224 THE FISHERY LA WS. 



which is being already worked, until that other is drawn in 

 and landed. 1 Fine up to $ is the penalty for breaking 

 either of these rules. The use of nets may be regulated 

 in various other ways, and net fishing at night, except for 

 eels, prohibited altogether, under local by-laws made by 

 conservators. 2 



Further, no salmon fishing of any kind may be carried 

 on in a fishery district without a licence, on pain of fines 

 which (as far as I can make out from the different pro- 

 visions of two Acts) may amount to 20 for using any 

 unlicensed instrument other than rod and line "for 

 catching salmon," and $ for assisting in such use, or 

 fishing for salmon with any such instrument ; or killing 

 them with any such instrument without actually catching 

 them ; or taking or killing them, or attempting so to do, 

 without any instrument at all. In the case of the un- 

 licensed angler or user of an instrument, the penalty must 

 not be less than double licence duty. There is a distinct 

 penalty up to I for every salmon caught. 3 



The money paid for licences goes to defray the expenses 

 of administering the Acts. 4 Local boards of conservators 

 now have power to extend the licensing system to trout 

 and char as well as salmon fishing, if they think fit. 5 



Against the wholesale destruction of fish, whether by design 

 or by negligent pollution of rivers, there are special pro- 



1 1873, s. 14- * 1873, s- 39- 



8 1865, ss. 35, 36; 1873, s. 22, which purports not to affect the 

 former enactments, in other words, makes a Chinese puzzle of them by 

 leaving it as uncertain as possible what addition to the law was really 

 intended. I suppose it was thought doubtful whether the offence of 

 using an unlicensed instrument "for catching salmon" would be 

 committed if none were in fact caught ; if so, the fear was groundless 

 (see Ruther v. Harris, i Ex. D. 97). 

 * 1865,5. 33. 1878,5.7. 



