cation of

64. The Sections of the Salmon Fishery Act, 1861, that apply to fishing with Lights, Partial AppliSpears, and other prohibited Instruments, and to using Roe as a Bait, and which are Salmon Acts numbered respectively Eight and Nine, as amended by this Act, shall apply to Trout in

a Salmon River situate in a Fishery District which is subject to a Board of Conservators in Salmon appointed under this Act; and in any such River no Person shall fish for, catch or attempt Rivers. to catch, or kill any Trout between the Second Day of November and the First Day of February following, both inclusive; and any Person wilfully killing any Trout in any such River as aforesaid during such Interval as aforesaid shall forfeit any Trout caught by him, and shall, in addition thereto, be liable to a Penalty not exceeding Two Pounds for each Offence: Provided always, that nothing herein contained shall apply to any Person having in his Possession Trout or Trout Roe for the Purpose of artificial Propagation or other Purpose, if such Person has the Permission in Writing of the Board of the District in which the River runs from whence such Trout or Trout Roe has been taken to catch such Trout, and to have in his Possession such Trout or Trout Roe for the Purposes aforesaid.

65. All Salmon intended for Exportation shall be entered for that Purpose with the proper Officer of Customs, at the Port or Place of intended Exportation, before Shipment thereof; and any Salmon shipped or exported, or brought to any Wharf, Quay, or other Place for Exportation, between the Third Day of September and the Second Day of February following, contrary to this Section, shall be forfeited, and the Person shipping or exporting, or bringing the same for Exportation, shall be liable to a Penalty not exceeding Two Pounds for every Salmon so shipped or exported, or brought for Exportation; and any Officer of the Customs may, between the Third Day of September and the Second Day of February, open any Parcel entered or intended for Exportation, or brought to any Quay, Wharf, or other Place for that Purpose, and suspected by him to contain Salmon, and may detain any Salmon found in such Parcel until Proof is given, in manner provided by Law, of the Salmon being such as may be legally exported; and if the Salmon, before such Proof is given, become unfit for Human Food, the Officer of Customs may destroy the same.

Provisions as to Exportation of Salmon.

66. If any Person feels aggrieved by any Determination or Adjudication of the Justices Appeal to with respect to any Penalty or Forfeiture under the Salmon Fishery Acts 1861, 1865, sions in case Quarter Sesor either of the said Acts, the Person so aggrieved may appeal to the Court of General of summary or Quarter Sessions for the County or Place in which the Cause of Appeal has arisen, Conviction. holden not less than Fifteen Days and not more than Four Months after the Decision of the Justices from which the Appeal is made; provided that the Appellant shall, within Three Days after the Cause of Appeal has arisen, give Notice in Writing to the other Party to the Proceedings of his Intention to appeal, and of the Grounds thereof; and also provided that the Appellant shall, within Three Days after the Cause of Appeal has arisen, enter into a Recognizance before a Justice of the Peace, with Two sufficient Sureties, conditioned personally to try such Appeal and to abide the Judgment of the Court thereon, and to pay such Costs as may be awarded by the Court: The Court may adjourn the Appeal, and upon the Hearing thereof may confirm, reverse, or modify the Decision of the Justices, with or without Costs, to be paid by either Party.

For Outriggers or Leaders to Putts or Putchers of 100 Yards in
Length, or under

For any Outriggers or Leaders of greater Length

For V-Weirs, or Gog-heads or Baulks, each

Otter, Lath, or Jack

Cross Line

Maximum.

L

s. d.

1 0

0

400

For any Instrument not named in this Schedule, and not being a Rod and Line, such Sum as may be determined by the Conservators with the Approval of the Secretary of State.

SECOND SCHEDULE.
FORM A.

ADVERTISEMENT.-SALMON FISHERY ACTS, 1861, 1865.

Notice is hereby given, That the Special Commissioners for English Fisheries will hold a Court and at such Court will proceed to inquire into the Legality of all Fishing Weirs, Fishing Milldams, and fixed Engines situate on the and all Persons interested in such Engines are required to attend at such Court from Day to Day until discharged, in order that a Decision may be made by the said Commissioners with respect to the Removal of such Fishing Weirs or fixed Engines, or the Alteration of such Fishing Milldams, or that such other Order may be made by them in the Premises as the Facts of each Case appear to warrant.

Take notice, you are required to appear before us, the Special Commissioners for English Fisheries, and thenceforward from Day to Day until discharged, in order that there may be then and there an Inquiry by us touching the Legality of and that a Decision may be made by

us with respect to their Removal, or that such other Order may be made by us in the Premises as the Facts of the Case may appear to us to warrant.

Given under our Hands and under the Common Seal of the said Commissioners
this
Day of
186 .

CA P. CXXII.

An Act to amend the Law as to the Subscriptions and Declarations to be made and Oaths to be taken by the Clergy of the Established Church of England and Ireland. [5th July 1865.] WHEREAS it is expedient that the Subscriptions, Declarations, and Oaths required to be made and taken by the Clergy of the United Church of England and Ireland ⚫ should be altered and simplified:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

1. The following Declaration is herein-after referred to as "the Declaration of Assent.” A.B. do solemnly make the following Declaration:

'I assent to the Thirty-nine Articles of Religion, and to the Book of Common Prayer and of the ordering of Bishops, Priests, and Deacons. I believe the Doctrine of the United Church of England and Ireland, as therein set forth, to be agreeable to the Word of God; and in Public Prayer and Administration of the Sacraments I will use the Form in the said Book prescribed, and none other, except so far as shall be ordered by lawful Authority.'

Declaration

of Assent.

2. The following Declaration is herein-after referred to as "the Declaration against The DeclaraSimony:" tion against Simony.

I

A.B. solemnly declare, That I have not made, by myself or by any other Person on my Behalf, any Payment, Contract, or Promise of any Kind whatsoever which to the best of my Knowledge or Belief is simoniacal, touching or concerning the obtaining the Preferment of nor will I at any Time hereafter perform or satisfy, in whole or in part, any such Kind of Payment, Contract, or Promise made by any other ' without my Knowledge or Consent.'

3. The following Declaration is herein-after referred to as "the Stipendiary Curate's Stipendiary

Declaration:"

Curate's
Declaration.

bona fide undertake to pay to C.D. of

in the County of

in the County of

the annual Sum of

Pounds as a Stipend for his Services as Curate, and I

• C.D. bonâ fide intend to receive the whole of the said Stipend.

And each of us the said A.B. and C.D. declare that no Abatement is to be made out of the said Stipend in respect of Rent or Consideration for the Use of the Glebe House; and that IA.B. undertake to pay the same, and I C.D. intend to receive the same, • without any Deduction or Abatement whatsoever.'

Ordination.

4. Every Person about to be ordained Priest or Deacon shall, before Ordination, in the Subscription Presence of the Archbishop or Bishop by whom he is about to be ordained, at such Time and Oaths on as he may appoint, make and subscribe the Declaration of Assent, and take and subscribe the Oath of Allegiance and Supremacy according to the Form set forth in the Act of the Session of the Twenty-first and Twenty-second Years of the Reign of Her present Majesty, Chapter Forty-eight.

Benefice or

5. Every Person about to be instituted or collated to any Benefice, or to be licensed to Subscription any Perpetual Curacy, Lectureship, or Preachership, shall, before Institution or Collation and Oaths on is made or Licence granted, make and subscribe the Declaration of Assent, and the Decla- Institution to ration against Simony, and take the said Oath of Allegiance and Supremacy, in the Presence of the Archbishop or Bishop by whom he is to be instituted, collated, or licensed, or the Commissary of such Archbishop or Bishop.

Licence to

a Perpetual Curacy, &c.

6. Every Person about to be licensed to a Stipendiary Curacy shall, before obtaining Declaration on such Licence, present to the Archbishop or Bishop by whom the Licence is to be granted, taking Stipenthe Stipendiary Curate's Declaration, signed by himself and by the Incumbent of the diary Curacy.

Benefice to which he is about to be licensed.

or Collation.

7. Every Person instituted or collated to any Benefice with Cure of Souls, or licensed to Declaration a Perpetual Curacy, shall, on the first Lord's Day on which he officiates in the Church of after Institution such Benefice or Perpetual Curacy, or on such other Lord's Day as the Ordinary may appoint and allow, publicly and openly, in the Presence of the Congregation there assembled, read the Thirty-nine Articles of Religion, and immediately after reading the same make the said Declaration of Assent, adding, after the Words " Articles of Religion," in the said Declaration, the Words " which I have now read before you."

If any Person instituted, collated, or licensed as aforesaid wilfully fails to comply with the Provisions of this Section, he shall absolutely forfeit his Benefice or Perpetual Curacy,

but

Declaration

after Licence to Stipendiary Curacy.

No other Declaration or

Oaths than

but no Title to present by Lapse shall accrue by any such Forfeiture until the Ordinary has given Six Months Notice thereof to the Patron.

8. Every Person licensed to a Stipendiary Curacy shall, in the Presence of the Archbishop or Bishop by whom he was licensed, or of the Commissary of such Archbishop or Bishop, (unless, having been ordained on the same Day, he has already made and subscribed the same,) make and subscribe the Declaration of Assent, and on the first Lord's Day on which he officiates in the Church or in One of the Churches in which he is licensed to serve publicly and openly make the Declaration of Assent in the Presence of the Congregation there assembled, and at the Time of Divine Service.

If any Person licensed to a Stipendiary Curacy wilfully fails to comply with the Provisions of this Section his Licence shall be void.

9. Subject as herein after mentioned, no Person shall, on or as a Consequence of Ordination, or on or as a Consequence of being licensed to any Stipendiary Curacy, or on or as those required a Consequence of being presented, instituted, collated, elected, or licensed to any Benefice with Cure of Souls, Perpetual Curacy, Lectureship, or Preachership, be required to make any Subscription or Declaration, or take any Oath, other than such Subscriptions, Declarations, and Oath as are required by this Act.

by Act to be enforced.

Declaration of Assent to be substituted in case of other

10. On all Occasions other than those herein-before provided for, on which any Declaration or Subscription with respect to the Thirty-nine Articles or the Book of Common Prayer or the Liturgy is required to be made by any Person in Holy Orders appointed to Ecclesiastical any Ecclesiastical Dignity, Benefice, or Office, the making and subscribing the Declaration Appointments. of Assent shall be substituted for the making any such Declaration or Subscription as aforesaid; and on all Occasions other than those herein-before provided, on which any Oath against Simony is required to be taken, the making and subscribing the Declaration against Simony shall be substituted for the taking such Ŏath.

When Oaths not to be administered.

Oath of canoni

11. No Oath shall be administered during the Service for the Ordering of Deacons, or during the Service for the Ordering of Priests, or during the Service for the Consecration of Archbishops and Bishops.

12. Nothing in this Act contained shall extend to or affect the Oath of canonical cal Obedience Obedience to the Bishop, or the Oath of due Obedience to the Archbishop taken by Bishops on Consecration."

not affected.

Extent of Act.

Short Title.

As to Repeal of Acts in Schedule.

13. That this Act do extend to the Islands of Guernsey, Jersey, Alderney, and Sark, and to the Isle of Man.

14. This Act may be cited for all Purposes as "The Clerical Subscription Act, 1865." 15. The Enactments described in the Schedule hereto, and all Enactments amending, confirming, or continuing the same, and all other Enactments inconsistent with this Act, are hereby repealed.

Title of Act.

28 Hen. 8. c. 15. (Irish).
1 Eliz. c. 1.

An Act to restore to the Crown
the ancient Jurisdiction over
the Estate Ecclesiastical and
Spiritual, and abolishing all
foreign Powers repugnant to
the same.

SCHEDULE.

Description of repealed Enactments.

The whole of Sections Nine and Ten.

Sections Nineteen, Twenty, Twenty-one, Twenty-two, and Twenty-three, so far as they relate to any Oath to be taken by a Person who is ordained or licensed to a Stipendiary Curacy, or presented, instituted, collated, elected, or licensed to any Benefice, Perpetual Curacy, Lectureship, or Preachership.

* The Numbers of the Sections correspond with the Numbers in the ordinary Editions of the Statutes.