say, the middle of September, there could be no mistake with reference to them.

The above was written before the report of the great "yellow fin" case reached me. There could hardly have been a stronger exemplification of the truth of my theory, or a stronger argument, for the course I advocated. The case simply resolves itself into one of disputed identity, where, in fact, setting scientific evidence aside, it is simply impossible that dispute could have arisen. I agree with Mr. Stoddart; there is not, in my opinion, a doubt but that the "yellow fin," the young of the bull or sea-trout, assumes the silvery scale, and follows the smolts to the sea. This fish, noble lords, aided by scientific gentlemen and keepers (give a keeper his way, whether his way be on land or water, and he will destroy every created thing, excepting the objects of his own care), have banded themselves together to extirpate in the Coquet, and some other rivers, in the hope that the true salmon may take their place. I do not believe it will; but whether or not, it is a strange and startling state of things to find a respectable and respected country clergyman hauled up before the magistrates of his country as a malefactor, baited by counsel for a fortnight, subjected to heavy penalties and heavy costs, for having, probably by accident or in mistake, killed half-a-dozen infant specimens of the fish, which, a few miles off, are harried, hunted, destroyed on their spawning beds, and treated altogether as worthless, nay, mischievous vermin. The fact of the possession of these "yellow fins" is admitted. The question is, do they come under the definition of "migratory fish," over which, whatever their state or condition, the law has spread her ægis? I repeat that, in my opinion, there is no doubt of this. The "yellow fin" does assume the silvery scale; it does descend to the sea in the spring, and returns the following autumn a bull or sea-trout, and a very excellent and valuable fish he is; but the scientific evidence adduced, abounding in hardest words and terms of art-" phylorics, vertebræ, vomerine teeth, rays, operculum, suboperculum "-heathenish epithets, which "no fellar" can be expected to understand-almost shakes my belief. What is the value of scientific testimony when a gentleman called as a witness for the prosecution-Dr. Young-expressly to prove the identity of the captured fish, declares upon oath, after a lengthened private examination, that two specimens examined by him are the young of Salmo salar and Salmo trutta respectively, and that one at least had been down to the sea; whereas it appeared that they were both "Loch Leven" trout, which are not migratory fish at all, the lake having no communication with the sea? The fact is, that the Legislature, in its praiseworthy anxiety to preserve and increase the

Salmonidæ, and in utter ignorance of how to do it, has laid traps for the unwary, into which the reverend defendant has fallen. All young Felidae are barred; all young Salmonida are barred. Mr. Bartlett, Mr. Buckland, and a few more may know the difference between young tigers, young lions, and young pumas, but we, the public, do not. Practical fishermen know the difference between young trout, young salmon, and young bull-trout: the public do not, and never will. It is equally absurd and mischievous to make it penal to take any or either with the fly. The numbers thus killed are, in proportion to those hatched, and to those destroyed by natural means, infinitesimal, and enemies to the race are made of those who would otherwise be their friends and protectors. I saw in the Field one day last year a wonderful calculation of the awful damage done by the destruction of the smolts by anglers. · Given, so many rods fishing so many days, product, so many smolts taken, result, so many salmon the less. This is palpable nonsense. The produce of a single pair of salmon, in a single year, if unmolested, would stock to repletion the Tweed or any other river. Left undisturbed for two years, and increasing in a like ratio, the earth itself, let alone the waters under the earth, could not contain them. Assume Mr. Buckland's calculation of 20,000 ova from a single female fish, and compare them with the recorded results of preservation, a slight, almost imperceptible, annual increase in the number captured, and we form some conception of the trifling effect of the destruction by rod of baby fish. But, it is argued, that, little or great, there is some diminution. When you catch and kill a handful of flies buzzing over your horse's head, there are so many flies the fewer; when a bucket of water is extracted from a lake, there is, by so much, less water. True; but look on the other side: by the system in force of restriction, of surveillance, of fines and prosecution, you make enemies of all those with whose sport you interfere. It is hardly for anyone acquainted with the working of this law to comprehend its importance. In another month thousands and tens of thousands of fry will be left in small puddles by the efflux of the water. They are seen by shepherds, artizans, boys and all who frequent the banks of the river, and, as a rule, are left to their fate-to die and rot, or to be picked up by herons and gulls. If the shepherd could hope for a gift kelt at odd times, if the artizan could look forward to the fun of angling for the smolts, if the boy were permitted to catch his few fish for supper, they would, one and all, as they used to do, ladle the fish out with their hanùs, or dig channels to permit of their escape to the body of the stream.

Article by Glasgow Mail.

The "yellow fin case was decided yesterday at Dunblane against the defendant. Sheriff Grahame ruled that the fish known as "yellow fins' were the same as the "orange fins" caught in the Tweed. We are not without hope that the Sheriff's decision will be reversed when the case comes before the Appeal Court. The evidence on the trial was singularly conflicting, the official and scientific witnesses for the prosecution being confronted by a formidable amount of opposing testimony from practical anglers and others. It was reluctantly extracted from the pursuer's witnesses that the idea of regarding yellow fins as sea-trout was in that district comparatively recent, in short, the prosecution might be said to have started the idea. Neither in the Act under which the prosecution took place, nor in the Tweed Fishery Acts, is there any mention of either "yellow fin or "orange fin ;" but in the course of last year the Forth Fishery Board began to raise prosecutions on a point notorously doubtful, and on which at the present time experiments are still in progress. In any case it is questionable if the Fishery Board had authority to arbitrarily sectionise the fish as seatrout, especially when that assumption embraced the power of proceeding criminally against the lieges. The mass of testimony to be collected from scientific writers, and confirmed by a host of practical anglers at the late trial, is nearly unanimous to the effect that the red tip to the adipose or deadfin is a distinguished characteristic of the yellow or non-migratory trout. If "yellow fins" have this feature, then their marine claim becomes at once doubtful. The scientific evidence was in general essentials valuable of its kind, so far as it went; though Dr. Günther, the sheet-anchor of the case for the Fishery Board, was obliged to admit that scientific descriptions were not likely to be of much use to practical anglers. Moreover, when two witnesses on opposite sides of the case confess their inability to distinguish a Loch Leven trout from a sea-trout, it proves the exceeding narrowness of the distinction, and the danger of multiplying" species," or vexing unscientific anglers with penalties for their inability to distinguish tweedledum from tweedledee. The probable solution of the question-and one or two of the witnesses seem to have been on the track of it-is that these same "yellow fins" of the Allan should be regarded as a variety (possibly a hybrid) of the river or non-migratory trout, which the late Dr. Knox proposed to call the "estuary trout." This variety, though it does not go out to sea like the salmon or sea-trout proper, frequents the

brackish and tidal waters of estuaries, and would very naturally be taken at such a locality as Kincardine-on-Forth. It ranges between the estuary and the stream, partaking of the mixed habits of yellow or sea-trouts, but occupying in structure, affinities, and habits a middle place between the Loch Leven and the common yellow trout, and forms a branch of the salmonide which has not been investigated with so much attention as it deserves. But neither as a hybrid nor as an estuary trout can the yellow fin be properly included under the protective clauses of the Salmon Acts, nor was any evidence whatever adduced, supported by practical experiments, that fish marked as "yellow fins" had been caught subsequently as bona fide sea-trout. When this has been proved, it will be time enough to prosecute anglers for taking them. Even were we to admit the balance of evidence to be in favour of their being sea-trout, the deduction to be drawn from the recent trial is the harshness of legislation which places anglers at the mercy of clauses, of which it requires elaborate scientific authority to interpret the full powers.Mail of Thursday.

Glasgow Herald, 17th October, 1882.

THE NEW FISHERY BOARD.-In accordance with the Act of Parliament passed last session, the old Scotch Fishery Board-the constitution of which, however well adapted it may have been for the times in which it was formed, had been found too contracted for the proper care and supervision of the large and important fishing industry of this country-was dissolved yesterday. The last meeting of the board was held yesterday forenoon in the offices, Royal Institution, Edinburgh, under the chairmanship of Lord Young. A letter was read from the Home Secretary, in which he intimated that under the Act the Board was now dissolved, and paid a highly eulogistic tribute to the members for the beneficial work which in the past they had carried on for the promotion and the success of the Scottish fisheries. Sheriff Guthrie Smith, who, with the Sheriffs of Argyll and Orkney, has been appointed a member of the new board, then presented his letter of appointment from the Queen; and to him were handed over the books, documents, &c., belonging to the late board. The other members not having yet received their letters of appointment, no meeting of the new board could be held, as it requires three to form a quorum. It is not yet known who are to be the other members of the board.

Copy of Statute of King James 6th of Scotland, anno 1606, against the People of Scotland polluting Lochs and running Streams in Scotland. A.D. 1606. Our Sovereign Lord and the Estates of Parliament, finding that the laying of Lint in Lochs and Burnes, is not only hurtful to all Fishes bred within the same, and Bestial that drinks thereof; but also the hail, waters of the said Lochs and Burnes, thereby being infected, is made altogether unprofitable for the use of man, and very noisome to all the people dwelling thereabout. Therefore Statutes and Ordains that no person or persons in time coming, lay in Lochs and running Burnes, any green lint, under the pain of Forty Shillings, toties quoties, for ilk time they shall contravene; and also confiscation of the lint to be applied to the poor of the Parish within the which the said Lochs and Burnes lies. And by the tenor hereof gives power to the Sessions of the Kirk of each Parish, to try, cognosce, and put this present Act to execution, and to uplift the unlawes and to confiscate and dispone upon the said lint, to the weill of the poor of the Parish as said is, and Order Letters of Publication to pass hereupon in form as effeirs.