104 SALMON-FISHEEY OP SCOTLAND. 



edly was the usage at the periods when the statutes were made, 

 a river is deemed just what is termed the river proper, or body 

 of fresh water, contained within its own channel and banks, 

 and before it falls within the shores or local boundaries of a 

 frith or the sea — the only water in short, within reach of the 

 tide, where yairs could not be erected — though the Court say it 

 was there only the erection of such is forbid : the only water 

 within reach of the tide where the fry of sea fishes or of all 

 fishes are not to be found, though it is there only the Court say 

 the destruction of them was prohibited — all which cannot be 

 too often repeated, or be made too glaring. It is indeed singu- 

 lar, that absurdity is never considered a bar to a legal fiction, 

 or argument, or nicety ; being deemed just as good law as any- 

 thing else, of which we could give instances without nimiber. 

 We have never heard that this is the case in other countries, 

 even among the most vmcivilised nations, all of whom appear 

 to pay some regard to common sense. Had our lawyers, when 

 conning over the statutes, said to themselves. These statutes 

 describe the prohibited engines as actually destroying the fry 

 of sea fishes, and of all fishes. Such fry are never found in 

 rivers, and certainly they are not found there exclusively. 

 This shows that the word "waters" was used in its general 

 sense, and we have no right to force a construction upon it, 

 which is contradicted by every other word in the statutes, and 

 which, in fact, would make nonsense of them. But they do 

 not accustom themselves to such reasoning. They do not take 

 time for it, or bestow so much attention on the cases that come 

 before them. Besides, if it be deemed proper to declare abso- 

 lute nonsense to be law, who will dare to say otherwise ? Is it 

 the Scotch Press ? It is cowed into the most abject submission. 

 No country ever owed less to its Press than Scotland. Is it 

 the Scotch Bar, composed of many men born with generous 

 minds, but who, under practice, become heartless and sophisti- 

 cated, and swim with the stream ? We have often grieved to 

 see a body for whom we entertain respect, have so little for 

 themselves. 



The Scotch Law has, in fact, altered the statutes — that is, 

 it has altered the „ import and- plain meaning of the statutes. 



