UNCLEAN AND UNSEASONABLE SALMON. 129 



to defend the case on the facts. He denied that any fish was 

 caught, and called a man who was present to •support this con- 

 tention. The prosecuting sohcitor, in reply on the case, contended 

 that an unseasonable salmon was any salmon caught during the 

 close season. — The Chairman (Sir A. Chichester) said the Bench 

 had decided against Mr. Bencraft on the point of law. They 

 also believed the defendants to be guilty, and they would be 

 fined los., the value of the fish, and 2/. each and costs, or in 

 default one month's imprisonment. A fortnight was allowed for 

 payment. 



In this case, the magistrates very properly con- 

 victed the offenders, but who could have blamed 

 them, if, owing to the present uncertainty as to the 

 true interpretation of the word "unseasonable " in the 

 Fisheries Act, they had decided otherwise ? Year 

 after year I have read accounts of failures in prose- 

 cutions against persons for killing or having in pos- 

 session unseasonable salmon, but the cases I have 

 cited will of themselves be amply sufficient to show 

 how necessary it is that the wording of the Act as 

 regards unclean and unseasonable salmon should be 

 amended. By rights angling for salmon should 

 cease after the ist of October, but as this would be 

 a great hardship on such anglers as are solely de- 



K 



