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The 9. Geo. IV. cap. 39, is entitled, ‘An act for the preservation of salmon fisheries in Scotland.’ The preamble declares, ‘that it is expedient, for the preservation of the salmon fisheries in Scotland, that the penalties in former acts should be augmented, and sundry other regulations should be made.’
By the second section it is enacted, ‘That if, between the 14th September and 1st February, any person shall wilfully take, &c. any salmon, grilse, sea-trout, or other fish of the salmon kind, such person shall forfeit and pay any sum not less than one pound, and not exceeding ten pounds, for and in respect of each and every such offence, over and above forfeiting each and every such fish so taken, and each and every boat or engine by which the same may have been taken.’
Section 10. gives power to the heritors to appoint water-bailiffs to superintend the fisheries.
Collins failed to pay the penalty and expenses, and was imprisoned, and applied to the Magistrates of Aberdeen for aliment, in terms of the Act of Grace, which the Magistrates allowed, and appointed to be paid by the suspender at the rate of eightpence a-day. The suspender consigned a sum for aliment under protest, and suspended the decree of the Magistrates, on the ground that the prisoner having been incarcerated for a crime, the burgh was bound to aliment him.
The Magistrates reclaimed , and the Court remitted to Lord Cock-burn, Ordinary, who, having heard parties, ordered cases.
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