APPENDIX I. SALMON FISHERY ACTS. the In this Appendix the Statutes are printed in full (repealed parts in Italics); PAGE 24 & 25 Vict. c. 109 The Salmon Fishery Act, 1861 409 26 Vict. c. 10 426 36 & 37 Vict. c. 71. The Salmon Fishery Act, 1873 448 THE SALMON FISHERY ACT, 1861. 24 & 25 VICT. C. 109. An Act to amend the Laws relating to Fisheries of Salmon in Preliminary. 1. This act may be cited for all purposes as "The Salmon Short title. Fishery Act, 1861." of act. 2. This act shall not extend to Scotland or Ireland, or to the Application River Tweed, as defined by "The Tweed Fisheries Amendment Act, 1859." S. F. Act,1865, Commence ment of act. See p. 8. 3. This act shall not come into operation until the first day of October, one thousand eight hundred and sixty-one. 4. In this act, unless there is something inconsistent in the Definition of context, the words and expressions hereinafter mentioned shall have respectively the meanings hereby assigned to them; that is to say, terms. S. F. Act, 1865, 8. 4. S. F. Act, 1873, "Person" shall include any body of persons, corporate or unincorporate: "Salmon" shall include all migratory fish of the genus salmon, 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, barn 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: "Young of salmon" shall include all young of the salmon species, whether known by the names of fry, samlet, smolt, 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: "Court" shall include two or more magistrates assembled in petty sessions: "Tidal waters "shall include the sea, and all rivers, creeks, streams, and other water as far as the tide flows and reflows: "Inland waters" shall mean all waters that are not tidal waters: "Dam" shall mean all weirs and other fixed obstructions used for the purpose of damming up water: "Fishing weir," shall mean a dam used for the exclusive purpose of catching or facilitating the catching of fish: 'Fishing mill dam" shall mean a dam used or intended to be 66 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: "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: "Home Office" shall mean one of her majesty's principal secretaries of state. LAW OF FISHING. Prohibition of certain Modes of destroying Fish. 5. Every person who causes or knowingly permits to flow, or puts or knowingly permits to be put, into any waters containing in rivers. See. p. 388. salmon, or into any tributaries thereof, any liquid or solid substances matter to such an extent as to cause the waters to poison or kill fish, shall incur the following penalties; (that is to say,). (1.) Upon the first conviction a penalty not exceeding five pounds: (2.) Upon the second conviction a penalty not exceeding ten pounds, and a further penalty not exceeding two pounds for every day during which such offence is continued: (3.) Upon the third or any subsequent conviction a penalty not exceeding twenty pounds a day for every day during which such offence is continued, commencing from the date of the third conviction: S. F.Act, 1865, s. 57. S.F. Act. 1873, s. 18, sub-s. 5. But no person shall be subject to the foregoing penalties for any See p. 340. act done in the exercise of any right to which he is by law entitled, if he prove to the satisfaction of the court before whom he is tried that he has used the best practicable means, within a reasonable cost, to render harmless the liquid or solid matter so permitted to flow or to be put into waters; but nothing herein contained shall prevent any person from acquiring a legal right in cases where he would have acquired it if this act had not passed, or exempt any person from any punishment to which he would otherwise be subject, or legalize any act or default that would but for this act be deemed to be a nuisance or otherwise be contrary to law. Power to have ques tion under preceding section de 6. Where any proceedings are instituted by any complainant against any person for the recovery of any penalties alleged to have been incurred by him under the last preceding section, if such person, hereinafter referred to as "the defendant," on appearing before the justices constituting the court by which he cided by jury. is to be tried in pursuance of this act, alleges, by way of defence, See pp. 341, that he has used the best practicable means, within a reasonable 378. cost, to render such matter harmless, and proves to the satisfaction of the court that in the event of the complaint being decided against him the expense of permanently preventing the matter complained of would, exclusive of costs, exceed one hundred pounds, and gives security, to be approved by such court, duly to prosecute his appeal and to abide the event thereof, all proceedings before the justices shall be stayed, and it shall be lawful for such complainant to bring an action in one of her Majesty's superior courts of law at Westminster against the defendant; and the plaintiff in such action shall deliver to the defendant an issue or issues whereby the question whether he has used the best practicable means, within a reasonable cost, to render such matter harmless may be tried; and the form of such issue or issues, in case of dispute, or in the case of non-appearance of the defendant, shall be settled by the court in which the action is brought, and such action shall be prosecuted and issue or issues tried in the same manner and subject to the same incidents in and subject to which actions are prosecuted and issues Effect of Penalty on fishing with lights, spears, &c. S. F. Act, 1865, ss. 56, 57, 64. S. F. Act, 1873, s. 18, sub-ss. 4, 5, 7. See p. 212. S.F. Act, 1873, s. 39, sub-s. 9. See pp.94, 213. Penalty on using roe as a bait. S. F. Act, 1865, 88. 56, 57, 60, 64. S.F. Act, 1873, s. 18, sub-ss. 4, 5,7. See p. 214. Penalty on using certain nets. S. F. Act, 1873, s. 39, sub-s. 4. See pp. 90, 214. tried in other cases within the jurisdiction of such court, or as near thereto as circumstances admit. 7. The verdict of the jury on such issue shall, unless the court before which the same is tried orders a new trial, be conclusive as to the questions involved in any subsequent proceedings that may be had for the recovery of any penalties in pursuance of the said section, and any costs that may have been incurred before the justices by the parties to such action as is mentioned in this section shall be deemed to be costs incurred in such action, and be payable accordingly. 8. No person shall do the following things or any of them; that is to say, (1.) Use any light for the purpose of catching salmon : (3.) Have in his possession a light or any of the foregoing And any person acting in contravention of this section shall incur a penalty not exceeding five pounds, and shall forfeit any instruments used by him or found in his possession in contravention of this section; but this section shall not apply to any person using a gaff as auxiliary to angling with a rod and line. 9. No person shall do the following things or any of them; that is to say, (1.) Use any fish roe for the purpose of fishing: (2.) Buy, sell, or expose for sale, or have in his possession, any salmon roe: And any person acting in contravention of this section shall for each offence incur a penalty not exceeding two pounds, and shall forfeit all salmon roe found in his possession; but this section shall not apply to any person who uses or has in his possession salmon roe for artificial propagation or other scientific purposes, or gives any reason satisfactory to the court by whom he is tried for having the same in his possession. 10. No person shall take or attempt to take salmon with any net having a mesh of less dimensions than two inches in extension from knot to knot (the measurement to be made on each side of the square), or eight inches measured round each mesh when wet; and any person acting in contravention of this section shall forfeit all nets and tackle used by him in so doing, and shall for each offence incur a penalty not exceeding five pounds; and the placing two or more nets behind or near to S.F. Act, 1873, each other in such manner as to practically diminish the mesh s. 18, sub-s. 5. of the nets used, or the covering the nets used with canvas, or the using any other artifice so as to evade the provisions of this section with respect to the mesh of nets, shall be deemed to be an act in contravention of this section. S. F.Act,1865, 8. 57. Penalty on 11. No fixed engine of any description shall be placed or used fixing fixed s. 39. s. 2. for catching salmon in any inland or tidal waters; and any engine placing or placed or used in contravention of this section may be taken possession of or destroyed; and any engine so placed or used, and any salmon taken by such engine, shall be forfeited, and in addition thereto, the owner of any engine placed or used in contravention of this section shall, for each day of so placing or using the same, incur a penalty not exceeding ten pounds; and for the purposes of this section a net that is secured by anchors, or otherwise temporarily fixed to the soil, shall be deemed to be a fixed engine, but this section shall not affect any ancient right or mode of fishing as lawfully exercised at the time of the passing of this act by any person by virtue of any grant or charter or immemorial usage; provided always, that nothing in this section contained shall be deemed to apply to fishing weirs or fishing mill dams. 12. The following regulations shall be observed with respect to dams: (1.) No dam except such fishing weirs and fishing mill dams 1. Any person catching or attempting to catch salmon 2. All traps, nets and contrivances used in or in con- 3. All salmon caught in contravention of the above And no fishing weir, although lawfully in use as aforesaid, shall See pp. 225— 272. S. F.Act, 1865, s. 57. S. F.Act, 1873, s. 18, sub-s. 5. Penalty on using certain dams for catching salmon. See pp. 146, 272, 315. S. F. Act, 1865, (2.) No person shall catch or attempt to catch, except by rod S. F. Act,1873, and line, any salmon in the head race or tail race of any s. 17. mill, or within fifty yards below any dam, unless such See p. 217. mill or dam has attached thereto a fish pass of such form and dimensions as may be approved by the home office, and such fish pass has constantly running through it such a flow of water as will enable salmon to pass up and down it; and if any person acts in contravention of the foregoing provision, 1. He shall incur a penalty not exceeding two pounds |