obtaining a Verdict to done such Act or causing or procuring the same to be done, and for preventing the Repetition or Continuance of the wrongful Act, and the Committal of any similar Act. XXIII. In every Action which any Person shall under Defendant the Provisions of this Act commence as Plaintiff for or on behalf of her Majesty for recovering any Penalty or Sum have full of Money, if the Defendant shall obtain Judgment, he shall Indemnity be entitled to recover his Costs of Suit, which shall include a full Indemnity for all the Costs, Charges, and Expenses by him expended or incurred in, about, or for the Purposes of the Action, unless the Court or a Judge thereof shall direct that Costs of the ordinary Amount only shall be allowed. for Costs. suing for a toive Security for compelled Costs. XXIV. In any Action which any Person shall, under A Plaintiff the Provisions of this Act, commence as Plaintiff for or on Penalty behalf of her Majesty for recovering any Penalty or Sum of may be Money, if it shall be shown to the Satisfaction of the Court or a Judge thereof that the Person suing as Plaintiff for or on behalf of her Majesty has no ground for alleging that he has been aggrieved by the committing of the alleged Offence in respect of which the Penalty or Sum of Money is alleged to have become payable, and also that the Person so suing as Plaintiff is not resident within the Jurisdiction of the Court, or not a Person of sufficient Property to be able to pay any Costs which the Defendant may recover in the Action, the Court or Judge shall or may order that the Plaintiff shall give Security by the Bond or Recognizance of himself and a Surety, or by the Deposit of a Sum of Money, or otherwise, as the Court or Judge shall think fit, for the Payment to the Defendant of any Costs which he may be entitled to recover in the Action. affect the lers of Hal XXV. Nothing in this Act contained shall be construed Act not to to affect the Rights and Privileges of the Corporation of CorporaCutlers of the Liberty of Hallamshire in the County of tion of CutYork, nor shall anything in this Act contained be construed lamshire, in any way to repeal or make void any of the Provisions nor to recontained in the Fifty-ninth George Third, Chapter Seven, 3, c. 7. intituled An Act to regulate the Cutlery Trade in England. XXVI. The Expression The Merchandise Marks Act, Short 1862, shall be a sufficient Description of this Act. peal 59 G. Title. CAP. XCVII. An Act to regulate and amend the Law respecting the Salmon 'WHEREAS it is expedient that the Acts relating to the further Provisions should be made for the Regulation of Fisheries, the Removal of Obstructions, and the Prevention of illegal fishing:' 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: I. This Act may be cited for all Purposes as 'The Salmon Fisheries (Scotland) Act, 1862.' II. The following Words and Expressions in this Act shall have the Meanings hereby assigned to them, unless such Meanings be repugnant to or inconsistent with the Context: 'Commissioners' shall mean the Commissioners appointed and acting under the Authority of this Act for the Time being: 'Clerk' shall mean the Clerk to be appointed by any District Board: 'Sheriff' shall mean the Sheriff of the County in Scotland of which he is Sheriff, and shall include Sheriffs Substitute: 'Justice' or 'Justices' shall mean any Justice or Justices of the Peace acting for the County, City, or Burgh where the Matter requiring the Cognizance of such Justice or Justices shall arise: 'Secretary of State' shall mean One of her Majesty's Principal Secretaries of State: 'Proprietor' or 'Proprietors' shall mean and include any Person, Company, or Corporation who is the Proprietor of a Salmon Fishery, or who receives or is entitled to receive the Rents of such Fishery on his or their own Account, or as Trustee, Guardian, or Factor for any Person, Company, or Corporation, and shall also include her Majesty in right of her Crown: "Byelaw' and 'Byelaws' shall include all Rules, Orders, and Regulations made by the Commissioners under the Authority of this Act: 'Salmon' shall mean and include Salmon, Grilse, Sea Trout, Bull Trout, Smolts, Parr, and other migratory Fish of the Salmon Kind : 'Fisheries' and 'Fishery' shall mean Salmon Fisheries and a Salmon Fishery in any River or Estuary or in the Sea : 'River' shall include Tributaries and any Lake from or through which any River flows: 'Valuation Roll' shall mean the Valuation Roll in force for the Time for any County, and each of the Royal Burghs therein, made up under the Authority of the Public General Act Seventeenth and Eighteenth Vic- of Act. III. The Enactments and Provisions of this Act with Comrespect to the Appointment, Powers, and Duties of the Commencement missioners, and the Election, Powers, and Duties of District Boards, shall come into operation and take effect from and after the passing of this Act, and all the other Enactments and Provisions of this Act shall come into operation and take effect from and after the First Day of January One thousand eight hundred and sixty-three. IV. Each River in Scotland flowing into the Sea, and every tributary Stream or Lake flowing into or connected with such River and the Mouth or Estuary of such River, and the Seacoasts adjoining thereto, divided into such Portions as may be fixed and defined by the Commissioners under the Authority of this Act, shall form a District for the Purposes of this Act. Each Rive and Esthe Seacoasts adjoining, to be a Dis tuary and trict.. to be ap pointed by of State. Secretary V. It shall be lawful for the Secretary of State to appoint CommisThree Commissioners for the Purposes of this Act, who sioners shall be paid at such Rate, not exceeding Three Pounds per Day each, as the Commissioners of the Treasury may direct, the whole Amount to be received by each Commissioner not exceeding Three hundred and fifty Pounds per Annum, over and above such Travelling Expenses as the Commissioners of the Treasury may sanction: Provided that the Duration of the Office of such Commissioners shall in no Case extend beyond Three Years. VI. The Commissioners shall have the Powers and per- Duties of form the Duties herein-after specified; that is to say, (1.) To fix and define, for the Purposes of this Act and the other Acts relating to Salmon and Salmon (2.) To fix, for the Purposes of this Act, the Limits of (3.) To fix, for the Purposes of this Act, the Limits of every District, and the Portions of the Seacoast adjoining to the Mouth or Estuary of any River to be included in such District: (4.) To fix, for the Purposes of this Act, a Point on Commissioners., Annual and Application of An nual Close Time. each River (including the Estuary thereof) below which the Proprietors of Fisheries shall be Lower Proprietors, and above which the Proprietors of Fisheries shall be Upper Proprietors : (5.) To determine, subject to the Provisions of this Act, at what Dates the Annual Close Time for every District shall commence and terminate, and at what Periods subsequent to the Commencement and prior to the Termination of the Annual Close Time it shall be lawful to fish for and take Salmon with the Rod and Line: Provided that the Number of Days during which such Annual Close Time shall continue shall be the same as regards every District: (6.) To make general Regulations with respect to the The due Observance of the Weekly Close Time : The Construction and Alteration of Mill Dams, mon: The Meshes of Nets (so that they shall not in- Obstructions in Rivers or Estuaries to the Provided that such Regulations shall not interfere VII. The Annual Close Time for every District shall continue for One hundred and sixty-eight Days; and the Weekly Close Time, except for Rod and Line, shall continue from the Hour of Six of the Clock on Saturday Night to the Hour of Six of the Clock on Monday Morning; but the Commissioners shall have Power, on the Application of the District Board, or of any Two Proprietors of Fisheries in any District, to vary the Period at which the Weekly Close Time shall commence in any District, or any Part thereof, in so far as they may think reasonable or expedient: Provided that such Weekly Close Time shall in no Case be less than Thirty-six Hours. VIII. The Annual Close Time shall be applicable to every Mode of fishing for or taking Salmon in any River, Lake, or Estuary, or in the Sea, except by means of the Rod and Line, for the Periods in each District to be fixed by the Commissioners subsequent to the Commencement and prior to the Termination of the Annual Close Time during which it shall be lawful to fish for and take Salmon by means of the Rod and Line. Close til altered under this IX. In regard to any River and Estuary which are regu- Present lated by any Local Act relating thereto the Annual Close Annual Time fixed by such Act, and in regard to all other Rivers, Times to Estuaries, and Seacoasts in Scotland the Annual Close subsist unTime fixed by the Public General Act Ninth George the Fourth, Chapter Thirty-nine, shall respectively be applicable until the Annual Close Time with respect to any such River, Estuary, or Seacoast shall be otherwise determined. by any Byelaw made by the Commissioners under the Authority of this Act. Act. hibited by existing X. It shall not be lawful to fish for or take Salmon at Fishing illegal any Place or by any Mode prohibited by any Statute rewhere prolating to Salmon or Salmon Fisheries in Scotland subsisting and in force at the Date of the passing of this Act; and nothing contained in this Act or in any Byelaw made by the Commissioners shall render legal any Mode of fishing which was or would have been illegal at the Date of the passing of this Act. for XI. Every Person who commits any of the following Penalties Offences shall for every such Offence be liable to a Penalty Offences. not exceeding Five Pounds, and to a further Penalty not exceeding Two Pounds for every Salmon taken or killed contrary to the Provisions of this Act, or of any Byelaw made by the Commissioners under the Authority of this Act; and shall, in addition to such Penalties, at the Discretion of the Magistrate, forfeit every Boat, Net, Rod, Line, or other Article which has been or may be used in fishing for or taking Salmon, and which is found in the Possession of such Person at the Time of the committing such Offence; that is to say, Every Person who fishes for or takes Salmon during the Annual Close Time by any Means other than the Rod and Line: Every Person who fishes for or takes Salmon, except Every Person who fishes for or takes Salmon during the |