" months won't carry to market, the localities are so remote. 

 " They won't keep. There is a great loss, even in the case of 

 " the lobsters caught on the Atlantic seaboard of these islands 

 " during the latter half of May, in their transit to the English 

 (i markets/' 

 Close time It is worth observing that the three months of June, July, 



under Act of an( j August, which the majority of witnesses thus indicate as 

 the best close time for both crabs and lobsters, are precisely the 

 months which the Act 9 Geo. II. c. 33. sec. 4, enacts as the close 

 time for lobsters. 



But there seems to be a general impression that the statutory 

 close time for Scotch lobsters provided by the 4th section of this 

 Act, though never expressly repealed, has fallen into desuetude 

 and is no longer binding owing to the long period of contrary 

 usage. It may be worth while examining whether this is really 

 the case or no. The greater portion of this Act was expressly 

 repealed by the Statute Law Revision Act, 1 867, but the 4th 

 section was not repealed. 



This section, which applies to Scotland alone, is interesting as 

 showing that the habits and natural history of the lobster had 

 been carefully considered by the promoters of the Act : — " And 

 " whereas the destroying the fry or spawn of any fish is highly 

 a prejudicial, especially such fish as do not wander, but keep 

 " about the coasts ; and whereas the principal time for the 

 " spawning of lobsters is from the beginning of June to the 1st 

 " of September, in which three months the lobsters crawl close 

 <l to the shore to leave their spawn in the chinks of the rocks, 

 " and as much under the influence of the sun as possible : Be it 

 " therefore enacted, by the authority aforesaid, that from and 

 " after the 1st day of June 1736, no fisherman, or other person 

 " or persons whatever, shall, with trunks, hoop nets, or any 

 " other way, take, kill, or destroy any lobsters on the sea coast of 

 ' ; that part of Great Britain called Scotland, from the 1st day 

 " of June to the 1st day of September yearly, under the penalty 

 " of 51. sterling for each offence, to be recovered by any person 

 " who shall inform and sue for the same upon a summary com- 

 " plaint before any two or more of his Majesty's justices of the 

 " peace of the shire on the coast where any such offence shall 

 " happen to be committed." 



According to the law of Scotland, a Scots Act, that is an Act 

 passed by the Parliament of Scotland previously to the Union 

 of England and Scotland, may cease to be binding by a long course 

 of contrary usage. No statute, however, can be abrogated by 

 mere non-usage or neglect of its provisions for any length of time. 

 There must be distinct and positive contrary usage. But the 

 statute in question is in no respects a Scots Act. It was passed 

 nearly 30 years after the Union, and only one of its sections 

 applies to Scotland exclusively. It seems doubtful, therefore, 

 whether it can be held to have fallen into desuetude. Neither 

 Mr. Stewart nor Mr. Paterson gives the least hint that it has done 



