CHAPTER XVI.

AS TO SALMON FISHERIES.

24 & 25 Vict. THE law as to salmon fisheries has been consolidated by

c. 109.

the recent act of 24 & 25 Vict. c. 109,' the provisions of which we propose to give entire, and (as the act is well drawn and arranged) seriatim. The following table may be useful in referring to the several enact

Prohibition of certain Modes of destroying Fish.

5. Penalty on mixing poisonous

nets..

155

substances in rivers 152 11. Penalty on fixed engines

6. Power to have question un

der preceding section de-
cided by jury

7. Effect of issue

8. Penalty on

153

..

153

lights, spears, &c.

9. Penalty on using roe

bait..

154

10. Penalty on using certain

155

12. Penalty on using certain dams for catching sal

157

159

young of salmon Penalty on disturbing fish when spawning . 160

1 There will still be a variety of local acts in force, and, amongst others, the provisions of some of those partially repealed by this act, set out in the latter portion of the schedule, p. 176, will still remain in operation. As to other offences in respect of salmon fisheries in which there are private rights, see Chap. XV., ante, pp. 140, 144.

31. General superintendence of | 33. Justices at sessions to apfisheries by Home Office point conservators of rivers

169

170

32. Annual reports of inspec- 34. Justice may grant a wartors to be laid before par- rant to enter suspected

35. Recovery of penalties 170 | 37. Offences committed on sea 36. Offences on rivers may be

tried in county on either
side..

coast where to be tried

172

172

172 38. Saving clause for dredging

REPEAL OF ACTS.

39. Repeal of Acts, 172. SCHEDULE of the Acts repealed 173-176.

24 & 25 VICT. C. 109.

An Act to amend the Laws relating to Fisheries of
Salmon in England.

24 & 25 Vict.

c. 109.

The Act.

[Royal Assent, 6th August, 1861.] WHEREAS the salmon fisheries of England have of Preamble. late years been greatly injured, and for the purpose of increasing the supply of salmon it is expedient to amend the lows relating to fisheries of salmon in En~

c. 109.

24 & 25 Vict. land: 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:—

Short title.

Application

of act.

Commencement of act.

Definition of terms.

Preliminary.

1. This act may be cited for all purposes as the Salmon Fishery Act, 1861.

2. This act shall not extend to Scotland or Ireland, or to the River Tweed, as defined by the "Tweed Fisheries Amendment Act, 1859."2

3. This act shall not come into operation until the 1st day of October, 1861.

4. In this act, unless there is something inconsistent in the context, the words and expressions hereinafter mentioned shall have respectively the meanings hereby assigned to them; that is to say,

"Person" shall include any body of persons, cor

porate 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, burn tail, fry, samlet, smoult, smelt, skirling or scarling, parr,

2 The acts relating to the River Tweed are the 20 & 21 Vict. c. cxlviii., and the amended act 22 & 23 Vict. c. lxx, here referred to, which defines, by ss. 2 and 4, the limits of the river. By s. 23 of the latter also, the River Tweed was not to be exempt from the provisions of any general acts relating to salmon fisheries to be passed. Many of the offences under these acts are punishable in England, as, for instance, the possession in England of unseasonable salmon (s. 10 of 22 & 23 Vict. c. lxx.)

c. 109.

spawn, pink, last spring, hepper, last brood, 24 & 25 Vict.
gravelling, shed, scad, blue fin, black tip, fin-
gerling, 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 :

66

Fishing mill dam" shall mean a dam used or intended to be 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.

24 & 25 Vict. c. 109.

Penalty on mixing poisonous

substances in rivers.

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 salmon, or into any tributaries thereof, any liquid or solid 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 ex-
ceeding five pounds:

(2.) Upon the second conviction a penalty not ex-
ceeding 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:

But no person shall be subject to the foregoing pe-
nalties for any 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.

3 Vide s. 35, post, p. 170, as to the recovery of penalties.