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18. To issue licenses for trout and char (u).

19. With the consent of the Board of Trade to exempt the whole or any part of their district from the operation of sub-sects. i., ii., iii. of sect. 11 of the Freshwater Fisheries Act, 1878.

20. To make bye-laws as to the size of nets for catching freshwater fish, and to prohibit the use of any mode or instrument of fishing for freshwater fish when such appears to be prejudicial to the fisheries; but such bye-laws are not to apply to fixed nets for taking eels or to a landing-net used as auxiliary to angling (x).

II.-Where Appointed under the Freshwater Fisheries Act, 1878.

The Freshwater Fisheries Act, 1878, s. 6, provides for the formation of boards of conservators and fishery districts for waters frequented by trout and char. These boards have all the powers of a board formed under the Salmon Fishery Acts, 1865 and 1873.

III.-Where Appointed under the Freshwater Fisheries Act, 1884.

The Freshwater Fisheries Act, 1884, provides for the appointment of conservancy boards for waters frequented by any fish living permanently or temporarily in fresh water, exclusive of salmon. They are to be appointed according to the provisions of the Salmon Fishery Acts, 1865 and 1873, and are to have the powers conferred by the 27th section of the Salmon Fishery Act, 1865, as though the words "freshwater fish" were therein substituted for "salmon." They have also the powers conferred on conservators by the Salmon Fishery Act, 1876, and the Freshwater Fisheries Act, 1884 (z).

(u) Freshwater Fisheries Act, 1878, s. 7.
(x) Freshwater Fisheries Act, 1884, s. 1.
() The Freshwater Fisheries Act, 1884, ss. 1, 2.

CHAPTER IX.

WATER BAILIFFS.

A WATER bailiff to a board of conservators is appointed by writing under the hand of the acting chairman for the time being (a). Before he can do any act as a water bailiff, he must produce the instrument of his appointment and offer it for inspection, but he is not bound to read it (b). A bailiff appointed under the Salmon Fishery Acts, 1861 to 1873, or the Freshwater Fisheries Acts, 1878 and 1884, may within the limits of his district-(1) examine any weir, dam, fishing weir, fishing mill-dam, fixed engine, or obstruction, or any artificial watercourse connected with any salmon river or waters frequented by freshwater fish; (2) stop and search on any salmon river or waters frequented by freshwater fish any vessel used in fishing, or which there is reasonable cause to suspect contains salmon or freshwater fish, and seize any fish, instrument of fishing, or other articles forfeited by the Salmon Fishery Acts, 1861 to 1873, or the Freshwater Fisheries Acts, 1878 and 1884; (3) search and examine all nets or other instruments used in fishing or in carrying fish by persons whom there is reasonable cause to suspect of having fish illegally caught, and seize the fish and articles; (4) he has all the powers and privileges of a constable; (5) he may seize and apprehend without warrant any person at night illegally taking or killing salmon or freshwater fish, or who is found on or near any salmon river or waters frequented by freshwater fish with intent illegally to take or kill such fish, or having in his possession any instrument prohibited by the Salmon Fishery Acts, 1861 to 1873, or the Freshwater Fisheries Acts, 1878 and 1884 (c).

If a water bailiff suspects that acts in contravention of the Salmon Fishery Acts, 1861 and 1865, or the Freshwater Fisheries Act, 1878 and 1884, are being, or are likely to be done, on any land situate on or near a salmon river or waters frequented by freshwater fish, he may obtain an order from a justice of the peace to remain on such land

(a) Salmon Fishery Act, 1865, s. 27.

(b) Barnacott v. Passmore, (1887) 19 Q. B. D. 75; Cowler v, Jones, (1890) 54 J. P. 660; Salmon Fishery Act, 1873, s. 36 (5).

(c) Salmon Fishery Act, 1873, ss. 36, 38; Freshwater Fisheries Act, 1884, s. 3.

F.

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for a period not exceeding twenty-four hours for the purpose of detecting the persons guilty (d). The justices appear to have no power to grant a like order for breaches of the Salmon Fishery Act, 1873. Under a special order from a board of conservators a water bailiff may at all reasonable times enter upon and traverse any lands, not being a dwelling-house or the curtilage thereof, adjoining or near to any salmon river or waters frequented by freshwater fish, not being a decoy pond or lands used exclusively for the preservation of wild fowl, for the purpose of preventing any breach of the Salmon Fishery Acts, 1861 to 1873, or the Freshwater Fisheries Acts, 1878 and 1884 (e). Such an order is only in force for two months. Justices of the peace may grant warrants enabling certain persons, including a water bailiff, to enter places for the purpose of detecting breaches of the provisions of the Salmon Fishery Act, 1861, or of the Freshwater Fisheries Act, 1878; such an order remains in force for one week (ƒ).

Owners of private fisheries may appoint water bailiffs, but they cannot do any acts which might not be done by any other servant of the owner. They may, however, be authorised to demand and take implements used for taking fish by poachers (g), but they can never act outside their owner's property, and must, before acting, make a reasonable demand and use no more force than is necessary (h).

(d) Salmon Fishery Act, 1865, s. 31; Freshwater Fisheries Act, 1884, s. 3.
(e) Salmon Fishery Act, 1873, s. 37; Freshwater Fisheries Act, 1884, s. 3.
(f) Salmon Fishery Act, 1861, s. 34; Freshwater Fisheries Act, 1878, s. 9.
(9) Larceny Act, 1861, ss. 25, 103.

(h) Hughes v. Buckland, (1846) 15 M. & W. 346.

CHAPTER X.

STATUTORY PROVISIONS AS TO THE CAPTURE AND DESTRUCTION OF SALMON AND FRESHWATER FISH.

BESIDES the bye-laws which may be made by boards of conservators to prohibit the capture of fish, there are also certain statutory provisions, which render certain methods of capture or destruction of fish unlawful, or which limit the use of certain fishing implements. An attempt is here made to set them out under the following headings:

EXPLOSIVES.-It is illegal to use dynamite or other explosive substance to catch or destroy fish in a public fishery within the United Kingdom, or in a public or private fishery within the limits of the Freshwater Fisheries Act, 1878 (a).

POLLUTION AND POISON.-No one may unlawfully or maliciously put any lime or other noxious material into any pond or water in which there is any private right of fishery, or into any salmon river with intent to destroy the fish that may be there (b). No one shall cause or knowingly permit to flow or put or knowingly permit to be put any liquid or solid matter into any water containing salmon, or any tributaries thereof, whether containing salmon or not, to such an extent as to poison or kill fish (c). It is not necessary to prove that fish were actually killed, when prosecuting for an offence against this provision, but only that a sufficient quantity as might be reasonably calculated to kill was put into the water or its tributary (d). This provision as to pollution does not apply to any act done in exercise of a legal right, provided it is shown that the best practicable means, within a reasonable cost, have been used to render the obnoxious matter harmless (e). In waters frequented by any fish living permanently or temporarily in fresh water,

(a) Fisheries (Dynamite) Act, 1877, s. 2; Freshwater Fisheries Act, 1878, s. 12. (b) Malicious Damage Act, 1861, s. 32; Salmon Fishery Act, 1873, s. 13. For definition of salmon river, see post, Salmon Fishery Act, 1865, s. 3, and cases there cited. (c) Salmon Fishery Act, 1861, s. 5

(d) Cf. Reg. v. Bradford, (1860) 24 J. P. 374.

(e) Salmon Fishery Act, 1861, s. 5; as to the method by which reasonable cost is to be determined, see sects. 6 and 7.

exclusive of salmon, lime poison or other noxious material may not be introduced with intent to destroy fish (ƒ).

The above provisions are all directed to the protection of fish. There are, however, numerous provisions for preventing the fouling of water which may contain fish, such as the Rivers Pollution Prevention Acts, 1876 and 1893, the Waterworks Clauses Act, 1847, the Gas Works Clauses Act, 1847, the Public Health Act, 1875, and the Land Drainage Act, 1861.

A local sea fisheries committee have incidentally power to prevent the pollution of waters frequented by salmon, as they can make byelaws prohibiting or regulating the deposit or discharge of any solid or liquid substance detrimental to sea fish or sea fishing. This power is, however, subject to the qualification that it shall not affect any power of a sanitary or local authority to discharge sewage in pursuance of any general or local Act of Parliament (ƒƒ).

LIGHTS, SPEARS, ROE, &c.-No one may use any light, otter, lath or jack, wire or snare, spear, gaff, strokehall, snatch, or other like instrument for the purpose of catching or killing salmon, and no one may possess any of the above things unless he can show that he did not intend to catch or kill salmon (g).

Otter, lath or jack mean and include any small boat or vessel, board or stick used for the purpose of running out artificial or other baits or otherwise across any portion of a lake or river, whether used with a hand-line or as auxiliary to a rod and line, or in any other way. Strokehall or snatch mean and include any instrument or device, whether used with a rod and line or otherwise, for the purpose of foul-hooking any fish (h). A net with an illegally small mesh is not a like instrument to a snare (i). A gaff may be used as an auxiliary to angling with a rod and line, provided its use is not prohibited by any local bye-law (k).

Roe. The roe of any species of fish may not be used for the purpose of fishing, and it is illegal to possess salmon roe or to sell or expose it for sale, unless for the purpose of artificial propagation or other scientific purposes (). In districts which are subject to a board of conservators, a person may not possess salmon roe without the written consent of the board (m).

(f) Freshwater Fisheries Act, 1884, s. 7.

(f) Sea Fisheries Regulation Act, 1888, ss. 2 (e), 13 (c).

(g) Salmon Fishery Act, 1861, s. 8; Salmon Fishery Act, 1873, s. 18.

(h) Salmon Fishery Act, 1873, s. 4.

(i) Jones v. Davies, [1898] 1 Q. B. 405.

(k) Salmon Fishery Act, 1861, s. 8; Salmon Fishery Act, 1873, s. 39, sub-s. 9.

(7) Salmon Fishery Act, 1861, s. 9.

(m) Salmon Fishery Act, 1865, s. 60.

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