Board of Trade may approve existing fish passes. Amendment of sections 23, 24, and 26 of The Salmon Fishery Act, 1861." 218 Compensation to be paid on erecting fish thousand eight hundred and seventy-five, it shall be lawful for such person to use, from and after the erection of such fish pass, the said fishing mill dam, box, crib, or cruive for taking salmon, any provision in "The Salmon Fishery Act, 1865," to the contrary notwithstanding: Provided nevertheless, that in the event of the owner of such fishing mill dam, box, crib, or cruive not making such fish pass within the time above mentioned, his right of fishing or using such fishing mill dam, box, crib, or cruive for the purpose of taking fish shall henceforth cease, and be for ever forfeited and lost, and the board of conservators for the district in which such fishing mill dam, box, crib or cruive is situated shall thereupon give notice to such owner to remove all or any cages, cribs, traps, boxes, cruives, or other contrivances for catching salmon within six calendar months after the service of such notice; and in the event of his non-compliance with such notice, the board aforesaid shall have power to remove the same and all other obstructions to the free passage of the fish. 52. In all cases where any fish pass has been already constructed in any weir, dam, or fishing mill dam, and has received the approval of the Board of Trade, such fish pass shall be deemed to be a fish pass within the meaning of "The Salmon Fishery Acts, 1861 to 1873," notwithstanding such fish pass was not constructed in the manner and by the parties specified in "The Salmon Fisheries Acts, 1861 to 1873." And it shall be lawful for the Board of Trade to approve and certify any fish pass that now is or hereafter shall be constructed, if they are of opinion that such fish pass is efficient in all respects and for all purposes, as if the same had been constructed under the provisions of "The Salmon Fishery Act, 1861," with the written consent and approbation of the Board of Trade. 53. The following sections of "The Salmon Fishery Act, 1861," shall be respectively amended in the following manner; (that is to say,) The twenty-third and twenty-fourth sections thereof shall be read The twenty-sixth section thereof shall be construed as if the words 54. In all cases in which it is alleged that a board of conservators, in executing the powers and authorities of the Salmon Fishery Acts, 219 1861 to 1873, have caused any damage to or injuriously affected any passes or gratings. land or other hereditaments by reason of the making or maintaining of any fish pass, grating, or other work, if the compensation claimed in respect of such alleged damage shall not exceed the sum of fifty pounds, the same shall be settled by two justices of the peace, but if the compensation shall exceed the sum of fifty pounds the same shall be settled by arbitration in accordance with the provisions () of the Common Law Procedure Act, 1854: Provided always, that no compensation shall be recovered under this section unless proceedings for the recovery of the same are instituted within two years from the date of the erection of such fish pass, grating, or other work. to Severn weirs. 55 (k). Each of the dams or weirs constructed by the Severn Provision as Commissioners under the provisions of "The Severn Navigation Acts, navigation 1842 and 1853," respectively, or either of them, shall be deemed a dam or weir within the meaning of "The Salmon Fishery Acts, 1861 to 1873," and the provisions of the said Acts shall apply thereto, and that every fish pass now existing in the said dams or weirs or either of them, or which may be constructed therein under the provisions of this Act, shall be deemed a fish pass within the meaning of "The Salmon Fishery Acts, 1861 to 1873," and shall be maintained in an efficient state by the said Severn Commissioners. 56. Any inspector, or any person or persons duly appointed in writing by a board of conservators, may at all times enter upon any lands to inspect any weir, dam, fishing weir, fishing mill dam, fixed engine, obstruction, mill race, or watercourse, and any person either refusing to admit or obstructing them or any of them in entering any such place or places shall for every such offence be liable to a penalty (/) of not exceeding five pounds. 57. In addition to the license duties authorised to be levied in a fishery district, the board of conservators may from time to time, with the sanction of the Board of Trade, for the purpose of defraying the charges of any improvements made or about to be made for the purpose of facilitating the passage of salmon, levy additional license duties throughout the district, not exceeding in any one year twenty-five per cent. of the sum paid by each person respectively, and the said additional duty shall be payable at the same time as and in addition to the ordinary license duty, and shall for all the purposes of the Salmon Fishery Acts be deemed part of the ordinary license duty, and no license granted after the passing of this Act (i) These provisions were repealed by 52 & 53 Vict. c. 49, s. 26; see now that Act. (k) Partly repealed by Stat. Law Rev. Act, 1883; see Stat. Law Rev. Act, No. 2, 1893. (1) Second offence penalty must be 27. 108. to 5l., and third offence, 5l.: Salmon Fishery Act, 1865, s. 57; Salmon Fishery Act, 1873, s. 18 (5). Power to enter weirs, dams, and inspect &c. Board may levy additional duty for permanent improve ments. 207, 223 without payment of such additional duty, if any, as well as the license duty applicable thereto, shall be valid: Provided, that notice shall be given by the board, by advertisement in one or more local newspapers, one calendar month before the commencement of each fishing season, of the amount of such additional duty to be paid in addition to the ordinary license duties in force in each district. And the estimate on which such additional duty is founded shall be kept by the clerk or other officer of the board, and be open to the inspection of all previous license payers, riparian owners, and persons entitled to vote within the district, at reasonable times and places to be appointed by the board before the commencement of each fishing season. Gratings in water courses. 207, 219 Power to widen channels. 219 Board may place gratings at mouths of streams. 207, 220 PART IX. GRATINGS TO PREVENT FISH ENTERING WATERCOURSES. 58. Any board of conservators after due notice to the owner or occupier of any mill or other premises, at the expense of such board during such period as may be prescribed in each year, may order to be placed in any watercourse, mill race, cut, leat, or other channel for conveying water for any purpose from any river frequented by salmon at or near the point of divergence from and return to such river, or either of them, or any other suitable place, a grating of such form and dimensions as they shall determine: Provided always, that nothing herein contained shall affect the liability of any person to place and maintain a grating or gratings across any artificial channel under the provisions of the thirteenth section of the Salmon Fishery Act, 1861, nor shall authorise any grating to be placed so as to obstruct any channel used for navigation or in any way to interfere with the effective working of any mill. 59. In all cases of construction of gratings under the powers of this Act, the Board of Trade may, in such cases as the Board shall deem expedient, cause any watercourse, mill race, cut, leat, or other channel to be widened at the expense of such board, so far as necessary to compensate for the diminution of any flow of water caused by the erection of any grating, or shall take some other means to prevent the flow of water being prejudicially diminished or otherwise injured. 60. A board of conservators, with the consent of the Board of Trade, may adopt such means as the Board shall approve for preventing the ingress of salmon into streams in which they or their spawning beds are, from the nature of the channel, liable to be destroyed, but so that no water rights used or enjoyed for the purposes of manufacture, or agricultural purposes, or drainage or navigation, shall be prejudicially interfered with thereby. 219 61. The owner or occupier of the lands adjoining any grating Owner to erected under the authority of this Act, and the owner or occupier preserve gratings. of the lands to which such watercourse, mill race, cut, leat, or other channel leads, shall take all reasonable means to preserve the said gratings from injury, and to prevent the same from being removed, and in case any owner, occupier, or other person shall injure such gratings, or remove any part of them, during the period prescribed for any such grating to be kept up by any byelaw made under the authority of this Act, or open them improperly, or knowingly permit them to be injured or removed or improperly opened, he shall for every such injury, removal, or improper opening, forfeit and pay any sum not exceeding five pounds (m). PART X. LEGAL PROCEDURE. 62. All penalties imposed by "The Salmon Fishery Acts, 1861 to Recovery of 1873," or by any byelaw made in pursuance of this Act, and all penalties. sums of money, costs, and expenses by the said Acts or either of them directed to be recovered in a summary manner, may be recovered within six months (n) after the commission of the offence before two justices, in manner directed by an Act passed in the eleventh and twelfth years of the reign of Her present Majesty Queen Victoria, chapter forty-three, intituled "An Act to facilitate the performance of the duties of Justices of the Peace out of sessions within England and Wales, with respect to summary conviction and orders," or of any Act amending the same. And all moneys received and penalties recovered under the said Acts or any of them on the complaint of a board of conservators, or of any officer of or a person authorised by a board of conservators (o) shall be paid to the board of conservators for the district, to be applied by them for the purposes of "The Salmon Fishery Acts, 1861 to 1873" (unless the Court for some special reason otherwise order). 63. The clerk, secretary, or other officer where there is no clerk, Returns. of every board of conservators shall prepare and forward to the Board of Trade, before such date as the Board of Trade shall from time to time appoint, an annual return in such form and made up (m) For a second offence he will forfeit 21. 10s. to 51., and for third offence, 51. Salmon Fishery Act, 1865, s. 57; Salmon Fishery Act, 1873, s. 18 (5). (n) Where an information for a penalty for an offence under the Salmon Fisheries Acts was laid, and a summons issued and served within six months from the commission of the offence, it was held that, although the matter did not come for hearing before the justices until after the period of six months had expired, that the limitation of time provided by 11 & 12 Vict. c. 43, s. 11, applied, and that the justices could convict: Morris v. Duncan, [1899] 1 Q. B. 4. (0) See the Fisheries Act, 1891, s. 13, as to powers of persons other than conservators to take proceedings. As to place where proceedings can be instituted, see Salmon and Freshwater Fisheries Act, 1892, s. 4. Proof of legality of scale of licenses. 223 Repeal of to such date as the Board of Trade shall from time to time appoint. Such return shall contain such information as the said Board of Trade shall from time to time require; and any such person refusing or neglecting to make such return shall be liable to a penalty of not exceeding one pound for every such refusal or neglect. 64. The provisions of the "Documentary Evidence Act, 1868," shall apply to a scale of licenses approved by the Board of Trade, in pursuance of the said "Salmon Fishery Act, 1865," or this Act, in the same manner as if such scale so approved as aforesaid were an order or regulation issued by such Board of Trade, and the production of a copy of such scale of licenses, purporting to be certified to be a correct copy of such scale, by any person empowered to certify the same in pursuance of the "Documentary Evidence Act," shall be evidence that such scale has been approved of, and that all the steps required by "The Salmon Fishery Act, 1865," or this Act, relating to the formation and approval of such scale have been taken. 65. The eighteenth, nineteenth, and thirty-fifth sections of the Salmon Fishery Act, 1861, and the fourteenth, twentieth, twentyfourth, twenty-sixth, and thirtieth sections, the first and second sub-sections of the thirty-fourth section, and the first schedule of the Salmon Fishery Act, 1865, are hereby repealed, except so far as relates to anything done or in the course of being completed under the same respectively (p). I the undersigned in the county of SCHEDULES. FIRST SCHEDULE. Form of Nomination Paper. of Fishery District. do hereby nominate [4.B. of Esquire, C.D. of in the county of fisherman] for election as additional members of the board of conservators Fishery District under the provisions of "The Salmon of the |