The facts, briefly stated, were: Roberts and Williams laid in a private
river two fishing lines; one end of the lines attached to two pieces
of wood driven into the ground made fast the lines, the other end held
hooks baited with worms, and a stone to keep the lines under water.
“The lines were left by the men, who subsequently were found taking
two fish off the hooks, and resetting the lines, of which the keepers
deprived them. The charge (under s. 24 of the Larceny Act of 1861)
ran of unlawfully, etc., taking fish otherwise than by angling. The
Justices of Bangor refused to commit, on the ground that they were
angling, and thus under the Act were protected from damages or penalty
for such angling.”
On appeal both sides cited Izaak Walton and other authors; both quoted
the _N.E.D._—the appellant its definition of ‘Angling,’ _i.e._ fishing
with a rod, and the respondent that of ‘Angle’ (vb.), _i.e._ to fish
with hook and bait.
The three Judges, judge-like, disagreed in their reasons but agreed in
allowing the appeal, and disagreeing in their conceptions of angling
agreed in abstaining from any definition.
“In the kingdom of the blind, the one-eyed is king.” Mr. Justice
Phillimore was the least non-positive. He even committed himself to
the following: “He did not think that a rod must necessarily be part
of an angler’s outfit, but only a hook and line. He thought _the human
element_ must be present, and that it was not sufficient when the
tackle was set once and for all, and then left.”
It is obvious from the above that, while the dictionaries are but blind
guides, the Law (if on this occasion not exactly “a hass”) fails to
elucidate what exactly constitutes Angling.
Dr. Henry van Dyke, the author of _Little Rivers_ and other fascinating
books connected with fishing, suggests to me “Angling, the art of
fishing by hand with a hook and line, with or without a rod.” I much
prefer this to that of _N.E.D._, because of its greater accuracy and
of its inclusion of that really skilful method, hand-lining. But for
general convenience I adopt as the definition of Angling “_The action,
or art, of fishing with a Rod._”
_My Fishing from the Earliest Times_ treats of the Old Stone Men,
Egyptians, Assyrians, Chinese, Jews, Greeks, and Romans. The amount of
space allotted to the last two, compared with that occupied by some of
the other nations, may suggest the immortal even if apocryphal chapter
of “_Snakes in Ireland_.” “There are none.”
To any such criticisms I make answer that for nearly all our knowledge
as to the methods and tackle of fishing and varieties of fish we are
indebted to the Greeks and Romans, and in a smaller degree to the
Egyptians and Chinese.
Reasons of date, data, and dearth of paper prevent my using in this
book the material which I had collected on Indian, Persian, and
Japanese Fishing.
Public-domain text, read in full here on John Shaqi.
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