think expe dient for the protection of the fisheries. acts, incur such expenses, as they may deem acts as they expedient for the protection and improvement of the fisheries and stocking the waters within their district with salmon (m). But none of these powers authorize a board to do anything that may injuriously affect any navigable river, canal or inland navigation (m). members of a Except in the case of a purchase of any weir, Payments to dam, fishing weir, fishing mill-dam or obstruction, board. from the member of any board of conservators, it is illegal for the board to pay any member any salary, fee or remuneration for his acting in any way as a member of or under the board. And in the case of a purchase of any dam or weir from a member, it is expressly provided that the member must not vote in respect of the payment of the compensation to himself (n). accounts. Every year the board of conservators are to lay Audit of before either the court of quarter sessions that appoints the board if it is appointed by one county, or before the court of quarter sessions that the joint fishery committee fixed upon as the audit county if several counties appoint the board, an account of their receipts and disbursements in such form and with such particulars as such court may require. And the court of quarter sessions have power to disallow any item they may consider to be illegal (o). Such are the powers given to boards of conser (m) 28 & 29 Vict. c. 121, s. 27. Justices at sessions to appoint conservators of rivers. Cesser of powers of servators. vators under the Salmon Fishery Acts, 1865 and 1873. The more important of them, those relating to bye-laws, water bailiffs, licences, weirs, fishpasses and gratings, are examined in detail in the subsequent chapters. Statutes as to Boards of Conservators. It shall be lawful for the justices of the peace assembled at any general or quarter sessions of the peace from time to time to appoint conservators or overseers for the preservation of salmon, and enforcing for that purpose the provisions of the Salmon Fishery Act, 1861, within the limits of the jurisdiction of such justices (n). After the appointment of a board of conservators in pursuance existing con- of the Salmon Fishery Act, 1865, in any district, the powers of all conservators or overseers for the preservation of salmon, appointed in pursuance of any other act of parliament, of charter or custom, and all powers of appointing the same, shall absolutely determine within the limits of the said district (0). Constitution of board of conservators. Ex-officio members of board of conservators. CONSTITUTION OF BOARDS OF CONSERVATORS. Board of Conservators, and their Officers. A board of conservators shall be a body corporate, having perpetual succession and a common seal, with power to make contracts, and to sue and be sued in a common name (p). (i.)-Ex officio Members. In addition to the elected members of any board of conservators for any fishery district, every person shall be an ex officio member of such board who possesses either of the qualifications hereinafter mentioned; (that is to say,) (1) Is the owner or occupier of a fishery or fisheries in such (n) 24 & 25 Vict. c. 109, s. 33. same time as ex officio members in respect of the same (2) Is the owner of lands in such fishery district of an annual persons under disability. In all cases where the owner of any fisheries or lands pos- Provision for sessing either of the aforesaid qualifications for ex officio members of the said board of conservators shall be a minor, idiot, lunatic, feme covert, or under any legal disability, or shall be a corporation, company or fishery association, one of the guardians or trustees of such minor, the committee of the estate of such idiot or lunatic, the husband of such feme covert, one of the members of such corporation, company or fishery association, or the attorney or agent of such guardian, trustee, committee, husband, corporation, company or fishery association (respectively) shall be entitled to act as an ex officio member of the board of conservators of the district within which such fisheries or lands are situate ("). members to ration. sign a decla Any person claiming to be entitled to act as an ex officio Ex officio member of any board of conservators for any fishery district shall, previously to taking his seat at any such board, or taking any part in the proceedings thereof, or acting in any way as a member of such board, sign a declaration in such form as the board shall prescribe, setting forth the nature of the qualification in respect of which he claims to be entitled to act; and any person wilfully making any false declaration or acting before having made such declaration, having been required to do so, shall be liable to a penalty of not exceeding five pounds; for the first offence not less than 27. 10s., and not exceeding 57. for the (a) 36 & 37 Vict. c. 71, s. 26. Sect. 27. Appointment of conser. vators to district within limits of one county. Committee for fishery district in different counties. Application for appoint ment of joint committee. second offence, and if a licensee forfeiture of licence, and not less than 57. for the third and forfeiture of licence (if a licensee); and every ex officio member having signed such declaration as aforesaid shall be entitled to act as a member of the board so long only as he continues to hold such qualification, and in case of any alteration being made in any fishery district, he shall be entitled to act only in that district where his qualification exists (s). (ii.)-Appointed Members. Where any fishery district lies wholly within any one county, the justices of that county in quarter sessions assembled shall appoint a board of conservators for that district, and shall name the time and place at which the first meeting of any board so appointed is to be held (t). Where a fishery district does not lie wholly within the limits of one county, the justices of any county, or the town council of any town being a county, within which any part of such district lies, assembled at any court of quarter sessions, or town council, may apply to the justices of every other county and town council in that district to appoint at their next court of quarter sessions or town council a fishery committee of three of their number, to form, with the fishery committee of the like number to be appointed at that sessions or town council by the county or town making the application, a joint fishery committee for the district (u). An application under this act by the justices of one county or the town council of any town which is a county, to the justices of another, in respect of the appointment of a joint fishery committee, shall be made by the clerk of the peace of the one county or the town clerk sending, within fourteen days after the holding of the sessions at which the application is resolved on, to the clerk of the peace of the other county or town clerk, by post, a letter requiring the justices of the other county or town council to appoint a fishery committee at their then next ensuing quarter sessions; and it shall be the duty of the clerk of the peace or town clerk making the application, and of the clerk of the peace of every county, and town clerk of every town which is a county, to whom such application is sent, to add to the notice required (s) 36 & 37 Vict. c. 71, s. 28. (t) 28 & 29 Vict. c. 121, s. 6. by law to be given of the holding of such last-mentioned sessions or town council a notice of the appointment proposed to be made of a fishery committee (v). of fishery committee. At the quarter sessions or town council mentioned in the Appointment application the justices of each county and town council shall appoint a fishery committee of three of their members; and any county or town which is a county neglecting to make such appointment shall be deemed to have concurred in any decision that may be arrived at by the fishery committees of the other counties or towns, or of such of them as may appoint a fishery committee (x). The clerk of the peace of every county and town clerk of any Notice of aptown which is a county shall, as soon as possible after the ap-fishery compointment of pointment of a fishery committee by his county or town, give mittee. notice by post to the clerk of the peace or town clerk of every other county in the district, stating in such notice the names and addresses of the members composing the fishery committee of his county, and the clerk of the peace of the county or town clerk that made the application for such appointment shall, in the notice sent by him, name a time and place at which the joint fishery committee for such district is to meet (y). The said joint fishery committee, on meeting at the time and Proceedings of joint place aforesaid, shall elect a chairman, and the chairman elected fishery comat the first meeting shall, if he is present at the time appointed mittee. for holding any other meeting, be chairman of that meeting; if he is not so present, the members present may choose any one of their number present to be chairman of such last-mentioned meeting (z). The said joint fishery committee shall proceed to appoint a Meeting of board of conservators for such district, and shall determine the joint fishery following matters: (1) The number of conservators to be appointed as a board. each county in the district. (3) The names of the first members of the board, distinguish committee. |