Acts of 'Personal Estates, Offices, and Pensions, in England:' ME therefore please Your Majesty that it may be enacted; and by enacted by the King's most Excellent Majesty, by and wat Advice and Consent of the Lords Spiritual and Tempora Commons, in this present Parliament assembled, and by the thority of the same, That the several and respective Persoas de inafter named shall and may and are hereby empowered authorized to put in execution the said Acts, and all the Cisea Powers, Matters, and Things whatsoever therein containes Commissioners in and for the several and respective Countieel Places of Great Britain hereinafter severally and respecte mentioned and expressed, as if they had been named with the Commissioners in the said Act of the last Session of Parlia and properly described therein ; (that is to say), [Here follow the Names of the Commissioners.] Mistakes in And no Mistake in the Spelling of the Christian or Surname Names not to any Person, or of any Place, mentioned in the said Act of the is vitiate Ap Session of Parliament or this Act, shall be construed to vitise 2: pointments. Appointment of such Person to be a Commissioner, so that t Person or Place mentioned be designated therein to communi tent and Understanding, or to subject any person so designated : any Pains, Penalty, or Forfeiture for his acting in the Executis of the Act herein mentioned. Qualifications II. Provided always, and be it enacted, That the several Pee to be the same sons appointed by the said Act of the last Session of Parlianes as required or by this Act, shall severally have the Qualifications required by by recited an Act passed in the Thirty-eighth Year of His late Majer 38 G.3. c.5. Reign, intituled An Act for granting an Aid to His Majesty sa Land Tax to be raised in Great Britain, for the Service of the One thousand seven hundred and ninety-eight ; and also of an * 38 G. 8. c. 48. of the same Session of Parliament, intituled An Act to altera amend so much of an Act passed in the present Session of Pa respectively. Persons in III. Provided also, and be it further enacted, That where Cities, &c. any City, Liberty, or Place the Qualifications shall consist of having Qualifi- Personal Estate, it shall be lawful for any Person having a Pes: sonal Estate of the Value required by the said Acts, or either di act as Commissioners. them, to act as such Commissioner in all Cases where such Perse shall have been taxed, and shall have paid for such Persona Estate, by and upon the last Assessment then made for such City, Liberty, or Place, by virtue of any Act for continuing and grantir : to His Majesty a Duty on Pensions, Offices, and Personal Estates in England, passed before the making of such Assessments ; 219 Thing in the said Acts, or either of them contained, to the col• trary notwithstanding. Persons having • IV. And Whereas several Persons may have acted as Com acted as Com- ' missioners for executing the said Acts without having been missioners properly named as Commissioners by the said recited Act of the without having last Session of Parliament, and others named in former Acts of been properly cations may Parliament rliament to be Commissioners may have been omitted in named, or e said Act of the last Session of Parliament, and may have whose Names ted as aforesaid before Notice of such Omission: And had been omitted, shall hereas it is expedient that such Persons should be indemnified be indemnified, such acting, and that all Acts by them done should be con- and the Acts med and made valid ;' Be it therefore enacted, That all Acts done by them e by any such Persons in the Execution of the said Acts, or shall be valid. other Acts to be executed by such Commissioners, shall be Care hereby declared to be valid, and that all personal Actions Suits, Indictments, Informations, and all Prosecutions and ceedings whatsoever, which have been or shall be prosecuted commenced against any Person or Persons for or by reason ach acting, are declared to be void by virtue of this Act, and I be quashed and determined ; and that if any Action or Suit I be prosecuted or commenced against any Person or Persons or by reason of such acting, such Person or Persons may plead General Issue, and give this Act and the special Matter in dence. V. And Whereas by the Acts relating to the Land Tax Three ir more Commissioners are required to sign and seal the Assessrents, and Duplicates thereof, and to hear and determine Ap- eals, and also to do and execute other Matters and Things in nd by the said Acts prescribed and authorized in the Execution hereof; and it is expedient that Two or more Commissioners hould be authorized and empowered to do and execute the ame Acts respectively ;' Be it therefore enacted, That all Acts, All Matters atters, and Things whatsoever, which in and by the Acts relat- which are } to the Land Tax are directed, authorized, or required to be directed by the ne, executed, or performed by or before Three or more Com- Land Tax Acts ssioners acting in the Execution thereof, shall and may, from by Three or d after the passing of this Act, be done, executed, or performed more Commis and before any Two or more of such Commissioners ; and all sioners may, cts, Matters, and Things so hereafter to be done, executed, and after the passerformed by or before Two or more of such Commissioners, shall ing of this Act, e as valid and effectual in all respects, and to all Intents and be executed by urposes whatsoever, as if the same Acts respectively were done, of such Comxecuted, or performed by or before Three or more Commission, missioners. rs; any Thing in the said Acts or this Act contained to the conrary notwithstanding. CAP. XXXIX. An Act for the Preservation of the Salmon Fisheries in Scotland. [15th July 1828.] WHERE THEREAS by an Act passed in the Parliament of Scotland 1424. C. 35. * was forbidden that any Salmon be slain from the Feast of the Assumption of our Lady until the Feast of Saint Andrew in Winter : And Whereas sundry other Laws and Acts were made and passed at divers Times by the Parliament of Scotland anent the killing of Salmon, Kipper, Red and Black Fish, in forbidden • Time, and the killing and destroying of the Fry and Smolts of • Salmon ; which Laws and Acts were ratified, confirmed, and ap i proved . proved by an Act passed by the said Parliament in the 1696. c. 33. • One thousand six hundred and ninety-six, intituled, Ad der Fis • killers of Black Fish, and Destroyers of the Fry and S the Salmon Fisheries in Scotland, that the Penalties enacted 13 the Lords Spiritual and Temporal, and Commons, in this pres Recited Act Parliament assembled, and by the Authority of the same. Te repealed. the said Act passed in the Year One thousand four hundreds No Fish of the twenty-four shall be and the same is hereby repealed; and then Salmon Kind Salmon, Grilse, Sea Trout, nor other Fish of the Salmon A to be taken shall be taken in or from any River, Stream, Lake, Water. between the Estuary whatsoever, or on any part of the Sea Coast, betal 14th September the Fourteenth Day of September and the First Day of Febris and 1st February in any Year, by any Person or Persons; any Law, Statute, e Practice to the contrary notwithstanding. Penalty on II. And be it further enacted, That if between the Fourteet. taking or Day of September and the First Day of February in any Year a fishing for Person shall wilfully take, fish for, or attempt to take, or ad* Salmon within assist in taking, fishing for, or attempting to take, in or from the above Time. River, Stream, Lake, Water, or Estuary, or on any part of the Coast, any Salmon, Grilse, Sea Trout, or other Fish of the Salmer Kind, such Person shall forfeit and pay any Sum not less than Clee Pound and not exceeding Ten Pounds, for and in respect of ead and every such Offence, over and above forfeiting each and ever such Fish so taken, and each and every Boat, Net, or Engine which the same may have been taken. Penalty on III. And be it further enacted, That if any Person shall, at Trespassers. the Expiration of Two Months from and after the passing of tas Act, trespass in any Ground, inclosed or uninclosed, or in a upon any River, Stream, Watercourse, or Estuary, with Inten » kill Salmon, Grilse, Sea Trout, or other Fish of the Salmon k... such Person shall forfeit and pay any Sum not less than Ten S. lings and not exceeding Five Pounds. Penalty on IV. And be it further enacted, That from and after the passin, taking Salmon of this Act, if any Person shall wilfully take, by any Means or by Fry, Spawn, any Device, in or from any River, Lake, Stream, Water, Estuary, &c. or Sea Coast, or use, sell, purchase, or wilfully have in his Posses sion, the Spawn, Smolts, or Fry of Salmon, or of any other Fis of the Salmon Kind, or in any way or by any Device wilfully etstruct the Passage of the said Smolts or Fry, or injure or distur any such Spawn or Fry, or any Spawning Bed, Bank, or Shaibus where the same may be, such Person shall forfeit and pay a Sus not less than One Pound and not exceeding Ten Pounds for each and every such Offence. Penalty on V. And be it further enacted, That from and after the passins taking unclean of this Act, if any Person shall at any Time wilfully take, kili Salmon. destroy, or expose to Sale, any Red or Black Fish, or other foul, unclean, or unseasonable Salmon, Grilse, Sea Trout, or Fish of the Salmon Kind, such Person shall forfeit and pay a Sum pot less than One Pound and not exceeding Two Pounds for every so taken, killed, or destroyed, or exposed to Sale. I. And be it enacted, That from and after the passing of this Penalty for , if any person shall use any Light or Fire of any kind, in or using Lights to the taking or with Intent to take any Salmon, Grilse, Sea take Fish. ut, or other Fish of the Salmon Kind, such Person shall forfeit pay a Sum not less than Two Pounds and not exceeding Ten nds for each and every such Offence. II. · And Whereas by an Act passed in the Parliament of otland in the Year One thousand four hundred and seventyven, intituled Anent Cruves, it is inter alia ordained, that they it hes Cruves in fresh Waters, gar keip the Lawes anent Satter. ies Slop, and suffer them not to stand in forbidden Time ; and at ilk heck of the said Cruves be Three Inche wide, and quha at beis convict thereof, to pay Five Pund: And Whereas it is <pedient that the said Penalty of Five Pounds Scots Money jould be augmented; Be it therefore enacted, That from and Saturday's Slop er the passing of this Act, if any Owner or Occupier of Cruves to be kept. ll offend against the said Law, such Person shall forfeit and 1477. c. 73. 1 a Sum not less than Five Pounds nor exceeding Twenty unds Sterling for every such Offence. VIII. And be it further enacted, That every Occupier of any Boats to be hery shall and is hereby required to remove and carry away removed in m such Fishery, and from the Landing Places and Grounds ad- Close Time. ent thereto, all Boats, Oars, Nets, Engines, and other Tackle d and employed by such Occupier in the taking and killing ch Fish as aforesaid, on or before the Commencement of the ose Time, or otherwise effectually to secure the same so as to event their being used in fishing, until the End of the Close me; and in case any such Occupier shall neglect or refuse so to move or secure all and every such Boats, Oars, Nets, Engines, other Tackle as aforesaid, and to keep the same secure and jart from the said Fisheries during the Time aforesaid, such erson so refusing or neglecting, and being convicted thereof, shall ir such Offence, and for every subsequent Neglect after Notice iven, forfeit and pay a Sum not less than Forty Shillings and not xceeding Ten Pounds : Provided always, that nothing herein con- Proprietors of ained shall be construed or taken to prevent any Proprietor of Lands may ands from continuing any such Boat or Boats for the Use of him- continue Boats elf or herself, or any of his or her Family, if such Boat or Boats for their own hall have the Name of the Proprietor painted thereon. IX. Provided always, and be it enacted, That each and every Recovery and Penalty provided by this Act shall go to the Informer, and may Application of and shall be recoverable, with Expences, as well before the Penalties. Sheriff as before the Justices of the Peace of any County as aforesaid wherein the same may be incurred, or where the Of. fender shall reside, at the Instance of any Person or Persons who shall prosecute for the same ; and in Prosecutions for the different Penalties imposed by this Act, or any other Act for the Preservation of the Salmon Fisheries in Scotland, it shall be lawful for the Sheriff or Justices before whom any Complaint for the Recovery thereof may be brought, to proceed in a summary Way, and to grant Warrant for bringing the Parties complained upon immediately before them, and on Proof on Oath by One or more credible Use, credible Witnesses, or Confession of the Offence, or other , or the or in any other way than as herein provided. Two Proprie X. And be it enacted, That it shall be lawful, in Scotland, it tors of Fisheries any Two Proprietors of Salmon Fisheries in any River, or soff Stream, Lake, Water, or Estuary communicating therewith, from in Scotland Time to Time to call Meetings of all the other Proprietorsd Salmon Fisheries in such River, and the several Streams, Lakes Meetings of other Proprie- Waters, and Estuaries communicating therewith, or on the sa Coast within Five Miles of the Mouth of such River or Estuary, same, in order by Three several Advertisements in any Newspaper published in to assess them the County where such Meeting is to be held, or if no Newspaper for the Pur be there published, then in any Newspaper published in any ad poses of this Act. joining County, and also in One Edinburgh Newspaper, Fourteen Days before such Meeting shall be held; at which Meetings shall be lawful for the Majority of Proprietors in Number and Value attending, or authorizing their Factors or other Proprietor by a Written Mandate to act for them, to assess the Whole Proprietors of Salmon Fisheries in such River, Stream, Lake, Water , or Estuary, and on the Sea Coast within Five Miles of the Mouth of such River or Estuary, in such Sums as they shall think bit . rateably according to the real Rents of their fisheries, for the Purpose of enforcing this Act, and the other Laws regulating Salmon Fisheries ; and it shall be lawful for such Meetings to appoint and pay Clerks, Water Bailiffs, and other Officers, as they shall see Cause'; and all such Assessments shall be recoverable in the Sheriff's Court, at the Instance of any Clerk or other Person on any River may call tors on the authorized |
