248 THE RELATIONS OF THE STATE WITH 



were to give a preference to drift-net fishermen over traw- 

 lers, and to prohibit the use of trawl-nets. After a con- 

 sideration of the fact that the policy of Modern Fishery 

 Legislation is to give the greatest possible latitude con- 

 sistent with the preservation of fish from wanton destruction 

 to all methods of fishing, it is unnecessary to state that the 

 trawl-net restriction regulations are contained in the re- 

 pealed portion. The remainder of the Act enables the 

 Commissioners to brand herrings at any time within fifteen 

 days of salting, and it removes the restriction which pre- 

 viously compelled, in certain cases, the use of " great salt " 

 only. Additional facts to be noted are, that the fourth- 

 cran was established as the smallest legal measure for fish, 

 and that penalties were to be recovered either in the name 

 of the Secretary of the Board of Trade, or by a Sea Fishery 

 Officer. 



In the repealed portion of the Act of 1860 (23 & 24 

 Viet. c. 92), the restriction on use of nets, other than drift- 

 nets, was further enforced, and also the close time on the 

 whole West Coast of Scotland, elsewhere alluded to. The 

 noteworthy features in the remainder are the close time 

 below Ardnamurchan, and the authority given the Com- 

 missioners to appoint a superintendent, who has all neces- 

 sary powers, with the exception of inspecting the curing and 

 branding of fish, whilst those who obstruct him become 

 liable to a penalty of ^"50, or to sixty days' imprisonment. 



The Sea Fisheries Act of 1868 also leaves unrepealed , 

 five sections of a short Act for Scotland passed in 1861 

 (24 & 25 Viet. c. 72). By this a penalty extending to 20 

 is imposed on persons in the possession of herrings during 

 the close time for the West Coast of Scotland. In addition, 

 boats, nets, creels, boxes, or other articles containing the 

 fish, become liable to forfeiture, and the onus probandi that 



