ster; but we willingly admit, that in order to attain to their clearer comprehension, the facts themselves must be investigated by one who, like that accomplished philosopher, is conversant with those branches of physical science to which they are related. They unfortunately lie beyond the range of our own optics, but Mr Scrope's practical improvement of the subject is as follows:

"I would recommend any one who wishes to show his day's sport in the pink of perfection, to keep his trouts in a wet cloth, so that, on his return home, he may exhibit them to his admiring friends, and extract from them the most

approved of epithets and exclamations, taking the praise bestowed upon the fish as a particular compliment to himself." -P. 56.

British legislators ought certainly to consider the recent completion of our knowledge both of salmon and seatrout; and if they can make themselves masters of their more detailed local history, so much the better. Mr

Home Drummond's is still the regulating Act of Parliament, and seems to have kept its ground firmly, notwithstanding many attempted alterations, if not amendments. In accordance with that Act, all our rivers north of the Tweed close on the 14th of September, and do not re-open till the 1st

The

of February.* This bears hardly upon some of our northern streams. In the Ness, for example, before the application of the existing laws, more fish were wont to be killed in December and January than during most other periods of the year. It appears to have been clearly ascertained that the season of a river (in respect to its being early or late) depends mainly upon the temperature of its waters. Ness, which is the earliest river in Scotland, scarcely ever freezes. It flows from the longest and deepest loch in Britain; and thus, when the thermometer, as it did in the winter of 1807, stands at 20, 30, or even 40 deg. it makes little or no impression upon below the freezing point at Inverness, either lake or river. The course of the latter is extremely short. Shin is also an early river, flowing from a smaller loch, though with a more extended course before it enters the Kyle of Sutherland, where it becomes confluent with the Oykel waters. It may so happen, that in these and other localities, a colder stream, drawing its shallow and divided sources from the frozen sides of barren mountains, may adjoin the lake-born river, and

"On that flood,

The

Indurated and fix'd, the snowy weight Lies undissolved, while silently beneath, And unperceived, the current steals away."

Of December, of

Of January,

Of February,

Of March,

Of April,

Of May,

Of June,

Of July,

Of August,

Of September,

2405

3554

3239

3029

2147

1127

170

253

2192

430

18,542

Of June produced

Of July,

Of August,

Of September,

277

1358

4229

1493

7357

Now salmon don't like either snowy water, bridges of ice, or stealthy streams, but a bold, bright, expansive, unimpeded, and accommodating kind of highway to our inland vales. They instinctively regard a modified temperature, and a flowing movement, as great inducements to leave the sea in early winter, instead of waiting until spring; and, in like manner, they avoid "imprisoned rivers" until icy gales have ceased to blow. The consequences are, we may have an extremely early river and a very late one within a few hundred yards of each other, and both debouching from the same line of coast into the sea. Now, in the autumn of 1836, a bill was proposed and brought in by Mr Patrick Stewart and Mr Loch, to amend the preceding Act (9th Geo. IV.) which had repealed that of James I., (1424.) It proceeded on the preamble, that "whereas the said acts have been found inadequate to the purposes for which they were passed, inasmuch as it is found that our close-time is not suitable for all the salmon fishings and rivers throughout Scotland, and it is expedient that the same should therefore, and in other respects, be altered, modified, and amended." It therefore enacted that different close-times shall be observed in different divisions of Scotland, the whole of which is partitioned into twelve districts, as specified in schedule A referred to in the bill.

We do not know how or from whom the necessary information was obtained; but we doubt not it was sedulously sought for, and digested in due form. For example, the boundaries as to time and space of the second district, are as follows:-" From Tarbet Ness aforesaid, to Fort George Point, in the county of Nairn, includ ing the Beaulie Frith and the rivers connected therewith, except the river Ness, from the 20th day of August to the 6th day of January, both days inclusive; and for the said river Ness, from the 14th day of July, to the 1st day of December, both days inclusive." This is so far well. But in the ninth district, the definition and directions are:"From the confines of the Solway Frith to the northern boundary of the county of Ayr, from the 30th day of September to the 16th day of February, both days inclusive." Now most anglers know that the district thus defined, includes streams which

vary considerably in their character, and cannot be correctly classed together. Thus the Doon, which draws its chief sources from numerous lakes among the hills, is one of the earliest rivers in the south-west of Scotland, clean fresh run fish occurring in it by Christmas; while the neighbouring river Ayr, although existing under the same general climatic influence, produces few good salmon till the month of June. It is fed by tributaries of the common kind. The Stinchar, in the same district, is also a late river, being seldom worked by the tacksmen till towards the end of April, and even then few of the fish are worth keeping. Of course, it requires to be closed in September, although the fish are then in good case. These, and many other facts which might be mentioned, show the difficulty of legislating even upon the improved localizing principle which it has been attempted to introduce. However, the bill referred to, though printed, was never passed.

It

Since we have entered, inadvertently, into what may be called the legislative branch of our subject, we may refer for a moment to the still more recent bill, prepared and brought into Parliament by Mr Edward Ellice and Mr Thomas Mackenzie, and ordered to be printed, 11th May 1842. It is entitled, "a bill for the better regulation of the close-time in salmon fisheries in Scotland;" and with a view to accommodate and reconcile the interests of all parties, it throws the arrangement and decision of the whole affair into the hands of the commissioners of the herring fishery. enacts that it shall be lawful for these commissioners, upon due application by any proprietor (or guardian, judicial factor, or trustee) of salmon fishings, of the value of not less than twenty pounds yearly, in any of the rivers, streams, lochs, &c., or by any three or more of such proprietors possessing salmon fishings of the yearly value of ten pounds each, or of any proprietor of salmon fishings which extend one mile in length on one side, or one half mile on both sides of any river or stream, calling upon the said commis. sioners to alter the close-time of any river, stream, &c., to enquire into the expediency of such alteration. With that view, they are empowered to call before them, and examine upon oath or affirmation, all necessary witnesses,

and to take all requisite evidence for and against the proposed alteration of the close-time; and upon due consideration of all the circumstances of the case, to determine that the close-time in such river, stream, &c., shall be altered, and to alter the same accordingly, and fix such other close-time as they shall deem expedient. Provided always that the close-time to be fixed by said commissioners, shall not in any case consist of less than one hundred and thirty-nine free consecutive days. Provision is also made for an alteration, on application and evidence as before, of any such legalized close-time, after the expiration of three years; all expenses incurred by the commissioners in taking evidence, or in other matters connected with the subject, to be defrayed by the proprietors. Permission

may also be granted in favour of angling with the single rod, for fourteen days after the close. This bill, which we suspect it would have been difficult to work conveniently, was likewise laid upon the shelf.

Although, as we have said, salmon soonest ascend the warmest rivers, they are alleged to spawn earliest in the colder ones. Thus Mr Scrope in forms us, that in the shallow mountain streams which pour into the Tay, near its source, the fish spawn much earlier than those in the main bed of that magnificent river, and he quotes the following sentiments of the late John Crerar, head fisherman and forester to the Duke of Athole, on the subject:

"There are," said John, "two kinds of creatures that I am well acquainted with the one a land animal, the other a water one-the red-deer and the salmon.

In October the deer ruts, and the salmon spawns. The deer begins soonest, high up among the hills, particularly in frosty weather; so does the salmon begin to spawn earlier in frosty weather than in soft. The master hart would keep all the other harts from the hind, if he could; and the male salmon would keep all the other males from the female, if he was able."-P. 60.

We do not think, however, that Mr Scrope's comparative reference to the upper and lower portions of the Tay affords a satisfactory or conclusive test. The higher parts of almost all rivers (including their tributaries) constitute the favourite spawning places, from other causes than "by reason of the cold;" and the question should be

tried, not by comparing two different districts of the same river, but all the portions of one river, with the entire course of another of dissimilar character. The exceptive clause in Mr Loch's proposed act in favour of the river Ness, certainly stood upon the supposition of that river being an early one for the breeding salmon, as well as the new-run winter fish; for it enacts not only that the Ness should open more than a month earlier than its neighbours, but also that it shall close more than a month before them. This latter restriction would of course be useless and impolitic, if the parent fish were not conceived to be about to spawn. But it should also be borne in mind, that the same causes (such as the extent and depth of feeding lakes) which produce a higher temperature in winter, cause a lower one in summer and the earlier part of autumn, and that shallow upland streams are warmer during the latter periods than those which flow from deeper and more affluent sources. We believe that the fish of all rivers spawn soonest on the higher portions of their water courses, whether these be comparatively warm or cold. The earliest individuals are in general such as have escaped the nets and other accidents below, and have made their watery way in good time to proper spawning places. In several rivers with which we are acquainted, a great majority of the breeding fish ascend in August and September. But many of those which make their appearance in July, would be early spawners if they were allowed to escape the various dangers which beset their path in life-almost all the salmon of that month being captured by one means or another. Mr Young, in our MS. notes already quoted, states, in regard to the range of the breeding season, that he has seen salmon perfectly full of spawn, ascending the rivers in October, November, December, January, and February. the fish of the last-named month may have spawned as late as March, although our correspondent adds that he has never seen fish on the spawning beds later than February, nor earlier than September. He has seen them in the act of spawning in these and all the intermediate months.

Now

As we have said above, the greater part of these breeders ascend in August and September, and the throng of the