376 THE KEEPER'S BOOK 



confer a right of trout-fishing on the public, 

 whose right is no higher than in the case of 

 a non-tidal navigable river. It is right to 

 warn inquirers that Stewart in his book 

 makes some very misleading observations on 

 this subject, through a failure on his part to 

 make clear the exact extent of the rights of 

 the public in a navigable river. 

 Close Time. This extends from the i5th day of 

 October to the 28th day of February, both dates in- 

 clusive. (1902 Act, Section i.) 



Poaching and Illegal Practices and Tackle 



1. Act of Scots Parliament, James vi., 1607. It is 

 theftunder this old Act to take trout from a stank or pond. 



Note. A prosecution under it was upheld by the 

 Court of Justiciary in the case of a reservoir artificially 

 stocked with trout, December 1909. 



2. The Trout (Scotland) Act, 1845. It is illegal 

 under this Act for any person (other than proprietors 

 or those having their written permission) 



(1) To net trout or other fresh-water fish in any 



river, water, or loch, or to attempt to do so, 

 or aid or assist in doing so or attempting 

 to do so. (Section i.) 



(2) To trespass upon any ground, enclosed or un- 



enclosed, or any river, water, or loch with 

 intent to net trout or other fresh-water fish. 

 (Section 2.) 



