ing till sunrise on Monday,' and the old breadth of the space between the bars of hecks is three inches.*

3. Injuring Spawn, &c.

The taking, using, setting, purchasing, or having in one's possession, of the spawn, smelts, or fry of fish of the salmon kind, or the obstruction of the passage of such smelts or fry, or the injuring or disturbing of such spawn or fry, or of any spawning bed, bank, or shallow, where the same may be, is punishable by forfeiture of from L.1 to L.10 for each offence.3

The taking, killing, destroying, or exposing to sale of any unclean fish of the above kind, is punishable with a penalty of from L.1 fo L.2 for each fish.4

4. Fishing with Light.

No light or fire to be used with intent to take fish of the salmon kind, under penalty of from L.2 to L.10 for each offence."

5. Trespassing.

Any person trespassing on any ground, water, or estuary, with intent to kill such fish, shall forfeit from 10s. to L.5.6

6. Apprehension and Trial of Offenders.

Offenders may be apprehended by any person brevi manu, without warrant, and carried before a Justice of Peace, or delivered to a constable for that purpose."

Prosecutions for offences against the act, must be brought within six months. 8

1 Act 1477, c. 73.

2 Ibid. By width in this Act is to be understood breadth. Case of Earl of Moray v. Callender, 7th December 1762.

3 Act 9 Geo. IV. c. 39, § 4. 4
* § 5. § 6.

§ 3.

7 § 11.

§ 13.

Any Justice may act, although interested in a salmon fishery, unless in a case where he or his tacksman is prosecutor.'

On any complaint brought before them, Justices may proceed summarily, and grant warrant for immediately bringing the party before them.”

2

7. Proof And on proof by confession, or the oath of one or more witnesses, or other legal proof, may convict. 3

Any person owning, occupying, or being interested in a salmon fishing, is a competent witness. 4

4

8. Penalties.

Penalties recovered go to the informer.s

And if penalties and expenses decerned for be not paid within fourteen days, they shall be levied by poinding and imprisonment for not above six months. 6

9. Record and Appeal. In all cases a record of the charge and the judgment, but nothing else, shall be preserved.?

And appeal lies to the next Circuit Court of Justiciary, or where there is none, to the High Court of Justiciary;:

The appellant finding caution to pay the penalty and expenses, besides expenses of appeal.”

No other review of sentences is competent."

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III. LOBSTER KILLING.

The close time for lobsters is from 1st June to 1st September."

1

The taking of lobsters in forbidden time, is punishable by a penalty of L.5 for each offence.

Two Justices of Peace may try such a case summarily. The penalty goes to the prosecutor.3

IV. OYSTER FISHING.

The oyster fisheries upon the coasts of England have been made the subject of at least one act of Parliament, but it does not appear to extend to Scotland.”

V. HERRING FISHING.

For the encouragement of the herring fishery, a variety of statutory regulations have been made respecting the curing and packing of herrings, &c., the violation of which may be tried, like Excise cases, by two Justices of Peace, and punished with certain fines and forfeitures.

But those concern few Justices; and when they are to be acted upon, the Acts themselves ought to be consulted.5

FORUM.

1. General Meaning. Forum is a term used in law for a court having jurisdiction; its application is usually relative.

The forum with which the defender is, in some way or other connected, is that which is proper for the cause.

6

2 Ibid.

4

1 Act 9 Geo. II. c. 33, § 4.

3 Ibid. Although Mr. Hutcheson gives, as if in force here, the Act 31 Geo. III. c. 51. Hutch. iv. 13, § 4. (ii. 587.)

2. In Criminal Cases.

The forum delicti, or court within whose bounds the offence was committed, is the proper forum for trial, but only when it is also1

The forum deprehensionis, or that where the alleged offender is apprehended; and this latter, it seems, has not jurisdiction, unless identified with the former. which canaians The forum domicilii, or that of the territory within which the accused resides, is now understood to have no criminal jurisdiction as such, in so far as Justice of Peace and other inferior courts are concerned.3

3. In Civil Cases.

See Domicil.

The defender's forum domicilii is the chief.*

The forum contractus, or court of the place where the contract pursued on was entered into, while the defender was domiciled there, does not regain jurisdiction if the defender have left its territory, unless he be found within it again, and be cited there."

FOXES.

1. Killing of as Vermin.

FOXES being considered destructive vermin, it is held lawful for persons having an interest, to pursue and destroy them as such, even upon the property of others, and without leave, without incurring liability for trespass, or

1 Hume, P. ii. c. 1, § 4, (ii. 55.) Hutch. i. 2, § 6, (112—3.)

2 Hume, ibid. (ii. 54)

3 Hume, ibid. (ii. 51, 3;) but a different view was taken by Hutcheson, ut sup. (i. 105-112.)

4 Ersk. Inst. i. 2, § 16. Princ. i. 2, § 9. Hutch. ut sup. (i. 104, 5.). 5 Ersk. Inst. i. 2, § 20.

any thing beyond the actual damage done to fences, crops, &c.1

And in sheep-farming districts, the custom for tenants, with their servants, to go out in large bodies and kill those animals, is understood to be very general.2

2. Hunting of, for Sport.

But fox-hunting for mere sport is differently viewed, and may be prevented or punished as a trespass; the offenders being also liable in all damage caused by them.3

FRAUD

BY FALSE WEIGHTS AND MEASURES.

AMONG frauds punishable at common law are those committed by means of false Weights and Measures.

4