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See p. 163.

Consent of conservators

necessary for

pagation of

Salmon.

S F. Act,

whom such fish pass has been affixed: be it enacted, that no such compensation shall be recovered unless proceedings for the recovery of the same are instituted within two years after the time at which the fish pass was first affixed to the dam.

60. Where any person, under the Salmon Fishery Act, 1861, is exempted from a penalty in respect of using or having in his artificial pro- possession salmon roe on the ground that he uses or has it in his possession for artificial propagation or other scientific purposes, or is upon the same ground exempt from a penalty in respect of taking or having in his possession unclean or unseasonable 1861, ss. 8, 9, salmon, or catching or attempting to catch salmon when spawning or near their spawning beds, he shall not, if within a district where a board of conservators is established, be exempt in any of the above cases from such penalty unless the consent of the board has been given in writing to such use or possession of salmon roe, or to such taking possession of unclean or unseasonable salmon.

14, 16.

S. F. Act, 1873, s. 18, sub-s. 6.

See pp. 214, 334.

As to disqualification of justices. See p. 380.

Payment of penalties to conservators in certain cases.

S. F. Act,
1873, s. 62.
See p. 374.
River Esk

within limits

of act. See

pp. 9,375.

Partial application of Salmon Acts

to trout in

salmon

61. No justice of the peace shall be disqualified from hearing any case arising under the Salmon Fishery Acts, 1861, 1865, or either of them, by reason of his being a conservator or a member of a board of conservators, or a subscriber to any society for the protection of salmon or trout; provided that no justice shall be entitled to hear any case in respect of an offence committed on his own land.

62. Where any penalty is recovered on the complaint of a board of conservators or of any officer of or person authorized by a board of conservators, the court shall, unless for special reason they think it inexpedient so to do, direct the whole of the penalty and the proceeds of any forfeiture to be paid to the said board, to be applied by them for the purposes of the Salmon Fishery Acts, 1861, 1865.

63. The river Esk, together with its banks and tributary streams up to their source, shall be deemed to be within the limits of the Salmon Fishery Acts, 1861 and 1865: provided that all offences against the said acts committed within Scotch jurisdiction shall be prosecuted and punished in manner directed by the Salmon Fisheries (Scotland) Act, 1862.

64. The sections of the Salmon Fishery Act, 1861, that apply to fishing with lights, spears, and other prohibited instruments, and to using roe as a bait, and which are numbered respectively eight and nine, as amended by this act, shall apply to trout in a salmon river situate in a fishery district which is subject to a board of conservators appointed under this act; and in any such 1861, ss. 8, 9. river no person shall fish for, catch or attempt to catch, or kill

rivers.

S. F. Act,

S. F. Act,

1873, s. 18, sub-ss. 7, 8; 8. 20.

See p. 334.

any trout between the second day of November and the first day of February following, both inclusive; and any person wilfully killing any trout in any such river as aforesaid during such interval as aforesaid shall forfeit any trout caught by him, and shall, in addition thereto, be liable to a penalty not exceeding two pounds for each offence: provided always, that nothing herein contained shall apply to any person having in his posses

sion trout or trout roe for the purpose of artificial propagation or other purpose, if such person has the permission in writing of the board of the district in which the river runs from whence such trout or trout roe has been taken to catch such trout, and to have in his possession such trout or trout roe for the purposes aforesaid.

65. All salmon intended for exportation shall be entered for that purpose with the proper officer of customs, at the port or place of intended exportation, before shipment thereof; and any salmon shipped or exported or brought to any wharf, quay or other place for exportation, between the third day of September and the second day of February following, contrary to this section, shall be forfeited, and the person shipping or exporting, or bringing the same for exportation, shall be liable to a penalty not exceeding two pounds for every salmon so shipped or exported, or brought for exportation; and any officer of the customs may, between the third day of September and the second day of February, open any parcel entered or intended for exportation, or brought to any quay, wharf or other place for that purpose, and suspected by him to contain salmon, and may detain any salmon found in such parcel until proof is given, in manner provided by law, of the salmon being such as may be legally exported; and if the salmon, before such proof is given, become unfit for human food, the officer of customs may destroy the

same.

66. If any person feels aggrieved by any determination or adjudication of the justices with respect to any penalty or forfeiture under the Salmon Fishery Acts, 1861, 1865, or either of the said acts, the person so aggrieved may appeal to the court of general or quarter sessions for the county or place in which the cause of appeal has arisen, holden not less than fifteen days and not more than four months after the decision of the justices from which the appeal is made; provided that the appellant shall, within three days after the cause of appeal has arisen, give notice in writing to the other party to the proceedings of his intention to appeal, and of the grounds thereof; and also provided that the appellant shall, within three days after the cause of appeal has arisen, enter into a recognizance before a justice of the peace, with two sufficient sureties, conditioned personally to try such appeal and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court: the court may adjourn the appeal, and upon the hearing thereof may confirm, reverse, or modify the decision of the justices, with or without costs, to be paid by either party.

Provisions as

to exporta

tion of salmon.

26 Vict. c. 10.

See p. 201.

Appeal to quarter sessions in case of summary conviction. See p. 377.

[SCHEDULES.

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For every additional 50 or part thereof For outriggers or leaders to putts or putchers of 100 yards in length, or under.. For any outriggers or leaders of greater length

..

1

1 0 0

500

For V-weirs, or gog-heads or baulks each 10 0 0
Otter lath or jack

Cross line

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300

200

For any instrument not named in this schedule, and not being a rod and line, such sum as may be determined by the conservators with the approval of the secretary of state.

SECOND SCHEDULE.

FORM A.

ADVERTISEMENT.-SALMON FISHERY ACTS, 1861, 1865. Notice is hereby given, that the special commissioners for English fisheries will hold a court

and at such court will proceed to inquire into the legality of all fishing weirs, fishing mill-dams and fixed engines situate on the and all persons interested in such engines are required to attend at such court from day to day until discharged, in order that a decision may be made by the said commissioners with respect to the removal of such fishing weirs or fixed engines, or the alteration of such fishing mill-dams, or that such other order may be made by them in the premises as the facts of each case appear to

warrant.

FORM B.

NOTICE.

To the owner of the

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Take notice, you are required to appear before us, the special commissioners for English fisheries,

order that there may be then and there an inquiry by us touching
the legality of
and that a decision may be made by
us with respect to their removal, or that such other order may be
made by us in the premises as the facts of the case may appear
to us to warrant.

Given under our hands and under the common seal of the said
commissioners this

day of

186

33 & 34 VICT. C. 33.

26 Vict. c. 10. S. F. Act.

An Act to amend the Acts relating to the Export of Unseason- See p. 202. able Salmon. [1st August, 1870.] WHEREAS by the third section of the Salmon Acts Amendment 1865, s. 64. Act, 1863, it is amongst other things provided that "the burden of proving that any salmon entered for exportation from any part of the united kingdom to parts beyond the seas between the third day of September and the second day of February following is not so entered in contravention of the said act shall lie on the person entering the same for exportation:"

And whereas it is expedient to make further provision for preventing the exportation of salmon that cannot legally be sold within the limits of the united kingdom:

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, as follows:

1. This act may be cited for all purposes as " The Salmon Acts Short title. Amendment Act, 1870."

2. This act shall not come into operation before the third day Commenceof September, one thousand eight hundred and seventy, which ment of act. day is hereinafter referred to as "the commencement of this

act."

3. From and after the commencement of this act the said third Amendment section of the Salmon Acts Amendment Act, 1863, shall be read and construed as if the words "second day of February" were omitted therefrom and the words "thirtieth day of April" were

inserted instead of the said omitted words.

4. The sixty-fifth section of the Salmon Fishery Act, 1865, shall be read and construed as if the words "second day of February" were omitted therefrom and the words "thirtieth day of April" were inserted instead of the said omitted words.

of sect. 3 of 26 Vict. c. 10. See

p. 202.

Amendment of sect. 65 of

28 & 29 Vict. c. 121.

See p. 203.

c. 121.

36 VICT. c. 13.

An Act to discontinue the Office of Special Commissioners of
Salmon Fisheries in England. [24th April, 1873.]

28 & 29 Vict. WHEREAS under the Salmon Fishery Act, 1865, certain special
commissioners were appointed, whose offices were to continue in
force for two years, and from thenceforth until the end of the
next session of parliament, and by various acts, and lastly by
35 & 36 Vict. the Expiring Laws Continuance Act, 1872, the offices of the said
commissioners were continued until the first day of October, one
thousand eight hundred and seventy-three, and the end of the
then next session of parliament:

c. 88.

Discontinu

ance of special fishery

commis

And whereas it is expedient to discontinue the said commissioners as hereinafter mentioned:

Be it therefore 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, as follows:

1. After the passing of this act, the offices of the special commissioners appointed under the Salmon Fishery Act, 1865, and all powers, rights and privileges pertaining thereto, shall determine, without prejudice nevertheless to anything done by the 28 & 29 Vict. said commissioners before the said day, and no further appointment of such commissioners shall be made under the said act.

sioners.

c. 121, s. 46. See p. 364.

THE SALMON FISHERY ACT, 1873.

36 & 37 VICT. C. 71.

An Act to amend the Law relating to Salmon Fisheries in
England and Wales.

WHEREAS it is expedient to amend the laws relating to salmon
fisheries in England and Wales :

Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and Short title of temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:

act.

S. F. Act,

1861, s. 1. S. F. Act,

1865, s. 1. See p 6.

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1. This act may be cited for all purposes as "The Salmon Fishery Act, 1873," and this act and the Salmon Fishery Acts, Construction 1861 and 1865, may be cited together as “The Salmon Fishery Acts, 1861 to 1873."

of act.

S. F. Act,

1861, s. 2. S F. Act, 1865, 8. 2.

2. This act, so far as is consistent with the tenor thereof, shall be read as one with the Salmon Fishery Acts, 1861 and 1865.

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