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Water, or Loch, with Intent to take with any Net any Trout or other Fresh-water Fish, such Person shall forfeit and pay a Sum not exceeding Five Pounds for every such Offence.
III. And be it enacted, That if any such Trespasser shall have Possession of in his Possession any Net of any Description whereby Trout or Nets Evidence other Fresh-water Fish may be taken or killed, the Possession of Intent. thereof shall be held to be sufficient Evidence of the Intent of such Trespasser to commit such Offence.
IV. And be it enacted, That it shall be lawful for any Person Persons treswithout any Warrant or other Authority than this Act, brevi passing may be many, to seize and detain any Person who shall be found committing any Offence against this Act, and to carry such Person before the Sheriff or any Justice of the Peace in the County within which the Offence shall take place, or to deliver such Person to a Constable, who is hereby required to carry such Person before such Sheriff or Justice, and the Sheriff or Justice of the Peace before whom such Offender shall be brought shall forthwith examine and discharge or commit such Offender until Caution de judicio sisti be found, as the Case may require; and it shall in like Manner be lawful to seize and detain any Boat or Net of any Description used or intended to be used in the Commission of any such Offence, and also any Fish taken by any such Offender, and to give Information thereof to the Sheriff.
V. And be it enacted, That all Justices of the Peace shall and Justices and may act in the Execution of this Act notwithstanding that such Proprietors not Justices shall be the Proprietors of Land through or by which to be disqualiany River or Water may flow, or upon which any Loch may be wholly or partially situated, or shall otherwise have a Right of Trout or Fresh-water Fishing in any such River, Water, or Loch, except in Cases in which any such Justice is a Party to the Prosecution of the Case, or is directly interested in the Result thereof; and no such Proprietor or Party having Right as aforesaid shall be incompetent as a Witness to prove any Offence committed against this Act by reason of his being such Proprietor or having such Right.
VI. And for the Recovery of the Penalties and Forfeitures For the Reimposed by this Act, be it enacted, That any such Penalties or covery of Forfeitures may be recovered by summary Proceeding upon Com- Penalties. plaint in Writing made by any Party prosecuting for the same to the Sheriff of the County in which such Offence shall be comnitted, or to the Sheriff of any County in which the Offender may be found, and on such Complaint such Sheriff shall issue a Warrant for bringing the Party complained against immediately before him, or shall issue an Order requiring such Party to appear at a Time and Place to be named in such Order; and every such Order shall be served on the Party complained against either in Person or by leaving with some Inmate at his usual Place of Abode a Copy of such Order and of the Complaint whereon the same has proceeded; and either upon the Appearance or on the Default to appear of the Party complained against it shall be lawful for the Sheriff to proceed to the hearing of the Complaint, and upon Proof of the Offence, either by the Confession of the Party complained against, or upon the Oath of One credible Witness or more, and without any written Pleadings or Record of Evidence,
it is that Provision should be ma
for preventing the Destruction of Trout and other Fres water Fish by Nets in the Rivers, Waters, and Lochs Scotland: Be it therefore enacted by the Queen's most Excelle Majesty, by and with the Advice and Consent of the Lords Sp ritual and Temporal, and Commons, in this present Parliame assembled, and by the Authority of the same, That it shall not ba lawful for any Person whatsoever, not being the Proprietor o the Land through or by which any River or Water flows, or o which any Loch is wholly or partially situated, or not having Right there to fish for Trout or Fresh-water Fish, or not hav a written Permission from some such Proprietor or Person enti to fish as aforesaid, at any Time after the passing of this A fish for Trout or other Fresh-water Fish in any such Water, or Loch in Scotland, with any Net of any Kind tion; and if any Person, not being a Proprietor or
thereof shall be held te snem Ervicfice of the Alle NL at 4, NE
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V. And be it enacted. That all Justices of the Pe
holly or partially situated, or shall otherwise ise 1 or Trout or Fresh-water Fishing in any such Kive and except in Cases in which any such Justice is a p musication of the Case, or is directly interested us to camer he Land och Proprietor or Party having Ring ata the incompetent as a Witness to prove 2:
it hint this Act by reason of his being sua tomor Prach Right.
VI. And for the Recovery of the Frutat pted by this Act, be it enacted ar orfeitures may be recovered by summEST Persent in Writing made by any Pute Sheriff of the County in when
red, or to the Sheriff of any Conte
inmissioners shall cause Investment of gland, and placed to their such Monies.
> be invested from Time to the said Commissioners shall Dank Annuities in their Names, count herein-before provided; and which shall arise from Time to Time, shall in like Manner be invested in the ties: Provided always, that such Interest
20 G. 2. c. 43.
Interpretation of Act.
to convict the Offender, and upon such Conviction to decern, adjudge, and sentence him to pay the Penalty or Forfeiture incurred, and the Expences attending the Conviction, and to grant Warrant for imprisoning him until such Penalty or Forfeiture and Expences shall be paid: Provided always, that such Warrant shall specify the Amount of such Penalty or Forfeiture and Expences and shall also specify a Period at the Expiration of which the Party shall be discharged, notwithstanding such Penalty or Forfeiture and Expences shall not have been paid, and which Period shall in no Case exceed Two Calendar Months; and it shall be lawful for the Sheriff to make such Orders concerning the imme diate Disposal of any Boat, Net, or Fish seized or forfeited under the Provisions of this Act as may be necessary.
VII. And be it enacted, That it shall be lawful for any Person who shall think himself aggrieved by any Judgment of the Sheriff pronounced in any Case arising under this Act to appeal from the same to the next Circuit Court of Justiciary, or, where there are no Circuit Courts, to the High Court of Justiciary at Edinburgh, in the Manner, and by and under the Rules, Limitations, Con ditions, and Restrictions contained in an Act passed in the Twentieth Year of the Reign of His Majesty King George the Second, for taking away and abolishing Heritable Jurisdiction in Scotland, with this Variation, that such Person shall, in place of finding Caution in the Terms prescribed by the said Act, l bound to find Caution to pay the Penalty or Forfeiture and Ex pences awarded against him by the Sentence appealed from, in the event of the Appeal being dismissed or not insisted in, together with any additional Expences that may be awarded by the Court on deciding or dismissing the Appeal; and it shall not be com petent to appeal from or bring the Judgment of any Sheriff acting in the Execution of this Act under Review, by Advocation of Suspension or by Reduction, or in any other Way than as herein provided.
VIII. And be it enacted, That all Penalties and Forfeitures imposed under the Authority of this Act shall, when levied, be paid, the one Half thereof to the Prosecutor, and the other Half to the Poor of the Parish within which the Offence shall have been committed.
IX. And be it enacted, That no Prosecution or other Proceed ing whatever shall be brought or commenced against any Person for any Offence against this Act, unless the same shall be com menced within Six Calendar Months after such Offence shall have been committed.
X. And be it enacted, That the Words "River," "Water," or "Loch" occurring in this Act shall mean and include Stream, Burn, Mill-pool, Mill-lead, Mill-dam, Sluice, Pond, Cut, Canal, and Aqueduct, and every other Collection or Run of Water in which Trouts and other Fresh-water Fish breed, haunt, or are found or preserved; that the Word "Sheriff" shall mean the Sheriff of the County in which the Offence happens or Case arises, and shall include the Sheriff Substitutes of such Sheriffs: that the Singular shall include the Plural Number, and Words importing the Plural Number shall include the Singular; and Words importing the Masculine Gender shall include Females.
XL. And be it enacted, That nothing herein contained shall Saving the affect any Act of Parliament, general or local, passed for the Laws regardPreservation of the Salmon Fisheries in Scotland, or in relation ing the Salmon to the fishing of Salmon or Fish of the Salmon Kind in Scotland.
XII. And be it enacted, That this Act may be amended or Alteration of repealed by any Act of Parliament to be passed in the present Act. Session of Parliament.
CA P. XXVII.
An Act to amend the Act to establish Military Savings [30th June 1845.] WHEREAS, pursuant to an Act passed in the Fifth and Sixth Years of the Reign of Her present Majesty Queen Victoria, intituled An Act to establish Military Savings Banks, 5 & 6 Vict. c.71. there have been established in the several Regiments of Cavalry
and Infantry in Her Majesty's Service Regimental Savings
to be paid to
Banks for the Custody and Increase of small Savings, belonging to the Non-commissioned Officers and Soldiers serving therein: And whereas such Savings have been applied in diminution of the Charge of the Public Military Expenditure, placed under the Control of the Secretary at War for the Time being: And whereas it is expedient to amend the said Act:' 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, That it shall be lawful for the Secretary at War for the Secretary at Time being to authorize, by his Warrant, Payment from the Funds War to direct granted for Army Services of the full Amount of the Money certain Monies received and applied for the Public Service, as well as of any the Account of Money which may hereafter be received and applied under and the Commisby virtue of the said recited Act, together with the Interest allowed sioners for the thereon, from the Account of the Paymaster General to the Reduction of Account of the Commissioners for the Reduction of the National the National Debt; and the Cashier of the Bank of England is hereby required carried to the Debt, and to receive all such Monies, and to place the same into a separate Account of the Account, to be raised in the Names of the said Commissioners Military Savin the Books of the Governor and Company of the Bank of ings Banks. England, denominated "The Fund for the Military Savings Banks" Provided always, that previous to any Payment being made into the Bank of England as aforesaid, the Person applying for that Purpose shall in all Cases produce to the Officer of the Commissioners, at their Office in London, a Warrant from the Secretary at War, stating that the Money mentioned therein is Part of the Funds of the Military Savings Banks.
II. And be it enacted, That the said Commissioners shall cause Investment of all the Monies paid into the Bank of England, and placed to their such Monies. Account, in pursuance of this Act, to be invested from Time to Time, under such Regulations as the said Commissioners shall direct, in the Purchase of any Bank Annuities in their Names, and to be carried to the Account herein-before provided; and the Interest or Dividends which shall arise from Time to Time, and become due thereon, shall in like Manner be invested in the Purchase of Bank Annuities: Provided always, that such Interest