Poaching

fish, fishing and poachers

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The laws of Scotland as to poachers of fish dif fer in sonic respects from those of England. In Scotland sal belongs print,/ fm-ie to the Crown, not merely in rivers. hut on the seacoast. Hence. the public have no right to fish with nets even in the sea, except by leave of the Crown, or of the grantee of the Crown at the spot in ques tion. Where a salmon-river belongs to several proprietors. the rule is that none can fish by using fixed engines: but the only legal mode is the mode of fishing by net and eohle (or boat). Whoever poaches salmon in a river, lake, or with in a mile of the seashore incurs a penalty of £5, besides forfeiting the boat, net, or other en gine used to catch the fish. While the law is as above stated with respect to fishing salmon with nets, a Crown grant is required to enable even it riparian owner to angle fur salmon. As re gards other fish than salmon, the general rule is that the riparian owner may catch all the fish he can. provided he do not interfere with the superior right of some Crown grantee of the salmon-fishery. A person Nvho poaches trout or

other fresh-water fish with a net, or by double rod-fishing, or crossline fishing. or set-lines. rte.. ineurs at penalty of £5, besides forfeiture of the fish caught. Anil he may be arrested if he is net fishing. hut not if lie is fishing in another way. hi the ease of all poachers of trout (except angling poachers, who can neither be arrested, nor yet have their fish or tishing-rod taken from them by force). the owner of the fishery, or any person authorized by him. may seize the nets, boats, and fishing implements if the poachers are found on the spot. In Ireland the law applicable to poachers of fish is the saute as in England. Consult : Woody. (tame Lairs of England (Lon don. 1596) ; Paterson. Treatise On the Fishing Laws of the railed Kingdom (ih., 1S7S): Oke, The Whole Law us to Game Licenses and l'oaeli inp 1897) : "Poaching." 173 Quarterly Re view 1S91): Stephen, History of the Crim inal Lair of England 1553 )

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