and not until 10th January in the Tweed, and 2d Fe- 

 bruary in the North Esk and the rest. 



This single circumstance, that the existing laws per- 

 mit of such diversity as to the time of fishing within the 

 different districts of the same kingdom, is of itself a 

 satisfactory proof that the present regulation of the 

 close-time is not what it ought to be. There can be no 

 natural principle, arising from change of climate or any 

 other cause, to warrant so great a variation as exists be- 

 tween the fishing seasons in the various rivers. And from 

 experience, we are warranted in drawing the same conclu- 

 sion : for practical fishers, as well in the fresh water 



