SALMON-FISHERY OF SCOTLAND. 9 



enactment, or as a continuation of the old, it matters not must 

 be plain to all who read the Acts. While these later statutes, 

 therefore, remain on the Statute-Book, the engines in question 

 are beyond a doubt illegal in salt water, which comprehends 

 the whole coasts of the kingdom unless, indeed, the mere, 

 opinion of judges, as we said before, shall be deemed equivalent 

 to an Act of Parliament, by which the statutes are repealed, 

 or, which is the same, rendered useless. 



All then, we repeat, that is necessary to understand these 

 statutes is merely to read them, as all acts of the Legislature 

 intended for tJie guidance of the people ought to be read, in the 

 plain common-sense meaning of the words, when it is not 

 possible that the intentions of the Legislatures by which they 

 were framed can be mistaken. No series of statutes can be 

 more consistent, nor more full of good sense and knowledge of 

 the subject to which they relate. All the absurdity imputed 

 to them is owing, not in the least to themselves, but to the 

 ridiculous constructions which have been forced upon them. 



Some weight has been given to the opinion of Lord Stair 

 who remarks, 



" There is a special way of fishing by cruives and yairs, both in 

 fresh water and salt, all which cruives are absolutely prohibited to 

 be set in rivers in so far as the tide ebbs arid flows, as being de- 

 structive of the fry of all fishes."* 



Lord Stair's opinion is unquestionably entitled to respect in 

 most cases ; but on the point in question he admits that no 

 cases had been tried, and seems . to have bestowed but little 

 attention upon it. The truth appears to be, that, when he 

 wrote his book, he found it necessary to say something on the 

 subject ; and the little he did say, he said very superficially, 

 probably from a mere cursoiy glance at the statutes, which, at 

 the time, were deemed but of little importance, and which have 

 scarcely ever been looked at by lawyers previous to the stake- 

 net questions. Had his Lordship taken time to reflect, he 

 would have seen the absurdity of supposing that the "fry of 

 all fishes" could be destroyed in any part of rivers or fresh 



-- * C. 2,- tit. 5.. 



