18 



The first step towards Parliamentary interference, is to 

 ascertain distinctly the nature and extent of the evils to 

 be remedied. The chief of these seem to be referrible, 

 1. To the defective state of the existing law as to the 

 regulation of the close-time ; and, 2. To the prohibition 

 of the stake-net mode of fishing. 



I. As to the regulation of the close-time. 



A general regulation of the fishing season, originally 

 applicable to all Scotland, is contained in a statute of 

 King James I, passed in the year 1404. By this act, 

 it is forbidden, < that onie Salmound be slaine fra the 

 < feaste of the Assumption of our Ladie, quhill the 

 ' feaste of Saint Andrew in winter, nouther with netts, 

 nor cruives, nor nane uther waies.' And this statute 

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

 other 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 this act still regulates the 

 Forth, the Tay, and other rivers, 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 Sol way y 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, 



