SALMON-FISHERY OF SCOTLAND. 143 



prove, in such rivers, entirely nugatory. A clause to that effect 

 ought, therefore, to be introduced into any new act that may be 

 passed on the subject ; with power further to the owners of 

 the fisheries to remove any falls or rocks which may obstruct 

 the ascent of the fish. Such enactments would tend greatly to 

 the increase of the salmon in all the rivers, and could do no 

 injury whatever to the proprietors of the lands. 



The fines in the present Act are greatly too low, and an ab- 

 surd power of mitigating them is vested in the magistrates. In 

 the ancient statutes, which contain many excellent regulations, 

 none of the fines are under ten pounds, which was equal to as 

 much sterling money of the present day. Scotch magistrates 

 have often the weakness to prefer popularity to honour and 

 duty. While the power of mitigating fines on illicit distillers 

 was left in their hands, illicit distillation held steadily its 

 course ; but when that power, which of all men a Scotch ma- 

 gistrate is the last it should be intrusted to, was withdrawn, 

 and the fines were raised to twenty pounds, an end was put at 

 once to the evil. 



We are no great admirers of the punishment of fines and 

 imprisonment for all offences ; a little variety would be 

 better. To fine or imprison a poacher, is to visit the punish- 

 ment on his family as well as on himself, which is not just. It 

 would be better to make the carcase of the offender suffer for 

 his fault. A good sound whipping on a market-day would, at 

 the same time, be a salutary example to others. We recoUect 

 an instance of a prosecution of some poachers before two worthy 

 magistrates — a worthy bailie, and a land-owner — ^when the fines 

 imposed were so ludicrously trifling, that the poachers speared 

 the fish again before they reached home. Had they been laid 

 up a week with sore backs this would not have been the case. 



We can, indeed, see no good reason why the stealing a salmon 

 out of a river should not be declared theft, and punished as such, 

 as well as the stealing of any other article. No man can deny 

 a breeding fish, as we said before, to be infinitely a greater loss, 

 both to the owners of the river and the public, than stealing a 

 sheep off a common, or a pig out of its sty ; yet the one is a 

 capital offence, while the other is considered a mere trifle. It 



