"Close season for

rods."

"Dam."

"Fishing mill-dam."

"Fishing weir.'

"Fixed engine."

or intended to be specified, as the annual and weekly close seasons, shall be deemed to apply to the annual or weekly close seasons, as these may have been or shall be lawfully varied from time to time in each fishery district respectively (a).

"Close season for rods" shall mean and include the annual season during which at any particular place it is or shall be unlawful at that place under the provisions of the Salmon Fishery Acts, 1861 to 1873, to fish for, kill, take or destroy, or attempt to kill, take or destroy, any salmon with a single rod and line (b).

"Dam" shall mean all weirs and other fixed obstructions used for the purpose of damming-up water (c).

"Fishing mill-dam" shall mean a dam used or intended to be used partly for the purpose of catching or facilitating the catching of fish, and partly for the purpose of supplying water for milling or other purposes (d).

"Fishing weir" shall mean any erection, structure or obstruction fixed to the soil either temporarily or permanently across, or partly across, a river or branch of a river, and which is used for the exclusive purpose of catching or facilitating the catching of fish (e).

"Fixed engine" shall include stake nets, bag nets, putts, putchers, and all fixed implements or engines for catching or for facilitating the catching of fish (ƒ).

Any net secured by anchors or otherwise temporarily fixed to the soil (g).

Any net or other implement for taking fish fixed to the soil, or made stationary in any other way, not being a fishing weir or fishing mill-dam (h).

Any net placed or suspended in any inland or tidal waters unattended by the owner or any person duly authorized by the owner to use the same for catching salmon; and all engines, devices, machines or contrivances, whether floating or otherwise,

for placing or suspending such rets or maintaining them in working order or making them stationary (i).

“Grating” shall mean and include any device approved by “Grating.” the secretary of state for preventing the passage of fish through

any channel (k).

"Otter lath or jack" shall mean and include any small boat "Otter lath or vessel, board or stick, used for the purpose of running out or jack.” baits, artificial or otherwise, across any portion of any lake or river, and whether used with a hand line or as auxiliary to a rod and line, or in any other way (1).

"Rod and

"Salmon."

"Rod and line" shall mean single rod and line (m). "Salmon" shall include all migratory fish of the genus salmon, line." whether known by the names hereinafter mentioned, that is to say, salmon, cock or kipper, kelt, laurel, girling, grilse, botcher, blue cock, blue pole, fork tail, mort, peal, herring peal, may peal, pugg peal, harvest cock, sea trout, white trout, sewin, buntling, guiniad, tubs, yellow fin, sprod, herling, whiting, bull trout, whitling, scurf, burn tail, fry, samlet, smoult, smelt, skirling or scarling, parr, spawn, pink, last spring, hepper, last brood, gravelling, shed, scad, blue fin, black tip, fingerling, brandling, brondling, or by any other local name (n).

And for the purposes of sections 8, 9 (o) and 14 of the Act of 1861 (p), and 38 of the Act of 1873, the word salmon includes trout and char (p).

"Strokehall or snatch" shall mean and include any instru- "Strokehall ment or device, whether used with a rod and line or otherwise, or snatch." for the purpose of foul-hooking any fish (4).

66

'Young of salmon" shall include all young of the salmon "Young of species, whether known by the names of fry, samlet, smolt, salmon.” smelt, skirling or skarling, par, spawn, pink, last spring, hepper, last brood, gravelling, shed, scad, blue fin, black tip, fingerling, brandling, brondling, or by any other name, local or otherwise (?).

The local, those relating to places, are—

"County" includes any riding, division, or liberty of a county having a separate court of quarter sessions (s), and a county of a city or county of a town shall for the purposes of this act be deemed to be a county (t).

"Inland waters" shall mean all waters that are not tidal waters (u).

No part of the United Kingdom, however situated with regard to any other part, shall be deemed for the purposes of the exportation of salmon between the 3rd September and the 30th April following to be parts beyond seas (x).

"River" shall include such portion of any stream or lake, with its tributaries, and such portion of any estuary, sea, or sea coast, as may from time to time be declared, in manner provided in the Salmon Fishery Act, 1865, to belong to such river (y).

"Salmon river" shall mean any river as above defined frequented by salmon or young of salmon (z).

"Tidal waters" shall include the sea, and all rivers, creeks, streams and other water as far as the tide flows and reflows (a).

CHAPTER II.

FISHERY DISTRICTS.

for a fishery

If a salmon river runs through any county, riding, Application division or liberty of a county, the magistrates of district. such place may at any court of quarter sessions, after having given such notice as the special practice of the sessions for their county requires, by a written application (signed by the chairman) to the secretary of state, request him to form such river into a fishery district (a); or, if the river runs through a town which is a county, the application may be made by the town council, subject to the usual notice of business for such council meeting (6). The application may be made in When applieither of the following cases :

(1) If the salmon river is wholly within the

county or town;

(2) If the salmon river is partly within the

county or town;

(3) If there is more than one salmon river wholly or partly within the county or town, then in respect of all or each of such rivers (c).

But when the application is once made, the secretary of state has the exclusive right to de

cation may be made.

termine what the extent of the district is to be. Reg. v. Grey. This point was decided in the case of The Queen v. Sir George Grey (d), a case arising out of the River Tees fishery district. The Tees is the boundary between the county of Durham and the North Riding of the county of York. The North Riding justices in quarter sessions, on the 17th October, 1865, passed a resolution authorizing an application to the secretary of state to form into a fishery district so much of the River Tees as is situate below the High Force, together with its tributaries, within the county of Durham and North Riding of Yorkshire, including such portion of the estuary of the Tees as is situate between Tod Point, in the parish of Kirk Leatham, in the said riding and the south end of the village of Seaton Carew, in the county of Durham. A copy of this resolution, signed by the chairman of the North Riding quarter sessions, was sent to the secretary of state.

On the 16th October, 1865, at the Durham quarter sessions, a resolution in precisely similar terms was passed and sent to the secretary of state.

In December an advertisement was published in the local newspapers and the Times, stating that the secretary of state intended to grant a certificate, forming the River Tees into a fishery district, with limits far more extended than either of the courts of quarter sessions contemplated.

(d) L. R., 1 Q. B. 469; 12 Jur., N. S. 685; 35 L. J., M. C. 198; 14 W. R. 671; 14 L. T., N. S. 477.