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Mistakes in Names not to vitiate Appointments.

Qualifications

to be the same as required

by recited Acts of

38 G. 3. c. 5.

"Personal Estates, Offices, and Pensions, in England: M Pr
therefore please Your Majesty that it may be enacted; and the
enacted by the King's most Excellent Majesty, by and with
Advice and Consent of the Lords Spiritual and Tempora
Commons, in this present Parliament assembled, and by the
thority of the same, That the several and respective Persons be
inafter named shall and may and are hereby empowered
authorized to put in execution the said Acts, and all the Ci
Powers, Matters, and Things whatsoever therein containe
Commissioners in and for the several and respective Countie
Places of Great Britain hereinafter severally and respect
mentioned and expressed, as if they had been named with the c
Commissioners in the said Act of the last Session of Parlia
and properly described therein; (that is to say),

[Here follow the Names of the Commissioners.]
And no Mistake in the Spelling of the Christian or Surname
any Person, or of any Place, mentioned in the said Act of the
Session of Parliament or this Act, shall be construed to vitiate
Appointment of such Person to be a Commissioner, so that
Person or Place mentioned be designated therein to comman
tent and Understanding, or to subject any Person so designated
any Pains, Penalty, or Forfeiture for his acting in the Execs
of the Act herein mentioned.

II. Provided always, and be it enacted, That the several Pe sons appointed by the said Act of the last Session of Parliame or by this Act, shall severally have the Qualifications required an Act passed in the Thirty-eighth Year of His late Majes Reign, intituled An Act for granting an Aid to His Majesty Land Tax to be raised in Great Britain, for the Service of the Y One thousand seven hundred and ninety-eight; and also of an 38 G. s. c. 48. of the same Session of Parliament, intituled An Act to alter amend so much of an Act passed in the present Session of P liament, intituled An Act for granting an Aid to His Majesty 'a Land Tax to be raised in Great Britain, for the Service of 'Year One thousand seven hundred and ninety-eight,' as relate the Qualifications of Commissioners; and shall be subject to the several Penalties and Forfeitures contained in the said Ac respectively.

Persons in
Cities, &c.

cations may

act as Commissioners.

III. Provided also, and be it further enacted, That where any City, Liberty, or Place the Qualifications shall consist of having Qualifi- Personal Estate, it shall be lawful for any Person having a Pe sonal Estate of the Value required by the said Acts, or either a them, to act as such Commissioner in all Cases where such Pers shall have been taxed, and shall have paid for such Persona Estate, by and upon the last Assessment then made for such City Liberty, or Place, by virtue of any Act for continuing and granting to His Majesty a Duty on Pensions, Offices, and Personal Estates, in England, passed before the making of such Assessments; any Thing in the said Acts, or either of them contained, to the con trary notwithstanding.

Persons having acted as Commissioners

without having been properly

IV. And Whereas several Persons may have acted as Com 'missioners for executing the said Acts without having been properly named as Commissioners by the said recited Act of the last Session of Parliament, and others named in former Acts of

• Parliament

had been

omitted, shall

be indemnified, and the Acts done by them shall be valid.

rliament to be Commissioners may have been omitted in named, or e said Act of the last Session of Parliament, and may have whose Names ted as aforesaid before Notice of such Omission: And hereas it is expedient that such Persons should be indemnified r such acting, and that all Acts by them done should be conmed and made valid;' Be it therefore enacted, That all Acts Te by any such Persons in the Execution of the said Acts, or other Acts to be executed by such Commissioners, shall be are hereby declared to be valid, and that all personal Actions Suits, Indictments, Informations, and all Prosecutions and ceedings whatsoever, which have been or shall be prosecuted commenced against any Person or Persons for or by reason uch acting, are declared to be void by virtue of this Act, and I be quashed and determined; and that if any Action or Suit I be prosecuted or commenced against any Person or Persons or by reason of such acting, such Person or Persons may plead General Issue, and give this Act and the special Matter in dence.

V. And Whereas by the Acts relating to the Land Tax Three r more Commissioners are required to sign and seal the Assessents, and Duplicates thereof, and to hear and determine Apeals, and also to do and execute other Matters and Things in nd by the said Acts prescribed and authorized in the Execution hereof; and it is expedient that Two or more Commissioners hould be authorized and empowered to do and execute the ame Acts respectively;' Be it therefore enacted, That all Acts, atters, and Things whatsoever, which in and by the Acts relat5 to the Land Tax are directed, authorized, or required to be ne, executed, or performed by or before Three or more Comssioners acting in the Execution thereof, shall and may, from d after the passing of this Act, be done, executed, or performed and before any Two or more of such Commissioners; and all cts, Matters, and Things so hereafter to be done, executed, and erformed by or before Two or more of such Commissioners, shall e as valid and effectual in all respects, and to all Intents and urposes whatsoever, as if the same Acts respectively were done, xecuted, or performed by or before Three or more Commissionrs; any Thing in the said Acts or this Act contained to the conrary notwithstanding.

CA P. XXXIX.

An Act for the Preservation of the Salmon Fisheries in Scot-
land.
[15th July 1828.]

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All Matters which are directed by the Land Tax Acts

to be executed by Three or

more Commis sioners may, after the passing of this Act, be executed by Two or more

of such Commissioners.

WHEREAS by an Act passed in the Parliament of Scotland 1424. c.35.

in the Year One thousand four hundred and twenty-four, it was forbidden that any Salmon be slain from the Feast of the Assumption of our Lady until the Feast of Saint Andrew in Winter: And Whereas sundry other Laws and Acts were made and passed at divers Times by the Parliament of Scotland anent the killing of Salmon, Kipper, Red and Black Fish, in forbidden Time, and the killing and destroying of the Fry and Smolts of Salmon; which Laws and Acts were ratified, confirmed, and ap

' proved

1696. c. 33.

'proved by an Act passed by the said Parliament in the las One thousand six hundred and ninety-six, intituled, Act 'killers of Black Fish, and Destroyers of the Fry and Sm Salmon: And Whereas it is expedient, for the Preservatio the Salmon Fisheries in Scotland, that the Penalties enacted the said Acts should be augmented, and the Period of the 'bidden Time altered and extended, and that sundry other Re 'lations should be made :' Be it therefore enacted by the K most Excellent Majesty, by and with the Advice and Conser the Lords Spiritual and Temporal, and Commons, in this press Parliament assembled, and by the Authority of the same, Tu the said Act passed in the Year One thousand four hundred twenty-four shall be and the same is hereby repealed; and that Salmon, Grilse, Sea Trout, nor other Fish of the Salmon shall be taken in or from any River, Stream, Lake, Water, Estuary whatsoever, or on any Part of the Sea Coast, betwe 14th September the Fourteenth Day of September and the First Day of Febrsa any Year, by any Person or Persons; any Law, Statute, Practice to the contrary notwithstanding.

Recited Act repealed.

No Fish of the

Salmon Kind to be taken

between the

and 1st Feb

ruary.

Penalty on taking or fishing for Salmon within the above Time.

Penalty on
Trespassers.

Penalty on
taking Salmon
Fry, Spawn,
&c.

Penalty on

Salmon.

in

II. And be it further enacted, That if between the Fourteen Day of September and the First Day of February in any Year Person shall wilfully take, fish for, or attempt to take, or a assist in taking, fishing for, or attempting to take, in or from River, Stream, Lake, Water, or Estuary, or on any Part of the Coast, any Salmon, Grilse, Sea Trout, or other Fish of the Salm: Kind, such Person shall forfeit and pay any Sum not less than O Pound and not exceeding Ten Pounds, for and in respect of ea and every such Offence, over and above forfeiting each and eve such Fish so taken, and each and every Boat, Net, or Engine which the same may have been taken.

III. And be it further enacted, That if any Person shall, a the Expiration of Two Months from and after the passing of th Act, trespass in any Ground, inclosed or uninclosed, or in r upon any River, Stream, Watercourse, or Estuary, with Intent kill Salmon, Grilse, Sea Trout, or other Fish of the Salmon Kind such Person shall forfeit and pay any Sum not less than Ten S lings and not exceeding Five Pounds.

ÏV. And be it further enacted, That from and after the passing of this Act, if any Person shall wilfully take, by any Means or by any Device, in or from any River, Lake, Stream, Water, Estuary or Sea Coast, or use, sell, purchase, or wilfully have in his Posses sion, the Spawn, Smolts, or Fry of Salmon, or of any other Fis of the Salmon Kind, or in any Way or by any Device wilfully e struct the Passage of the said Smolts or Fry, or injure or disturb any such Spawn or Fry, or any Spawning Bed, Bank, or Shailes where the same may be, such Person shall forfeit and pay a Sum not less than One Pound and not exceeding Ten Pounds for each and every such Offence.

V. And be it further enacted, That from and after the passing taking unclean of this Act, if any Person shall at any Time wilfully take, kill, destroy, or expose to Sale, any Red or Black Fish, or other foul, unclean, or unseasonable Salmon, Grilse, Sea Trout, or Fish of the Salmon Kind, such Person shall forfeit and pay a Sum pot

less

than One Pound and not exceeding Two Pounds for every
so taken, killed, or destroyed, or exposed to Sale.
I. And be it enacted, That from and after the passing of this
, if any Person shall use any Light or Fire of any kind, in or
the taking or with Intent to take any Salmon, Grilse, Sea
ut, or other Fish of the Salmon Kind, such Person shall forfeit
pay a Sum not less than Two Pounds and not exceeding Ten
nds for each and every such Offence.

Penalty for

using Lights to take Fish.

II. And Whereas by an Act passed in the Parliament of
otland in the Year One thousand four hundred and seventy-
ven, intituled Anent Cruves, it is inter alia ordained, that they
at hes Cruves in fresh Waters, gar keip the Lawes anent Satter-
ies Slop, and suffer them not to stand in forbidden Time; and
at ilk heck of the said Cruves be Three Inche wide, and quha
at beis convict thereof, to pay Five Pund: And Whereas it is
<pedient that the said Penalty of Five Pounds Scots Money
ould be augmented;' Be it therefore enacted, That from and Saturday's Slop
er the passing of this Act, if any Owner or Occupier of Cruves to be kept.
ll offend against the said Law, such Person shall forfeit and 1477. c. 73.
1 a Sum not less than Five Pounds nor exceeding Twenty
unds Sterling for every such Offence.

VIII. And be it further enacted, That every Occupier of any Boats to be
hery shall and is hereby required to remove and carry away removed in
m such Fishery, and from the Landing Places and Grounds ad- Close Time.
ent thereto, all Boats, Oars, Nets, Engines, and other Tackle
ed and employed by such Occupier in the taking and killing
ch Fish as aforesaid, on or before the Commencement of the
ose Time, or otherwise effectually to secure the same so as to
event their being used in fishing, until the End of the Close
me; and in case any such Occupier shall neglect or refuse so to
move or secure all and every such Boats, Oars, Nets, Engines,
other Tackle as aforesaid, and to keep the same secure and
art from the said Fisheries during the Time aforesaid, such
erson so refusing or neglecting, and being convicted thereof, shall
r such Offence, and for every subsequent Neglect after Notice
iven, forfeit and pay a Sum not less than Forty Shillings and not
xceeding Ten Pounds: Provided always, that nothing herein con- Proprietors of
ained shall be construed or taken to prevent any Proprietor of Lands may
ands from continuing any such Boat or Boats for the Use of him- continue Boats
elf or herself, or any of his or her Family, if such Boat or Boats for their own
hall have the Name of the Proprietor painted thereon.

Use.

IX. Provided always, and be it enacted, That each and every Recovery and Penalty provided by this Act shall go to the Informer, and may Application of and shall be recoverable, with Expences, as well before the Penalties. Sheriff as before the Justices of the Peace of any County as aforesaid wherein the same may be incurred, or where the Of fender shall reside, at the Instance of any Person or Persons who shall

prosecute for the same; and in Prosecutions for the different Penalties imposed by this Act, or any other Act for the Preservation of the Salmon Fisheries in Scotland, it shall be lawful for the Sheriff or Justices before whom any Complaint for the Recovery thereof may be brought, to proceed in a summary Way, and to grant Warrant for bringing the Parties complained upon immediately before them, and on Proof on Oath by One or more

credible

i

Two Proprietors of Fisheries on any River in Scotland may call

Meetings of other Proprietors on the

to assess them for the Pur

poses of this Act.

credible Witnesses, or Confession of the Offence, or other
Evidence, forthwith to determine and give Judgment in th
Complaint, without any Written Pleadings or Record of
dence, and to grant Warrant for the Recovery of all Peni
and Expences decerned for, failing Payment within Four
Days after Conviction, by Poinding and Imprisonment, fr
Period, at the Discretion of the Sheriff or Justices, not exce
ing Six Months, it being hereby provided that a Record sha
preserved of the Charge and of the Judgment pronounced:
any Person or Persons who shall think himself, herself, or the
selves aggrieved by any Judgment of any Sheriff or Justa
pronounced in any Case arising under this Act, or by Assess
made under this Act, in Scotland, may appeal to the Com
sioners of Justiciary at their next Circuit Court, or where the
are no Circuit Courts, to the High Court of Justiciary at
burgh, in the Manner, and by and under the Rules, Limitati
Conditions, and Restrictions contained in the Act passed in t
Twentieth Year of the Reign of King George the Second fr
taking away and abolishing the Heritable Jurisdictions in S
land; with this Variation, that such Person or Persons shail 1
place of finding Caution in the Terms prescribed by the said A
be bound to find Caution to pay the Penalty or Penalties,
Expences, awarded against him, her, or them by the Sentence
Sentences appealed from, in the event of the Appeal or Apps
being dismissed, together with any additional Expences that sh
be awarded by the Circuit Court on dismissing the said Appe
or Appeals; and it shall not be competent to appeal from or br
the Judgments of any Justices or Sheriff acting under this Ad
under Review, by Advocation or Suspension, or by Reduction
or in any other Way than as herein provided.

10

X. And be it enacted, That it shall be lawful, in Scotland, fr any Two Proprietors of Salmon Fisheries in any River, or any Stream, Lake, Water, or Estuary communicating therewith, fro Time to Time to call Meetings of all the other Proprietors Salmon Fisheries in such River, and the several Streams, Lakes, Waters, and Estuaries communicating therewith, or on the Sa Coast within Five Miles of the Mouth of such River or Estuary, same, in order by Three several Advertisements in any Newspaper published the County where such Meeting is to be held, or if no Newspaper be there published, then in any Newspaper published in any ad joining County, and also in One Edinburgh Newspaper, Fourtees Days before such Meeting shall be held; at which Meetings shall be lawful for the Majority of Proprietors in Number and Value attending, or authorizing their Factors or other Proprietors by a Written Mandate to act for them, to assess the Whole Pro prietors of Salmon Fisheries in such River, Stream, Lake, Water, or Estuary, and on the Sea Coast within Five Miles of the Mouth of such River or Estuary, in such Sums as they shall think it rateably according to the real Rents of their Fisheries, for the Purpose of enforcing this Act, and the other Laws regulating Salmon Fisheries; and it shall be lawful for such Meetings appoint and pay Clerks, Water Bailiffs, and other Officers, as they shall see Cause; and all such Assessments shall be recoverable in the Sheriff's Court, at the Instance of any Clerk or other Person

to

authorized

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