the purpose of catching game, and the sale of poisoned grain, seed, or meal for any purpose.' Those statutes which prohibit the use of poison, lime, and noxious substances for the killing of freshwater fish, and the discharge of substances into salt or fresh water such as would be likely to injure marine or river fish.* The English "Ground Game Act, 1880"5 prohibits the general use of spring traps for catching ground game, and limits narrowly the number of persons authorized to kill such game with firearms. "The Fisheries (Dynamite) Act, 1877% prohibits the use of dynamite and other explosives for the catching of fish in a public fishery, and The Freshwater Fisheries Act, 1878," extends this prohibition to private waters. In the Dominion of Canada, the use of explosive instruments in the hunting of whales, seals, and porpoises is forbidden by statute; and a bill has been introduced into the Canadian House of Commons this present year, by the Minister of Marine and Fisheries, extending this prohibition to all other kinds of fish." Those statutes have a similar object which prohibit the use of nets of less than a certain size in order to prevent the needless destruction of fish too small for consumption.10 Other statutes prohibit the use of nets altogether in certain cases, either directly or through the instrumentality of a Fishery Board," especially in localities where they would interfere with the breeding of the fish.12 The British Salmon Fishery Acts prohibit the taking of salmon, trout, or char by means of lights, laths, jacks, wires, snares, spears, gaffs, strokehalls, snatches, and other like instruments.13 The use of fixed engines for taking salmon is also forbidden,11 as well as the breaking of dams or flood gates with the intention to take salmon or other fish.15 To protect clam and other bait beds from injury another act empow ers the British Board of Trade to restrict or prohibit the use of the beam trawl for any assigned period.16 The history of British legislation on the subject of the protection of sea fisheries is instructive. Thirty years ago these fisheries were regulated by an elaborate system of protective measures which were all substantially repealed in 1868 upon the recommendation of a Royal Commission. Owing to the unrestricted fishing in the sea which thereupon ensued, there resulted such a serious depletion of the fisheries that another Commission appointed in 1883 recommended a return to 126 and 27 Vict., c. 113 Sec. 2; 27 and 28 Vict., c. 115; 43 and 44 Vict., c. 47 Secs. 1, 6. 224 and 25 Vict., c. 97, Sec. 32; c. 109, Sec. 5; 36 and 37 Vict., c. 71, Sec. 13. 351 and 52 Vict., c. 54, Secs. 1, 2. +R. S. Canada, c. 95, Sec. 15. 543 and 44 Vict., c. 47, Secs. 1, 6. 640 and 41 Vict., c. 65. 741 and 42 Vict., c. 39, Sec. 12. *R. S., c. 95, Sec. 6. 9 House of Commons Debates, 1892, Vol. 24, page 119. 1024 and 25 Vict., c. 109, Sec. 10; R. S. Canada, c. 95, Secs. 8, 10, 14. 1147 and 48 Vict., c. 11, Sec. 1; R. S. Canada, c. 95, Secs. 8, 14; amended by 54 and 55 Vict., c. 43, Sec. 1. 12 R. S., c. 95, Sec. 10. 1324 and 25 Vict., c. 109, Secs. 8, 9; 28 and 29 Vict., c. 121, Sec. 64. 1424 and 35 Viet., c. 109, Sec. 11. 1524 and 25 Viet., c. 97, Sec. 32. 1644 and 45 Viet., c. 11. the former restrictive measures; since which time a number of statutes have been passed to accomplish the end in view. Thus, in 1885, "The Sea Fisheries (Scotland) Amendment Act"1 was passed, which conferred upon the Fishery Board of Scotland power to make by-laws restricting or prohibiting any method of fishing for sea fish which they might deem injurious (subject to the approval of the Home Office), in any part of the sea adjoining Scotland within the fishery limits of the British Islands. In 1888 "The Sea Fisheries Regulation Act" for England and Wales was passed, which provided for the establishment of sea fisheries districts and local fisheries committees and empowered these committees to make by-laws restricting or prohibiting the use of any injurious instrument in taking sea fish, and other rules and regulations. "The Herring Fishery (Scotland) Act, 1889," empowered the Fishery Board of Scotland to prohibit by appropriate by-laws methods of fishing known as beam trawling and otter trawling on any part of the coast of Scotland within three miles of land, and within any of the bays enclosed by headlands specified in a schedule annexed to the act. Provision was also made in Section 7 extending the authority of the Board over a section of the sea lying within a line drawn from Duncansby Head in Caithness to Rattray Point in Aberdeenshire. A similar provision occurs in "The Steam Trawling (Ireland) Act, 1889," which empowers the Inspectors of Irish Fisheries to make by-laws prohibiting beam trawling or otter trawling, "within three miles of lowwater mark of any part of the coast of Ireland, or within the waters of any other defined areas specified in any such by-law." III. An elaborate system of licenses to restrict and regulate the killing of game, birds, and fish has been in vogue in the United Kingdom for a long time past. Thus, under the English Game Acts," an excise license is required before any person (other than the owner) can legally kill deer or any other game with certain limited exceptions. Other statutes restrict the killing of game even further. Thus no one is permitted in England to kill hares, except an occupier of land, and one other person authorized by him in writing." Under the "Gun License Act," a license is required before any person can use or carry a gun for any purpose. An elaborate system of licenses is also in operation regulating the selling of game, and under it penalties are imposed upon all persons who sell game without a license, or who shall sell to a dealer not licensed, or who buy game from an unlicensed dealer.R "The Freshwater Fisheries Act, 1878,"9 authorizes the Boards of Fish Conservators to issue licenses, by the day, week, season, or part thereof, to take salmon, trout, or char. Similar authority to issue fishing licenses is conferred upon the Minister of Marine and Fisheries of the Dominion of Canada, by the Revised Statutes of that country. The license system in the case of other fish has proved to be so successful that a bill has just been introduced into the Dominion Parliament to place the 148 and 49 Vict., c. 70, Sec. 4. 251 and 52 Vict., c. 54, Sees. 1, 2. 352 and 53 Vict.,c. 23, Secs. 6, 7. 452 and 53 Vict., c. 74, Sec. 3. 51 and 2 Wm. IV, c. 32; 23 and 24 Vict. c. 90. 611 and 12 Vict., c. 29, Sec. 2. 733 and 34 Vict., c. 57. 81 and 2 Wm. IV, c. 32, Secs. 25, 27. 941 and 42 Vict., c. 39, Sec. 7, and acts cited therein. 10 C. 95, Sec. 4. 10 lobster fishery under license, for the reason, as stated by the Minister of Marine and Fisheries in the course of debate, that the industry is in imminent danger of extermination through excessive and indiscriminate fishing.' IV. Very extensive powers are conferred upon the owners of property and upon officers of the law in Great Britain to aid the enforcement of statutes designed to protect game, birds, and fish. Thus the owner of game can warn off poachers by day or night,3 and require them to tell their names and addresses, and if they refuse or return on the land, to arrest them and take them before a justice. Game recently killed may be seized and taken by force from trespassers by the owner for his own use, and under the decisions of the English House of Lords the owner can seize game which has been illegally caught on his land, even when in the hands of an innocent purchaser, for value. Gamekeepers are permitted to seize dogs, nets, and engines found on the owner's land which belong to persons not licensed to kill game, and a dog or implement so seized becomes thereby forfeited to such owner, who may destroy it or not, as he thinks fit. By statute any one who, without right, hunts deer on inclosed ground is guilty of felony, and any one who commits a second offense of any kind relating to deer, whether similar to the first offense or not, is also guilty of felony." By "The Poaching Prevention Act, 1862,"9 any constable may stop and search on the highway any person suspected of having been unlawfully on land in search of game, and having game, nets, or guns in his possession, and also persons suspected of having aided and abetted such poaching; and he may also stop and search any cart suspected of containing such game or implements, and seize and detain them, and proceed against the offender before a justice, where upon conviction he shall be liable to a fine and the forfeiture of the game. The fisheries of the United Kingdom and Ireland are protected through the instrumentality of a series of Fishery Boards, of which there are in England three sets at the present time, viz, the Salmon Fishery Boards, under the acts of 1865 and 1873;10 the Trout and Char Fishery Boards, under the act of 1878;" and the Freshwater Fishery Boards, under the acts of 1878 and 1884.12 "The Fishery Board (Scotland) Act, 1882," established a fishery board for Scotland to take cognizance of everything relating to the coast and deep-sea fisheries of Scotland.13 The Revised Statutes of the Dominion of Canada provide that fishery officers shall be appointed by the Governor in Council, and very large powers are entrusted to that official to make and alter regulations for the sea-coast and inland fisheries, which have the same force and effect as if enacted by the Canadian Parliament.14 Debates of House of Commons of Canada, 1892, vol. 24, page 119. 21 and 2 Wm. IV, c. 32, Sec. 31. 39 Geo. IV, c. 69, Sec. 2. 41 and 2 Wm. IV, c. 32, Sec. 36; for Scotland, 2 and 3 Wm. IV, c. 68, Sec. 5. Blades r. Higgs, 11 H. L. C., 621. 61 and 2 Wm. IV, c. 32, Sec. 13; 24 and 25 Vict., c. 96, Secs. 15, 16. 7 Kingsworth r. Bretton, 5 Taunt., 416. 824 and 25 Vict., c. 96, Secs. 12, 13. 925 and 26 Vict., c. 114, Sec. 2. 10 28 and 29 Vict., c. 121, Secs. 4, 5, 19, 38; 36 and 37 Vict., c. 71, Secs. 5-8. 1141 and 42 Vict., c. 39, Sec. 6. 1241 and 42 Viet., c. 39, Sec. 6; 47 and 48 Vict., c. 11, Sec. 2. 13 45 and 46 Vict., c. 78. 14 R. S., c. 95, Secs. 2, 16. |