THE SALMON AND CHANNEL FISHERIES. 179 



lawful engines, coops, and traps upon the rivers 

 and rivulets in this county, so particularly favour- 

 able to the breed of salmon. The inquisition of a 

 jury is a very constitutional way of investigating 

 offences, but the conservator should have the power 

 of seizing the unlawful nets in the first instance, 

 instead of first giving evidence of such illegal nets, 

 and then trying to seize them when they are not to 

 be found. The most satisfactory and decisive evi- 

 dence of the existence and state of a thing is the 

 thing itself; and therefore the net should be taken 

 and presented to the jury, which is more conclu- 

 sive than a thousand oaths. It has been determined 

 that the killing ever so many hares on one day, 

 incurs only one penalty. I suppose the law is the 

 same in killing fish ; and the occupiers of fish 

 coops, and those who use small mesh nets, can very 

 well afford to pay this trifling sum, which is but 

 20s. per day for all the fish they catch, if they 

 should be compelled to do it. It is another very 

 important part of this act, that in default of pre- 

 sentments to the leet, of offences after a year, the 

 sessions and judges of assize have jurisdiction over 

 them ; this is shamefully neglected ; but I hope 

 will not be so for the future, as it may be done at 

 any time. Though there are many important 

 points established by this act, yet generally speak- 

 ing, it must be admitted that it stands in much 

 need of reformation and amendment. The laws of 

 " summary conviction," as before observed, were 

 unknown in those days ; and though they now form 



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