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Boards may appoint committees.

Evidence of proceedings

night's previous notice of the intention to propose the bye-law must be given (r). (e) The notice convening the meeting at which such bye-law is to be proposed must be

issued at least a fortnight before the date of the meeting (r).

(f) The quorum to be fixed by the board must not be less than three members (s).

(g) All questions are to be decided by a majority of votes of the members voting on the question (s).

(h) The chairman is entitled to vote on all questions, and in case of equality has a second or casting vote (s).

A board of conservators may also appoint committees of their board, and

(a) Fix a quorum for such committees, such quorum not being less than three.

(b) Lay down rules for their guidance (†).

All questions before a committee are to be decided by a majority of the votes of members voting on that question. The chairman has a vote on all questions as well as a casting vote in cases of equality (t).

As to evidence of the proceedings at the at meetings. meetings of the board, the 26th section of the Act of 1865, which provided that any minute of the proceedings of the board signed by the chairman

(r) 36 & 37 Vict. c. 71, s. 39.
(s) 28 & 29 Vict. c. 121, s. 22.
(t) Sect. 23.

of the meeting, either at that meeting or at the next meeting at which he was present, has been repealed, as in practice it was found that if a chairman was not regular in his attendance the minutes were frequently left unsigned, and consequently could not be given in evidence. Now, by the Salmon Fishery Act, 1873, it is provided, that any minute of proceedings at a meeting of a board signed by the chairman of that meeting or by the chairman of the next are to be receivable in evidence in all legal proceedings without further proof, and, until the contrary is proved, every meeting of a board in respect of the proceedings of which minutes have been made, is to be deemed to be duly convened and held and all the members duly qualified (x).

This provision will be most important in the case of any dispute as to whether due notice has been given in regard to the making of bye-laws, for it throws upon the person alleging that the bye-law was not duly made the onus of proving that the meeting was not duly held, otherwise it would have lain with the board to prove this.

Powers and Duties of Boards of Conservators.

The powers and duties of boards of conservators Powers of are as follows:

board of conservators.

bye-laws.

(1) To make bye-laws for the execution of the 1. To make Salmon Fishery Acts, 1861 to 1873, within

(x) 36 & 37 Vict. c. 71, s. 35.

their districts, upon the following matters (y):

(a) Alteration of annual close season ;

(b) Alteration and extension of weekly close season;

(c) Size, length and description of nets; (d) Size of the mesh of nets;

(e) Form of licences;

(ƒ) The rate of licence duty ;

(g) Marking boats and nets;

(h) Prohibition of netting at the mouth of
rivers and the confluence of rivers;
(i) When a gaff may be used with a rod
and line;

(j) When gratings are to be placed at
mill races and artificial channels;
(k) Regulation during the annual and
weekly close time of the use of nets for
fish other than salmon ;

(1) Prohibition of all netting in inland

waters at night, except netting for eels. To appoint (2) To appoint water bailiffs and other officers, and assign to them their salaries and duties (z).

water bailiffs.

3. To appoint (3) To obtain under the provisions of the stat.

additional

constables.

4. To issue licences.

3 & 4 Vict. c. 88, s. 19, the services of additional constables (z).

(4) To issue licences for fishing for salmon (z), and to vary the amount of licence duty (a).

(y) 36 & 37 Vict. c. 71, s. 39.

(z) 28 & 29 Vict. c. 121, s. 27. See this statute in the Appendix. (a) 36 & 37 Vict. c. 71, s. 25.

(5) To levy additional licence duty for permanent 5. To levy improvements (b).

additional licence duty.

(6) To mortgage their licence duties to raise 6. To mort

gage licence

funds for carrying out the Salmon Fishery duties.
Acts, 1861 to 1873 (c).

weirs by

(7) To purchase by agreement for the pur- 7. To purchase pose of removal any dam, fishing weir, agreement. fishing mill-dam or fixed engine in the district that they may deem it expedient to remove (d).

weir com

under the

Lands

(8) To acquire compulsorily under the powers 8. To acquire of the Lands Clauses Consolidation Act, pulsorily with the sanction of the secretary of state powers of the and parliament, any weir, dam, fishing weir, Clauses Confishing mill-dam, fixed engine or artificial Act. obstruction for the purpose of removal in whole or in part (e).

solidation

(9) To attach with the sanction of the secretary 9. To attach

fish-pass to

of state to any dam in existence on the 6th old dams.
day of August, 1861, a fish-pass of such
form and dimensions as the Home Office
approves (ƒ).

chase land for

(10) To purchase compulsorily, with the sanction 10. To purof the secretary of state and of parliament, fish-passes. under the provisions of the Lands Clauses Consolidation Acts any portion of the bank adjoining any weir, dam, fishing mill-dam

(b) 36 & 37 Vict. c. 71, s. 57. (c) 28 & 29 Vict. c. 121, s. 28. (d) Sect. 27.

(e) 36 & 37 Vict. c. 71, s. 49.

(f) 24 & 25 Vict. c. 109, s. 23, and 36 & 37 Vict. c. 71, s. 53.

gratings.

or obstruction for the purpose of making a fish-pass round such obstruction (ƒ).

11. To place (11) To place gratings in any watercourse, millrace, cut, leat or channel, for conveying water from a salmon river at the point of divergence and at the point of return (g).

12. To widen (12) To widen any channel across which any

channels.

gratings at

grating may have been made, so as to compensate for the diminution of the flow of water caused by the grating (h).

13. To place (13) To place gratings at the mouths of streams so as to prevent salmon entering them (¿).

the mouths of

streams.

14. To take legal proceed

ings for

violation of

the Salmon

Fishery Acts.

(14) To take legal proceedings against persons violating the provisions of the Salmon Fishery Acts, 1861 to 1873 (j).

15. To take (15) To take legal proceedings for removing such

legal proceed

ings for re

moving any

weirs.

weirs or other fixed engines as they may be advised are illegal (j).

16. To apply (16) To apply any moneys in their hands in

moneys in

any way they

think best for

the fisheries.

17. To appoint persons

to inspect weirs.

any way not illegal that they may consider most conducive to the improvement of the fisheries (k).

(17) To appoint any person or persons to enter upon any lands to inspect any weir, dam,

fishing weir, fishing mill-dam, fixed engine, obstruction, mill-race or watercourse (1).

18. Generally (18) Generally to execute such works, do such

to do such

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