FIELD AND STREAM.

Dominion, Volume 1, Issue 80, 28 December 1907, Page 10

FIELD AND STREAM.

FLY.) ' . : '-It years ago since a friend and I-Vdccided'-to stock ;'a pond measuring 130 yards tfv./0';-ivith' ; %.out. Having ascertained 'up", otjicr fish life in it but C:qU, we -pi'OQurcd'loo Locli Levens njeasuiing\fi'onv 6inistq:jin>::.fi'oni Mr. Gibbs, of the Beairlien Fisheries:;;: Tho bottom of the pond is-^ffiud^e^.'ci^^fi^a' heavy growth of/' weed; * and.:" : dh.;.ahalysing.-.thc water it was found to. c6ntam .a':l|irge,.quantity of animal. very fair sport. in!. : . the .-summer ■'■ ..evenings,' : rising at , times , freblyi'tb-»'tli6' tlibir 'favourito being tho-cocli'-y-liohilhu; - \vliich no .doubt was token for a wafer beetle* which is common there. ' : Th(?-'fisJi''thus ;i "caught;; were always carefully returhed'j* J exccpt'- in-'-three oases, when- they had to" b'e'-kflled' :: 'owing to being: badly hooked.."Some" 'extensive alterations', were co'inenced; at' the : porid last week and it was ■ found r ''nec'essary to drain it, <1 very simple, process, ■; as' it; was fitted several years ago ■with' a'-drain'-'iSipe"and valve. This operation took,'."three* days ; "'to,' complete, during which' time" a° mi'ii' was •.specially detailed to keep watch with' a -: landing-net.; Tho first day_he. : netted 1 three, arid'it'was liiot till tho last day that the remainder''found', themselves, forcedto go down. These were netted, carefully measured, and carried in a bucket of water-, to a brick .tank, which, .has a constant now through it ...The,: resnlt.M-as that of the 10p, .put' in. .no.".iess ; '.thaii 101 .wero taken out; these averaged IS.lin. in.length, and were. ■ for the- .most .part'.l2in.,.to: 14in., cxcept' two of' l6in.y'nirie ;'of '15ih.,.'sdvdn of llin., and, two'of lpiiV.V..^;hieh : vsceihs;;.a- large difference, for " trout living , under/the same conditions for. tu'o yoaYs.' ' Tliey T were all in good condition,' ahil 'thetwo '"biggest must; liave ; .been, lllh.', aiid 'il('"was ccertainly very satisfactory 'to'-ltnow thai-'theyr we've practically all accounted for".' Besides these there were' two or' 'three taken out. In a_ month's when they contemplate irig"-the-ipond'-'agaiiP-tffter cleaning it; outj* and Enlarging. it, "it ' is" hoped the trout will"=be able »to enjoy their old haunts again.— IC," "itfth'o';'' Field;"- ; '- < i The " Citago'Witness" states that 'in connectiorfwith'tliq ju-osecu'tion by tho";A'cclimatisation Society of;feo"mbn for fishing'with> ou't'a JjcOJisG,' .thd'Sfa'gistrato (Mr.' Burgess) delivered : tbe following judgment recently. Thq •'decision tho ' Novem- ' ber' Cdiirt 'for consideration and consultation •of authorities. '.'"'l am Satisfied that' tho defendant's' plea of autrefois acquit cannot 'avail in'this' case/ - All-authorities agree that; •Jie triie' test to determine whether•:or :not such a pica, is' available 'is -whether the evi- ' donee ■ necessaryto support the second con-: viction would have Men' sufficient to 'secure'. ' a ' • 1° 'this case? tliero-cannot j;be ' anyroom to question" that" the' Mdenc? 'nebessar.v. to support a": ■cliargo"of;"fisHingVwrtTiodt'-A'-.liconso cduld.'not;.•be - sufficient-'to * secu'ro '.'a conviction', on a. change.*6f-Hising-dynaniitd.: to destroy fish:; ; .offence by ' Tlio: Fisheries(Dyriahiite) A Act; 1878,' and thosolo purpose of-"the' statute is to prohibit* the-use :> fishinpv .Tho offenceof "fishing' .without a. license is 'qreated -'by'Tho Fisheries Con-, ;SerVatlon?'Acb,;:lßS-l', A -'a.nd is'not. framed to mect ; in'-ariy."wayrthe'.mischiof sought to be. rorhe3ied ;? Bjr , -.lhe"-''Fishci:i!es v (Dynamite) Act. Tt, would bo ; al)siird;-therefore, to argue that the evidehco'-which; would sustain a charge ■ of'-/fi'shin'g:'withou't>a. licenso would be sufficient/to coiivicta': person of using dynamite • for-kjljiriK -fishi'-The.'two charges aro different itf'cssence| and a. c'o'tfyiction or aconittal in one'-coiildi' ii'ot.-"'-'ili"'§Bems to me, from the very ri'a'turo' of bp'pbaded as a bar to : ari- inforniat'ion charging the other. With regard- to 'the iobjoction that tho .factstlo.nbt show-that:thti;act complainod, of :was-fishing^,''jvithin-'thenhcaning of the regiila- ; tions under which tho information is laid. I think.tbero is-no' : "{Toubt'that in a general lyav any act. that jyejults ; or is intended to result in'the ' taking or capturing of fish in any "way is fishing, and I cannot find any- ' th'ing"''in; Elip'roS'iiiiitibn's referred to to 're•stflct'th'e' •ni6aiiirig"'"'or the term 'to fish' or ' fishing 1 to an act involving one method true; that tho holder of a dicense-to -fish is prohibited from fishing in tMiytjnr&y* excenfe-. f/with natural or artificial .flVpinsec.t,. or fish only,' and that the license, thorefpro,'only contemplates such fishing by the liconseo. The general effect of this is "ri'6£,''however, to put any now or limited tho'words 'to fish' or 'fishing,' hut to restrict the licensee to ono kind of fishing only. If he uses any other means "hop rondcJs': 'lnnise]f! liable as a licensee . to' ponalties (inder other clauses of the regn- 1 ' "'latibiis, but not to fishing without a license. If a person not liconsed to fish catches or attempts .to.* catch jish by anv means whatev'er, whether allowed by a licensed nerson' • or'notifho "'is guilty of the offence of fishing, 'without- a licensoV"' Tho Magistrate also' . referred to' tho evidence and tho facts of the, : case. " Ho preforre<l to take Hw evidence of •31ie jtliree.- boys -who'i'saw- t.be fish gaffed, and ioiind'the;, two" nieil'''guilty, and fined them £2 each, and costs. . 'An Ashbiirton'. angler landed twenty-five ,'fish,Vfif ;a-,total .weight of 681b.. at tho month •of' therAsbbiirton- river on Saturday even"ing" lftsfcl' Mondav evening tho samo fish, of a total weight of 281b. '-■Four 'splendid'speciniens of the brown trout-were, to be :seen in Mr. F. W. Adams's shop window (Blenhoiml tho other morning. Tliey wero caught by Mr. Jack Jellyman in tho Wairau River. Tho 'weights would be from Gib. to 141b. -