The same rule shall apply with regard to offences against, and contraventions of, the present Convention.

ARTICLE XXXVII.-The proceedings and trial in cases of infraction of the provisions of the present Convention shall take place as summarily as the laws and regulations in force will permit.

ARTICLE XXXVIII.-The present Convention shall be ratified. The ratifications shall be exchanged at the Hague as soon as possible. ARTICLE XXXIX.-The present Convention shall be brought into force from and after a day to be agreed upon by the high contracting parties.

The Convention shall continue in operation for five years from the above day; and, unless one of the high contracting parties shall, twelve months before the expiration of the said period of five years, give notice of intention to terminate its operation, shall continue in force one year longer, and so on from year to year. If, however, one of the signatory Powers should give notice to terminate the Convention, the same shall be maintained between the other contracting parties, unless they give a similar notice.

ADDITIONAL ARTICLE.-The Government of His Majesty the King of Sweden and Norway may adhere to the present Convention, for Sweden and for Norway, either jointly or separately.

This adhesion shall be notified to the Netherlands Government, and by it to the other signatory Powers.

In witness whereof the Plenipotentiaries have signed the present Convention, and have affixed thereto their seals.

Done at the Hague, in six copies, the 6th May, 1882.

(L.S.) W. STUART.

(L.S.) C. M. KENNEDY.
(L.S.) C. CECIL TREVOR.
(L.S.) V. SCHMIDTHALS.
(L.S.) CHR. Donner.

(L.S.) Bon. A. D'ANETHAN.

(L.S.) LEOPOLD Orban.

(L.S.) C. BRuun.

(L.S.) Cte. LEFEBVRE DE BÉHAINE.

(L.S.) EM. MANCEL.

(L.S.) ROCHUSSEN.

(L.S.) E. N. RAHUSEN.

SECOND SCHEDULE.

Enactments Repealed.

A description or citation of an Act in this schedule is inclusive of the word section, or other part first and last-mentioned, or otherwise referred to as forming the beginning or as forming the end of the portion described in the description or citation.

PART I.

Enactments wholly repealed.-[Repealed by Stat. Law Rev. Act, 1898, 61 & 62 Vict. c. 22.]

Fishery board may make

byelaws for determining mesh of nets.

208

47 & 48 VICT. C. 11.

An Act for the further Protection of Fish other than Salmon in Fresh
Waters.

[19th May, 1884.]

1. (1.) In any fishery district subject to a board of conservators, the conservators may from time to time make byelaws for all or any of the following purposes; that is to say,

(i.) For determining the minimum size of the mesh of nets for catching freshwater fish which may be lawfully used within the district of such board, so that such mesh shall not be less than one inch from knot to knot, measured when wet, and so that no person shall be compelled to use a mesh larger than three inches from knot to knot measured when wet; and so that such byelaw shall not extend to any casting or dip net lawfully used for catching fish for bait;

(ii.) For determining the length and size and description of nets for catching freshwater fish, which may be lawfully used within the district of such board, and the manner of using the same; and

(iii.) For prohibiting the use of any mode or instrument of fishing for freshwater fish within the district of such board, where such mode or instrument appears to be prejudicial to the fisheries;

and may by any such byelaw impose a penalty not exceeding five pounds for each offence against any such byelaw, and provide for the seizure and for the forfeiture, on summary conviction, of nets, instruments, and devices used in contravention of any such byelaw,

and of fish found in the possession of a person contravening any such byelaw, and of fish caught by any such means, or in any such manner, as is contrary to any such byelaw, and such fish shall be deemed to be illegally caught, and any such forfeiture may be enforced by a court of summary jurisdiction.

Provided that no byelaw made under the authority of this section shall apply to any fixed nets for taking eels or to a landing net used as auxiliary to angling with a rod and line.

c. 71.

214

(2.) Sections thirty-nine to forty-five, both inclusive, and section sixty-two of the Salmon Fishery Act, 1873 (which sections relate to 36 & 37 Vict. byelaws under that Act, and to the recovery, payment, and application of penalties under those byelaws), shall apply as if the said sections were herein re-enacted and in terms made applicable to byelaws under this Act and to the penalties thereby imposed (u).

Power to form board

for coarse fish district. 205, 208, 223

2. Fishery districts may be formed, and conservators appointed, for water frequented by any freshwater fish, and section six of the Freshwater Fisheries Act, 1878, shall apply as if "freshwater fish" were therein substituted for "trout and char," and "salmon trout or char," and section twenty-seven of the Salmon Fishery Act, 1865, shall apply as if "freshwater fish" were therein substituted for c. 121. "salmon," and any conservators so appointed shall have the powers conferred on conservators by the Salmon Fishery Act, 1876.

28 & 29 Vict.

water-bailiffs.

209, 210

3 (v). Section thirty-one of the Salmon Fishery Act, 1865, and Powers of sections thirty-six, thirty-seven, and thirty-eight of the Salmon Fishery Act, 1873 (which sections relate to the powers of water bailiffs), shall extend to all waters within the limits of this Act in like manner as if those sections were re-enacted in this Act, with the substitution of "freshwater fish" for "salmon," and of "waters frequented by freshwater fish" for "salmon river," and with a reference to the Freshwater Fisheries Act, 1878, and this Act, in substitution for the reference to the Salmon Fishery Acts, 1861 to 1873, or any of them.

of 41 & 42 Vict. c. 39,

s. 5.

4. In the application of section sixty-four of the Salmon Fishery Explanation Act, 1865, to trout and char in waters within the limits of the Freshwater Fisheries Act, 1878, the words "salmon river situate in a fishery district which is subject to a board of conservators appointed under this Act" shall be construed to mean "waters frequented by trout or char."

5. Sub-heads (c.) and (d.) of sub-section three of section eleven of the Freshwater Fisheries Act, 1878, shall be read and construed as if, after the word "taking," in each of the said sub-heads, were inserted the words "in any several fishery, with the leave of the

(u) As to place where proceedings may be instituted, see Salmon and Freshwater Fisheries Act, 1892, s. 4.

(v) Printed as amended by Stat. Law Rev. Act, 1898.

Limitations of 41 & 42 Vict. exemptions in c. 39, s. 11.

Short title

tion of Act.

owner of such fishery, or in any public fishery, except where such taking in a public fishery is prohibited by a byelaw of any conservators."

6. This Act shall be construed as one with the Freshwater and construc- Fisheries Act, 1878, and that Act and this Act may together be cited as the Freshwater Fisheries Acts, 1878 and 1884, and this Act may be cited alone as the Freshwater Fisheries Act, 1884.

Prohibition of the use of poison and noxious substances for destruction of

fish.

212

Application
of Acts to
Norfolk and
Suffolk.

40 & 41 Vict. c. xcviii.

Extent of Act,

In the construction of this Act, the expression "freshwater fish" means any fish living permanently or temporarily in fresh water, exclusive of salmon.

7. Any person who unlawfully and maliciously puts any poison, lime, or noxious material in any water frequented by freshwater fish with intent thereby to destroy any of the fish that may then be or may thereafter be put therein shall be liable, on summary conviction, to a fine not exceeding twenty pounds or to imprisonment, with or without hard labour, for a term not exceeding two months.

Nothing in this section shall prevent a person being punished under any other Act, so that he be not punished twice for the same offence.

8. This Act and the Freshwater Fisheries Act, 1878, with the exception of sub-sections one, two, and three of section eleven of the latter Act, shall apply to the counties of Norfolk and Suffolk and the county of the city of Norwich, subject as follows:

(a.) They shall apply to the waters to which the Norfolk and

Suffolk Fisheries Act, 1877, applies in like manner as if those waters had been formed into a fishery district under this Act, and the conservators of the Norfolk and Suffolk Fisheries appointed under the Norfolk and Suffolk Fisheries Act, 1877, were a board of conservators appointed under this Act:

(b.) If in pursuance of this Act, and the enactments applied by this Act, the Board of Trade, on application made to them, form all or any of the waters to which the Norfolk and Suffolk Fisheries Act, 1877, does not apply in the said counties into a fishery district, the conservators of the Norfolk and Suffolk fisheries shall be the board of conservators for the said district, in like manner as if they were appointed in accordance with the said enactments, and such of the said enactments as relate to the mode of appointing a board of conservators shall not apply (x).

9. This Act shall not extend to Scotland or Ireland.

(x) Printed as amended by 49 & 50 Vict. c. 39, and Stat. Law Rev. Act, 1898.

47 & 48 VICT. C. 27.

An Act to further amend the Sea Fisheries Act, 1868.

[14th July, 1884.]

1. The powers conferred by Part III. of the Sea Fisheries Act, 1868, upon the Board of Trade to make orders with regard to oysters and mussels may be exercised by the Board of Trade with regard to cockles, in the same manner as if the expression "cockles" had been used in Part III. of that Act in addition to the expressions "oysters" and "mussels."

2. This Act may be cited as the Sea Fisheries Act, 1884.

Extension of

Part III. of

31 & 32 Vict.

c. 45,

to cockles.

191

Short title.

48 & 49 VICT. c. 78.

An Act to amend the Law relating to the Management of the Woods,
Forests, and Land Revenues of the Crown. [14th August, 1885.]

1. This Act may be cited as the Crown Lands Act, 1885.

3. Where an order under the Sea Fisheries Act, 1868, and the Acts amending the same, has been made for an oyster and mussel fishery as defined by that Act on part of the sea-shore within the meaning of that Act, and such part of that sea-shore or any portion thereof is under the management of the commissioners of Woods or of the Board of Trade, those commissioners or the Board of Trade, as the case may be, may grant a lease of so much of the said seashore as is under their management respectively, for a period not. exceeding the duration of the rights conferred by the Order, and not exceeding sixty years. Any lease of sea-shore which may have been granted for a longer term than thirty-one years by the Board of Trade before the passing of this Act in respect of a fishery comprised in an Order made under the Sea Fisheries Act, 1868, and the Acts amending the same, shall be valid as if it had been granted under the powers of this Act.

49 VICT. C. 2.

An Act to declare the meaning of Section Eleven of the Freshwater Fisheries Act, 1878, so far as regards Eels. [15th March, 1886.] [Preamble. Recites 41 & 42 Vict. c. 39.]

1. It is hereby declared that the term "freshwater fish" in section eleven of the Freshwater Fisheries Act, 1878, does not include eels: Provided that nothing herein contained shall be deemed to authorise angling for eels during the close season mentioned in such section. 2. This Act shall be construed as one with the Freshwater Fisheries Acts, 1878 and 1884, and together with those Acts may be cited as the Freshwater Fisheries Acts, 1878 to 1886, and this Act may be cited alone as the Freshwater Fisheries Act, 1886.

Section eleven of 41 & 42

Vict. c. 39, as

to close time not to apply to eels.

214, 221 Short title.