mill-dam, that are removed in pursuance of this act, and apply the proceeds of the sale in defraying any costs, charges, and expenses incident to carrying their order into effect in reference to such fishing weir, fishing mill-dam, or fixed engine, and shall render the surplus, if any, to the persons they may deem entitled thereto. Provided that if it is proved to the satisfaction of the commissioners that any posts or other materials belonging to an illegal fishing weir or fixed engine ordered to be removed may be capable of being used by any person as evidence of title to any foreshore or other land, the commissioners shall, instead of ordering the entire removal of such posts or materials, require the fishing weir or fixed engine to be destroyed so far only as they may in their discretion think necessary in order to prevent its being used for fishing purposes (s). If any person feels aggrieved with any decision of the commissioners the person aggrieved may appeal as follows; that is to say, 1. The appeal shall be to one of her Majesty's superior courts of law at Westminster. 2. The appeal shall be by special case stating the facts and the grounds for the decision. 3. The special case shall be settled by the commissioners upon the application of the appellant to be made in writing within fourteen days after the delivery of the decision, and not afterwards; and if the appellant be dissatisfied with the special case as settled by the commissioners, he may have the same settled by a judge of one of the said superior courts, on summons, at chambers. 4. Before the delivery of the case to the appellant he shall enter into a recognizance before the said commissioners or a justice of the peace, with or without sureties, and in such sum as the commissioners or the justice think fit, conditioned to prosecute without delay the appeal, and to submit to the judgment of the appellate court, and to pay such costs as may be awarded. 5. The special case shall be signed by the commissioners, and shall be delivered to the appellant by the commissioners. (s) 28 & 29 Vict. c. 121, s. 44. Appeal from decision of special commissioners. Acts of the commissioners. 6. On the receipt of the special case the appellant shall within fourteen days transmit by post or otherwise the original case to the proper officer of the appellate court. 7. When a party gives in good faith notice of an appeal under this section, but omits through mistake to do some act necessary to perfect the appeal, the appellate court may permit an amendment on such terms as it thinks just. 8. After the decision of the appellate court has been given on a case stated as aforesaid, the commissioners shall have the same powers to enforce that decision, when affirmed or amended, as they would have had to have enforced their original decision if it had not been appealed from. 9. Save as hereinbefore varied, the provisions of the Summary Jurisdiction Act of the twentieth and twenty-first years of her Majesty's reign, chapter forty-three, as to the powers of the superior court, as to directing a special case to be stated, as to the enforcing of recognizances, and as to all other matters, shall apply to an appeal under this section in the same manner as if the words "justice or justices" in the said Summary Jurisdiction Act included the special commissioners appointed under this act. 10. Any act required by this section to be done by the commissioners may be done by any two of them, of whom the barrister shall be one (t). All warrants for the removal of any fishing weir or fixed engine, or for the alteration of any fishing mill-dam, shall be signed by two at least of the commissioners, and all cases relating to the removal of such fishing weir or fixed engine, or alteration of any fishing mill-dam, shall be heard by all the commissioners, but the opinions of two of them, of whom the said barrister shall be one, shall, in case of difference, decide any question; any other acts, except as aforesaid, authorized to be done by the commissioners may be done by any one of them, and any notice or other instrument under the seal of the commis sioners, and signed by any person delegated by them, shall be deemed to be sufficiently executed (u). commissioners. The commissioners may examine any witnesses on oath, and Powers of with respect to enforcing the attendance of witnesses, and the production of deeds, books, papers and documents, shall have the same powers as the judges of one of her Majesty's superior courts of Westminster have for such or the like purposes; moreover it shall be lawful for the commissioners to order any person to be removed from their court who may interrupt the business of the court, or refuse to obey their lawful orders in respect of the same; and it shall be the duty of the chief constable, commissioner or chief officer of police of the county, city, borough or place in which the court is held to take care that an officer of police do attend that court during its sitting for the purpose of keeping order therein, and to carry into effect any such order of the commissioners as aforesaid (x). orders of commis Copies of orders of the commissioners made in pursuance of Copies of this act, with the accompanying plans and maps, if any, shall be deposited with the clerk of the peace of the county where any sioners. engine or any subject-matter to which such order relates is situate; and any copy of such order, plan or map purporting to be stamped with the seal of the commissioners shall be admissible in evidence, and any copy of any certificate or order of the said secretary of state in pursuance of the Salmon Fishery Acts, 1861-1865, or either of them, purporting to be stamped with the official stamp of the office of the said secretary, and to be signed by any person by order of the said secretary of state, shall also be admissible in evidence (y). false swear ing. Every person who upon examination before the commis- Penalty for sioners, or any one of them, wilfully gives false evidence, and every person who wilfully swears, affirms or declares falsely in any affidavit relating to any matter within the cognizance of the commissioners, shall be liable to the pains and penalties of perjury (z). Proceedings before the commissioners shall not abate or be Proceedings suspended by any death or transmission or change of interest; not to abate by death. Discontinuance of special fishery commission ers. but in any such case of death or transmission or change of interest it shall be lawful for the commissioners, when they see fit, to require notices to be given to persons becoming interested, or to make any orders for continuing, suspending or carrying on the proceedings, or otherwise in relation thereto, which to the commissioners appears just (a). After the 24th April, 1873, the offices of the special commissioners appointed under the Salmon Fishery Act, 1865, and all powers, rights and privileges pertaining thereto, shall determine, 28 & 29 Vict. without prejudice nevertheless to anything done by the said com c. 121. missioners before that date, and no further appointment of such commissioners shall be made under the said act (b). (a) 28 & 29 Vict. c. 121, s. 55. CHAPTER XII. LEGAL PROCEDURE. THE penalties imposed by the Salmon Fishery Acts or to be imposed by any bye-law made under the Salmon Fishery Act, 1873, and the following sums of money, costs and expenses:— recoverable Expenses of repairing injuries to fish passes Expenses or altered since the 6th August, 1861 (b); The returning officer's expenses at elections (c); Compensation under 50l. to be paid for the compulsory purchase of lands for fish passes or gratings (d); under the Salmon Fishery Acts. are to be recovered within six months after the offence has been committed, or the money expended under the provisions of the statute known as Jervis's Act (e), by which the procedure before Procedure magistrates in petty sessions is regulated (f). By tices. this act it is provided, that an offender may be summoned in all cases where an information is laid (a) 24 & 25 Vict. c. 109, s. 23. (b) Sect. 25; 36 & 37 Vict. c. 71, s. 46. (c) 36 & 37 Vict. c. 71, s. 31. (d) Sect. 54. (e) 11 & 12 Vict. c. 43. See this act in the Appendix. 36 & 37 Vict. c. 71, s. 62. before jus |