SALMON-FISHEEY OF SCOTLAND. 145 



the fishery. — The proprietors, by the existing Acts, are allowed the 

 power of protecting the spawning salmon, and taking new fish when 

 they offer." 



"What then," the Committee ask, "is there to prevent a net 

 catching fish in an improper state 1 " — " The interest of the pro- 

 prietor." 



" You say, you try for new fish in December t " — " Yes." 



"And the fish are then coming up the river for spawning ?" — 

 " They are up the river a long way then, i.e. the spawning fish." 



Here the Committee fell into the common mistake of con- 

 founding the fish of different seasons, for there are no fish com- 

 ing up then to spawn, — the new fish which enter clean from 

 the sea in the winter months, with small roes, being, as we said 

 before, all fish of the ensuing crop or season, while those that 

 are up the rivers belong to the last crop, or bygone season. The 

 former would, of course, not spawn at the same time with the 

 latter, which are then up the rivers spawning ; but if not 

 killed they would spawn during the ensuing autumn with the 

 fish of the season to which they belong. Mr Little has fallen 

 into the same error, when he considers these winter salmon as 

 barren fish, not making the proper distinction between the fish 

 of the two seasons, and confounding, as we have said, the fish 

 of the incoming season with those of the past one. 



Mr Sheppard farther states that — 



" In the year 1774, a Bill was introduced into the Irish House of 

 Commons, having for its object a general fence or close-time and 

 weekly close-time, such as the two clauses now complained of, and 

 the proprietors of the fisheries memorialised his Majesty on the sub- 

 ject, and he referred it to the Attorney and Solicitor General Thm:- 

 low and Wedderburn, who, after hearing evidence, expunged the 

 clause, declaring that a general close-time was inappHcable, as a vast 

 difference existed as to the periods of time at which new fish 

 ascended the rivers — and that the clauses would be destructive of 

 private property, and do no pubhc good." 



And it is this very obnoxious measure, condemned after 

 hearing evidence, by such men as Lords Thurlow and Lough- 

 borough, which Messrs Drummond and Kennedy have, from 

 a most erroneous notion of their own superior fishing know- 

 ledge, forced upon the owners of the Scotch salmon rivers ; as 



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