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of such sale, paid himself the amount of any such debt, together with the costs and expenses of such sale, shall cn demand pay to the person depositing or leaving any such goods, chattels, carriages, horses, wares, or merchandise the surplus (if any) remaining after such sale: Provided further, that the debt for the payment of which a sale is made shall not be any other or greater debt than the debt for which the goods or other articles could have been retained by the inpkeeper under his lien.

Provided also, that at least one month before any such sale the landlord, proprietor, keeper, or manager shall cause to be inserted in one London newspaper and one country newspaper circulating in the district where such goods, chattels, carriages, horses, wares, or merchandise, or some of them, shall have been deposited or left, an advertisement containing notice of such intended sale, and giving shortly a description of the goods and chattels intended to be sold, together with the name of the owner or person who deposited or left the same where known.

2. This Act may be cited as the Innkeepers Act, 1878.

Short title.

24 & 25 Vict.c. 109. 28 & 29 Vict.c. 121.

CHAPTER 39.
An Act for the Protection of Freshwater Fish.

[8th August 1878.]
BE
E 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 as the Freshwater Fisheries Act, 1878. Short title.

2. This Act shall, so far as is consistent with the tenour thereof, Construction. be read as one with the Salmon Fishery Acts, 1861 to 1876.

3. This Act shall not extend to Scotland or Ireland, nor, except 36 & 37 Vict.c. 71. as regards sub-sections four and five of section eleven, and as regards Extent of Act. section twelve, to the counties of Norfolk and Suffolk, and the county of the city of Norwich.

4. This Act shall come into operation from and immediately after Commencethe thirty-first day of December one thousand eight hundred and ment of Act. seventy-eight.

5. Sections eight and pine of the Salmon Fishery Act, 1861, Extension of (which relate to fishing with lights, spears, and other prohibited provisions of instruments, and to using roe as a bait,) and section sixty-four of the c. 109. 86. 8. Salmon Fishery Act, 1865 (which provides a close time for trout 9, and and char), shall

, as amended by the subsequent Salmon Fishery 28 & 29 Vict. Acts, apply to trout and char in all waters within the limits of this Act; and the term “salmon river,” as used in section sixty-four of the Salmon Fishery Act, 1865, shall include any such water.

6. The provisions of the Salinop Fishery Acts, 1865 and 1873, Formation and which relate to the formation, alteration, combination, and dissolu- dissolution of tion of fishery districts, and to the appointment, qualification, pro- tricts in trout ceedings, and powers of conservators, shall extend and apply to all and char rivers. waters within the limits of this Act frequented by trout or char; and the term "salmon river" in the fourth and nineteenth sections of the Salmon Fishery Act, 1865, and in the twenty-sixth section

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C. 121. s. 64.

c. 71.

c. 121.

c. 71.

c. 71. Powers of

36 & 37 Vict. of the Salmon Fishery Act, 1873, shall mean any river frequented

by salmon, trout, or char. Provisions as 7. In any fishery district subject to a board of conservators, the to licences. conservators shall have power to issue licences for the day, week,

season, or any part thereof, to all persons fishing for trout or char, and, in the event of the power being exercised in any fishery dis

trict, the provisions of the thirty-third, thirty-fourth, thirty-fifth, 28 & 29 Vict. thirty-sixth, and thirty-seventh sections of the Salmon Fishery Act,

1865, and of the twenty-first, twenty-second, twenty-fourth, and 36 & 37 Vict. twenty-fifth sections of the Salmon Fishery Act, 1873, (relative to

licences,) shall, with respect to such district, be construed as if the
words " trout or char" were inserted throughout after the word
“salmon."

Provided as follows :
(1.) A licence to fish for salmon shall have effect as a licence to

fish for trout and char:
(2.) The fee payable for a licence to fish for trout or char exclu-

sively of salmon in any district shall not exceed one third of the maximum amount chargeable for fishing for salmon

under the provisions of the 21st section of the Salmon 36 & 37 Vict.

Fishery Act, 1873.

8. The provisions of the thirty-first section of the Salmon Fishery water bailiffs.

Act, 1865, and of the thirty-sixth, thirty-seventh, and thirty-eighth 28 & 29 Vict. sections of the Salmon Fishery Act, 1873, relative to the powers 36 & 37 Vict. of water bailiffs, shall extend and apply to all waters within the

limits of this Act, as if the words “salmon river," wherever they occur in such sections, included all waters frequented by salmon,

trout, or char. Justice may 9. The provisions of the thirty-fourth section of the Salmon grant warrant Fishery Act, 1861, which empower any justice of the peace upon

information on oath to authorise the search of any premises, shall pected places. 24 & 25 Vict

. extend to all offences committed or alleged to have been committed

under this Act, and that section shall be construed and have effect as if the word “salmon” included trout, char, and all freshwater fish.

10. The provisions of the Salmon Fishery Act, 1876, which tend close

empower a board of conservators to alter the period during which season to char. it shall be illegal to take or kill trout in any fishery district, shall 39 & 40 Vict. extend to char, and the fourth section of that Act shall be construed

and have effect as if the words “or char” followed the word "trout"

in that section. Close season

11. (1.) In this section the term “ freshwater fish” includes all for freshwater

kinds of fish (other than pollan, trout, and char) which live in fresh water, except those kinds which migrate to or

from the open sea : (2.) The period between the fifteenth day of March and the

fifteenth day of June, both inclusive, shall be a close

season for freshwater fish : (3.) If any person during this close season fishes for, catches, or

attempts to catch or kill any freshwater fish in any river, lake, tributary, stream, or other water connected or communicating with such river,' he shall, on summary conviction before two justices, be liable to a fine not exceeding forty shillings:

c. 71.

to enter sus

c. 109.

Power to ex

c. 19.

fish.

Nothing in this sub-section shall apply—

(a.) To the owner of any several or private fishery where trout, char, or grayling are specially preserved destroying within such fishery any freshwater fish other than grayling;

(6.) To any person angling in any several fishery with the leave of the owner of such fishery or in any public fishery under the jurisdiction of a board of conservators with the leave of said board ;

(c.) To any person taking freshwater fish for scientific purposes ;

(d.) To any person taking freshwater fish for use

as bait:
(4.) If any person during this close season buys, sells, or exposes

for sale, or has in his possession for sale, any freshwater
fish, he shall, on summary conviction before two justices,

be liable to a fine not exceeding forty shillings:
(5.) On a second or any subsequent conviction under this section

the person convicted shall be liable to a fine not exceeding

five pounds :
(6.) After every conviction under this section the person or

persons convicted shall forfeit all fish so caught, bought,
sold, exposed for sale, or in possession for sale, and shall be
liable, at the discretion of the convicting justices, to the for-

feiture of all instruments used in the taking of such fish : (7.) A board of conservators appointed under the Salmon Fishery 24 & 25 Vict.

Acts, 1861 to 1876, or under this Act, may, as regards any 28 & 29 Viet.
or all kinds of freshwater fish, with the approval of the
Secretary of State, exempt the whole or any part of their 36 & 37 Vict.
district from the operation of the first, second, and third c. 71.

39 & 40 Vict.
sub-sections of this section. The exemption shall be adver- c. 19.
tised in such manner as the Secretary of State shall

direct: (8.) The provisions of the Salmon Fishery Acts, 1861 to 1876, as 24 & 25 Vict.c.109. to legal proceedings, offences, and penalties under those 36 & 37 Vict.c.71

. Acts, shall apply to legal proceedings, offences, and penal- 39 & 40 Vict. c. 19.

ties under this section. 12. The Fisheries (Dynamite) Act, 1877, which prohibits the use Extension of of dynamite or other explosive substance for the catching or destruc- 40 & 41 Viot. tion of fish in a public fishery, shall apply to the use of any such , 65, to prisubstance for the catching or destruction of fish in any water, whether public or private, within the limits of this Act.

13. So much of the Act of Parliament made and passed in the Repeal of part eighteenth year of the reign of King George the Third, chapter of 18 G. 3. thirty-three, intituled “An Act for the better preservation of fish. 33. as to

fishing in the " and regulating the fisheries in the River Severn and Verniew,” Severn and as prohibits any person or persons in the months of June or July Verniew in

June and July. laying, drawing, making use of, or fishing within the said rivers, or either of them, with any net the meshes whereof shall be under two inches and a half square by the standard, and not extended, or ten inches round, allowing to each mesh four knots, is hereby repealed.

c. 121.

vate waters.

CHAPTER 40. An Act to remove doubts with respect to the application to Scotland of the Prisons Authorities Act, 1874.

[8th August 1878.]

37 & 38 Vict. c. 47.

Short title.

c. 47.

c. 47.

Scotland of the Prisons Authorities Act, 1874 (herein-after called the Act of 1874), and it is expedient that those doubts be removed :

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. This Act may be cited as the Prisons Authorities Act, 1874, 37 & 38 Vict. Amendment Act, 1878, and the Act of 1874 and this Act shall be

read and construed together as one Act. Interpretation 2. The expression“ prison authority," where used in the Act of of expression 1874, shall be deemed to include county prison boards in Scotland “prison authority.”

as such boards existed previous to the passing of the Prisons (Scot37 & 38 Vict.land) Act, 1877; and any moneys borrowed or contracted to be

borrowed before the passing of this Act by the county prison 40 & 41 Vict. board of any county in Scotland for the purpose of contributing

towards the expense of altering, enlarging, rebuilding, establish

ing, building, or purchasing the site of any industrial or reforma29 & 30 Vict. tory school under the Industrial Schools Acts, 1866 and 1872, and the Reformatory Schools Acts, 1866 and 1872, or any of them, shall

, subject to the approval of one of Her Majesty's Principal Secretaries 29 & 30 Vict. of State, which approval may be given after the passing of this Act

on the application of the Commissioners of Supply of such county, 35 & 36 Vict. be deemed to be moneys borrowed or contracted to be borrowed 37 & 38 Vict. by a prison authority under the Act of 1874, and may be charged

by the Commissioners of Supply of such county upon the county general assessment thereof, but with a right of relief against the burgh or burghs therein, and the municipal, or police, or other assessments thereof, in the proportion of the valuation of such burgh or burghs respectively to the valuation of such county, and shall be

repaid, with the interest due thereon, all as nearly as may be in 37 & 38 Vict. manner provided by the Act of 1874.

c. 53.

c. 118.
35 & 36 Vict.
c. 21.

c. 117.

c. 47.

c. 47.

CHAPTER 41.
An Act to enable Returning Officers at Parliamentary

Elections in Scotland to require Security for their Ex-
penses; and otherwise to amend the Law of Scotland
relating to such Expenses.

[8th August 1878.] is expenses and charges of returning officers at parliamentary elections in Scotland, and otherwise to amend the law of Scotland relating to such expenses :

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal,

c. 33.

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 Parliamentary Short title and Elections Returning Officers Expenses (Scotland) Act, 1878, and construction of the Ballot Act, 1872, as modified by this Act, and this Act shall 358 36 Vict. be construed as one Act.

2. This Act shall extend to Scotland only, and only to parliamen- Extent of Act. tary elections.

3. The returning officer, if he think fit, may, as herein-after pro- Returning vided, require security to be given for the charges which may officer may re

quire deposit become payable under the provisions of any Act of Parliament in

or security. respect of any election.

The total amount of the security which may be required in respect of all the candidates at an election shall not in any case exceed the sums prescribed in the Schedule to this Act.

Where security is required by the returning officer it shall be
apportioned and given as follows ; viz.,
(1.) At the end of the two bours appointed for the election the

returning officer shall forthwith declare the number of
the candidates who then stand nominated, and shall, if
there be more candidates nominated than there are vacan-
cies to be filled up, apportion equally among them the

total amount of the required security :
(2.) Within one hour after the end of the two hours aforesaid,

security shall be given by or in respect of each candidate
then standing nominated, for the amount so apportioned

to him :
(3.) If in the case of any candidate security is not given or

tendered as herein mentioned, he shall be deemed to be

withdrawn within the provisions of the Ballot Act, 1872: 35 & 36 Vict. (4.) A tender of security in respect of a candidate may be made

by any person :
(5.) Security may be given by deposit of any legal tender or

of notes of any bank being commonly current in the
county or burgh for which the election is held, or, with

the consent of the returning officer, in any other manner : (6.) The balance (if any) of a deposit beyond the amount to

which the returning officer is entitled in respect of any
candidate shall be repaid to the person or persons - by

whom the deposit was made. 4. In any case to which the fourteenth section of the Ballot Use of ballot Act, 1872, is applicable it shall be the duty of the returning officer, boxes, &c. so far as is practicable

, to make use of ballot boxes, fittings, and provided for compartments provided for municipal or school board elections, and elections. the court, upon taxation of his accounts, shall have regard to the 35 & 36 Vict. provisions of this section.

5. Nothing in this Act shall apply to an election for any uni- Saving of the versity or combination of universities.

universities. 6. On and after the passing of this Act it shall come into opera- Commencement tion, and shall continue in force until the thirty-first day of Decem- and duration of ber one thousand eight hundred and eighty, and no longer, unless Parliament shall otherwise determine,

c. 33.

c. 33, s, 14.

Act,

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