90 



weigh the risk, and even the certainty of conviction. They 

 recommend that in every case where a maximum penalty is 

 imposed, a minimum be likewise provided, and the amount of 

 either proportioned to the circumstances of each breach of the 

 law. 



It may also be advisable to provide a minimum period of 

 imprisonment, with hard labour, for some offences. 



Penalties may be divided into, 1, trespass ; 2, fishing without 

 license ; and, 3, non-removal of nets during the close season. 



1. The law appears inadequate to protect ' several' fisheries 

 against trespassers, proceeding chiefly from the defect of the 

 absence of magisterial jurisdiction to repress angling where 

 unlawful in the open season*. (See the Memorial of the Lessees 

 of the Northern Rivers, June, 1848.) 



2. The penalty for fishing without having taken out a license, 

 does not seem sufficient to deter many persons, and might be 

 increased to not less than double, nor more than treble the duty 

 to which the instrument employed was liable. 



3. By rendering it compulsory to remove nets from the banks 

 of rivers, the police and water-bailiffs would be much aided in 

 preventing fishing at that period, when nets often left ' to dry 1 

 are used in the night, when it is difficult to detect the offenders. 



VII. DESTRUCTIVE IMPLEMENTS. It is very desirable that 

 the powers given by Acts of Parliament passed in Ireland, but 

 repealed by the Act of 1842 should be reconsidered with 

 respect to the use and possession of instruments which mani- 

 festly tend to the annihilation of the breed of fish.f 



* Examination of John Little, esq., Manager under the Lessees of the Moy. 

 (Evidence, page 417). 



Employs about 250 men as water-bailiffs, and about 80 fishermen. The 

 Fishery has fallen off very much since the Act of 1842, to be attributed alto- 

 gether to the working of that, and the Act since, principally by the increase 

 of poaching in the winter time. The Act has conduced to that increase, no 

 minimum penalties being attached to the killing of fish in the winter time, except 

 in the enactment passed last Session ; and that minimum is only upon the 36th 

 section of the 5 & 6 Victoria. The magistrates fine only for serious poaching. 

 In the winter of 1841 (before its passing) he had 113 prosecutions. 



1842 141 



1843 



1844 



1845 



1846 



1847 



1848 (up to 25th March) 



In perhaps two-thirds, convictions were obtained. 



heavily punished. The fines were not paid. Magistrates are generally unwill- 

 ing to punish under the provisions of the Act. Sometimes a penalty below the 

 minimum (10s.) is inflicted ; parties are seldom able to pay it, and go to prison. 

 They were usually sent there for a fortnight, and from a month to five or six 

 weeks. It is no punishment whatever ; they would rather go to gaol than to 

 the workhouse, being fed there, and not fed out of doors. 



f POISONING. The destructive practice called ' burning the water,' has long 



248 

 147 

 226 



286 

 309 

 229 



The parties were not 



