226 THE FISHER Y LA WS. 



require an action to be brought in the High Court of Justice to 

 settle the question whether he has used the " best practicable 

 means," and it is not hard to guess what, on such a question, 

 the bias of jurymen in a manufacturing country is likely to be. 

 Altogether, this enactment has the air of belonging to the 

 family, well known to English lawyers and administrators, 

 of excellent commands of the legislature so cunningly and 

 tenderly fenced about with safeguards for the liberty of the 

 subject that in practice nobody minds them. For whatever 

 reason, the pollution of rivers has in fact not ceased, and it is 

 by no means confined to the manufacturing districts. In the 

 mining country of the West of England it not infrequently 

 happens that an abandoned mine is started afresh for merely 

 speculative purposes, the foul water of the old workings 

 pumped out into the nearest river, and the fish destroyed, 

 without the conservators being practically able to apply any 

 remedy. Should they not have power in such cases to 

 issue an injunction and stop the mischief beforehand ? The 

 power of entering which may now be exercised on a 

 magistrate's order, 1 or a special order of the conservators, 2 

 is hardly enough. 



3. As to close times. 



This class of regulations is designed to prevent fish 

 from being recklessly taken during their periods of breeding 

 and migration so as to destroy the stock for future seasons. 



Young salmon must not be taken or destroyed, bought 

 or sold, or kept in any one's possession, except for artificial 

 propagation or other scientific purposes. A like rule 

 applies to " unclean or unseasonable " 3 salmon, trout, and 



1 1865, s. 31. 2 1873, s. 37. 



3 " Unseasonable salmon seem to be all salmon out of season, that 

 is, all salmon taken during the annual close time. Unclean salmon 

 would seem to be salmon unfit to be taken, wherever and whenever 



