( 106 ) 



in possession, to forfeit all the young of salmon found in his 

 possession ; all rods, lines, nets, devices and instruments used 

 in committing any of the above offences : and shall for each 

 offence pay a penalty not exceeding 5. 



CX. "No person, whether the owner of a salmon 

 fishery or a trespasser, is permitted 



Other illegal mode of fishing. , J . , ,. , , 



to fish with lights, spears, gaffs, stroke- 

 halls, snatches, or the like instruments, or even to have such 

 things in his possession with the intent .to catch salmon" 

 (p. 143). 



CXI. " The section primd facie subjects to a penalty 



Poisoning waters. &U ^ falOWmgly put _ poisonOUS 



matter into waters containing salmon 



or any tributaries thereof. Therefore, the waters include 

 the sea, mouths of rivers, and even tributaries where 

 no salmon may usually be found. The test of poison- 

 ing is one of quantity, and of course the quantity of matter 

 must be greater to poison fish in a large river than in a small 

 stream. Eat it is not necessary that the fish be actually 

 killed, if the quantity was reasonably calculated to kill fish 

 which at the time might be there" (p. 136). " If any fish 

 are killed, whether salmon or not, this is conclusive evidence 

 of the killing power of the quantity put into the stream" 

 (p. 137). "The tributary need not contain salmon in order 

 to be protected" (p. 137). " The common law gives no right 

 to any person to pour offensive matter into streams so as to 

 prejudice the rights of those living nearer the sea" (p. 138). 

 Penalty first conviction, not above 5 ; second, not exceed- 

 ing 10, and 2 for every day during which such offence is 

 continued; on third or subsequent conviction, 20 per day 

 during which such offence is continued, commencing from 

 the date of the third conviction. 



CXII. " It is a criminal offence for any fisher, whether 



the owner of a fishery or a poacher. 



Fish -roe. , n n i 



to use fish-roe for fishing, or to buy 



or to sell or have salmon roe in one's possession." " Scientific 

 and other legitimate purposes are expressly excepted." "If a 

 person were to buy some salmon roe, offer to sell some to A, 

 then sell some to B, and keep the rest, it seems he may be 

 guilty of four offences in one day" (p. 145). 



CXIII. " During the open or fishing season, a space of 

 nearlv two days is given, i. e., from 



Weekly close time m England. _ _ . ' 



12 noon on Saturday to 6 A. M. on 

 Monday, for fish to have a free run. Hence no fishermen are 



