490 SALMON LEGISLA TION IN SCOTLAND. 



HOME DRUMMOND'S ACT. 



Coming down to the iQth century we find that an Act 

 (9 Geo. IV. c. 39) was passed in 1828, being the first Act 

 relating to Scotch salmon fishings since 1705, a period of 

 one hundred and twenty-three years. This Act is generally 

 known as " Home Drummond's Act," and is still partially 

 in force. It contains several provisions intended for the 

 preservation of salmon, the most important of which post- 

 poned the commencement of the annual close time, and 

 extended the whole period to one hundred and thirty-nine 

 days. Previous to this the close time lasted only for about 

 one hundred and seven days, though it commenced earlier. 

 It was regulated by an Act of James I., 1424, c. 35, the 

 provisions of which were merely confirmed or re-enacted 

 by other Acts passed between that date and 1705. This 

 Act of 1828 is generally considered to have done much 

 more harm than good to the fisheries, because, instead of 

 protecting them by prohibiting netting at the time when 

 netting was most destructive, viz., at the end of the open 

 season, it actually withdrew the protection which formerly 

 existed, and permitted netting to encroach for three weeks 

 (August 26 to September 15) into what had before been 

 close time. The nominal extension of the close time to 

 one hundred and thirty-nine days, therefore, was illusory, 

 the addition being made at the beginning of the former 

 open season, when it was unnecessary, or of little conse- 

 quence. The Act also made no concession to the upper 

 proprietors, by permitting rod-fishing to go on for a week 

 or two after the nets were stopped, and thus the upper 

 proprietors were not encouraged to afford any protection to 

 the fish while breeding in their waters. Taking into con- 

 sideration the fact that only three years before a Select 



