SALMON LEGISLA TION IN SCOTLAND. 507 



owing to the natural obstacles in the way, must necessarily 

 have been pretty often. Even now it is difficult to secure 

 the removal of the nets, &c., at the proper time if there is 

 not a constable or watcher looking on, while of course the 

 observance of the weekly close time is a matter of greater 

 difficulty still. While on this subject we may point out an 

 inconsistency between sections 15 and 24 of the Act of 

 1868. The former section imposes a maximum penalty of 

 $ for every breach of the annual or weekly close time, 

 and a further maximum penalty of 2 for every salmon 

 taken or killed in an illegal manner, together with optional 

 forfeiture of nets, boats, rods, &c. (section 31). Section 24 

 again enacts that every omission to do any act required for 

 the due observance of the weekly close time shall incur the 

 following penalties, viz. : (i) forfeiture of net or nets used ; 

 (2) a maximum penalty of 10 for each net in respect of 

 which such omission occurs, and a further sum not ex- 

 ceeding 2 for every fish taken or killed by means of such 

 nets during the weekly close time. Section 15 seems 

 directed against any positive infraction of the law, while 

 section 24 seems intended to punish negative infringements 

 in regard to the arrangement of the nets, &c, but it is 

 difficult to draw a distinction in effect between the two 

 sections. We are not aware that the point has ever actually 

 come up for decision, though it has been commented ori, 

 but there seems no reason to doubt that the penalties in 

 both sections could be inflicted for a single contravention 

 of the weekly close time, by means of nets at least. It is 

 not probable that this was intended. Again, the principal 

 penalty under the latter section for breach of weekly close 

 time is double that imposed by the former section for 

 breach of the annual close time. There is, however, in the 

 latter case the penalty provided by the 23rd section of 



