: 



( 107 ) 



allowed to fish for or catch fish during this weekly close time, 

 by any means whatever, except rod and line. The penalty is 

 a "forfeiture of the net or moveahle instrument used, and a 

 penalty of 5 and 1 per fish taken" (p. 156). " The 

 owners of putts or putchers are not obliged to draw them up 

 during weekly close time, but they must let down a net 

 or other device, so as to put them out of gear during those 

 hours, and the owners of all fisheries where fixed engines are 

 lawfully used shall leave all their cribs, boxes or cruives 

 open during the weekly close time" under the above penal- 

 ties. 



CXIV. " The close time for salmon fishing is fixed by 

 the statute, and it is illegal to fish sal- 

 ^on between the 1st day of September 

 and the 1st of February following, 

 inclusive, or for anglers to fish between 2nd of November 

 and 1st of February following, both inclusive. The fish are 

 forfeited, and the penalty increases with the number of fish 

 caught." " All proprietors of fixed engines must remove their 

 apparatus of boxes, cribs, &c., within 36 hours after the com- 

 mencement of the close season, i.e., of 1st September, so as 

 to allow the fish free course, otherwise the engines are forfeit- 

 ed, and 10 per day is the penalty" (p. 155j. 



CXV. " No person, whether the owner of a fishery or 

 or not, is allowed to take, buy or 

 sell or possess unclean or unseasonable 



salmon, excepting accidents and scientific purposes." " ' To 

 take' does not imply manual possession of, or dominion over, 

 the fish. The buying seems to be one offence, selling another, 

 &c., even though in reference to one and the same individual 

 fish, and the penalty attaches on each fish bought, &c. ; thus 

 cumulative offences may attach to one fish" (p. 149J; penalty 

 for each offence, 5. 



CXVI. "The wilful disturbance or catching of salmon 

 when spawning or near their spawn- 

 ing beds is punishable with a fine of 



5 ; but catching salmon for scientific purposes is excepted" 

 (p. 151). 



CXVII. From the foregoing extracts it will be seen 

 "that the fishing that a subject hath 

 in this or any private or public river 



or creek, fresh or salt, is subject to the laws for the conserva- 

 ion of fish and fry, which are many" (Hale). Patersou 

 ibserves respecting the fishery law " the chief object of the 



