AND ANGLING SONGS. 385 



of bull-trout in a foul state, quite unfit for food, but not on thzit 

 account less sought after by the ' black-fisher.' 



Fourthly, The application of this section to Tweed only acts 

 as a deterrent to the conscientious angler, who has a proper 

 respect for the law. Upon such it presses unfairly, narrowing 

 to a certain extent his field of sport ; whereas the rod-fisher, who 

 has no such scruples, finds ample opportunities, away from all 

 possibility of detection, to carry on this illegal practice. 



Fifthly, This application, by multiplying the duties of the 

 river force, has the effect of weakening its efficiency as a protec- 

 tive body over those portions of Tweed and its tributaries where 

 salmon-poaching is actively carried on. A levy is hereby placed, 

 and that merely for the purpose of watching the movements of 

 the trout-fisher, on the time, tact, and energies of the river police, 

 whose proper functions point to another direction, and are ex- 

 pressly set forth in the Acts of 1857 and 1859. By several 

 decisions founded on this application of the section to Tweed, 

 these employes have been virtually recognised in the full and 

 becoming discharge of their duties, and as meritorious guardians 

 of the river, in acting the part of Hers- in- wait for persons in the 

 open season pursuing the sport of trout-fishing, who have been 

 tempted to make use of salmon-roe, in the hope of securing with 

 it a happening bull-trout or black-tail. The letter of the law, as 

 it at present stands, favours the recognition ; but the effect of it 

 is to place this or that water-bailiff in a position to plead exemp- 

 tion from the more onerous, pressing, and hazardous duties of his 

 vocation. It now forms a leaf in his instructions to dodge and 

 detect the salmon-roe fisher, or the captor with rod and line of 

 the buccaneer of our rivers ; and to do this effectually it becomes 

 necessary that the strain on his vigilance should be kept in ope- 

 ration during those very hours in which the serious business of 

 the salmon poacher is at a stand-still. With this diurnal claim 

 upon his exertions, what reserve of inclination, not to say pluck 



2 B 



