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and in addition thereto shall incur a penalty not less than two pounds and not exceeding ten pounds. But this section shall not apply to any person who takes fish legally by the single rod and line during the weekly close season; 26 & 27 Vic., c. 114, s. 25.

16. Sluices of mills during.-See "Mills.”

17. Dynamite.-Any person who uses Dynamite or other explosive substance, to catch or destroy fish, in a public fishery, liable to summary conviction. Penalty not exceeding £20 or imprisonment, at the discretion of the Court, with or without hard labour, for a term not exceeding two months. Any offence of this kind committed on the sea coast or at sea, within one marine league of the coast, deemed to be committed in a public fishery. See 40 & 41 Vic., c. 65, secs. 2 and 3.

18. Fry. If any person shall wilfully take, sell, purchase, or have in his possession, the spawn, smolts, or fry of salmon or trout, or of eels, or in any way, or by any device wilfully obstruct the passage of the said smolts or fry, or injure or disturb any such spawn or fry or any spawning bed, bank, or shallow where the same may be, such person shall forfeit and pay a sum not exceeding ten pounds for each and every such offence, and all nets, engines, and devices used in the taking of the same, or whereby any such injury shall be caused, shall be forfeited; 5 & 6 Vic., c. 106, s. 73. Nothing shall apply to having in possession salmon or trout for artificial propagation or other scientific purposes-nor prejudice the right of any owner to take materials from any stream; 26 & 27 Vic., c. 114, s. 22.

19. The word "salmon" shall extend to and include grilse, peale, sea (or white) trout, samlets, par, and all other fish of the salmon kind, and the spawn and fry thereof; 13 & 14 Vic., c. 88, s. 1.

20. And the words " jenkin," "gravelling," are deemed to be salmon; 26 & 27 Vic., c. 114, s. 14.

21. Mills and Factories.-No person at any time of the year, to take fish in any mill-pond, or mill-dam, or in works appurtenant to mills, or any watercourse leading the water to or from such mill, by any means save rod and line only, and rendering the millowner liable, if the real offender not known or found; 5 & 6 Vic., c. 106, s. 75.

22. The sluices which admit the water to the wheels of mills or factories to be kept shut for twenty-four consecutive hours, between six o'clock on Saturday afternoon and six o'clock on Monday morning, so that the water may flow freely through any existing gap or waste gate; 5 & 6 Vic., c. 106, s. 63.

23. The waste sluices or waste gates, or overfalls, shall at all seasons of the year, when the mill shall not be used for milling purposes, be kept open if no passage for fish be provided; and when such passage is provided, then they shall be kept shut down so as to force the water through such passage for fish. Owners of mills liable-penalty ten pounds; 5 & 6 Vic., c. 106, and 13 & 14 Vic., c. 89, s. 39.

24. Night.-If any person shall, between sunset and sunrise, have or use any light or fire of any kind, or any spear, gaff, strokehaul, or other such instrument, with the intent to take salmon or other fish in or on the banks of any lake or river, or if any person shall be found at any time chasing, injuring, or disturbing spawning fish, or fish on the spawning beds, or attempting to catch fish in such places (except with rods and flies only, within the lawful period), or damming, or teeming, or emptying any river or mill-race, for the purpose of taking or destroying any salmon or trout, or fry thereof, every person so offending in any of the cases aforesaid, shall forfeit all such instruments, and shall also forfeit and pay any sum not exceeding ten pounds; 5 & 6 Vic., c. · 106, s. 78.

25. No person shall use any net except a landing net, for the capture of salmon or trout in the fresh-water portion of any river, as defined by the Commissioners, between the hours of eight o'clock in the evening and six o'clock in the morning, except so far as the same may have heretofore been used within the limits of a several fishery next above the tidal flow, and held under grant or charter, or by immemorial usage.-Penalty not exceeding ten pounds, and forfeiture of all boats, nets, and gear; 26 & 27 Vic., c. 114, s. 24.

26. Poisoning Rivers. Any person found on the bank of or near any river, with any deleterious matter in his possession under such circumstances as shall satisfy the Court before whom he may be tried, that such person had employed or was about to employ such deleterious matter for the capture or destruction of fish, liable to a penalty of not less than five pounds nor more than ten pounds; and any person found taking fish from any river or lake where it shall be proved that such fish had been poisoned, liable to a penalty of not less than ten shillings, nor more than five pounds; 13 & 14 Vic., c. 88, s. 36.

27. Any person throwing, emptying, or causing to run or flow into any river or lake, any dyestuff, lime, spurge, or other deleterious or poisonous matter, or steeping in any river or lake any flax or hemp, liable to a penalty not exceeding ten pounds; 5 & 6 Vic., c. 106, s. 80.

28. Spears, &c.—It shall not be lawful, in any fresh water river, or lake, at any season of the year, to use for the purpose of taking fish, any otter, lyster, spear, strokehaul, dreedraw or gaff except when the latter implement may be used solely as auxiliary to angling with rod and line, or for the purpose of removing fish from any legal weir or box by the owner or occupier thereof, under penalty of not less than four pounds, nor greater than ten pounds; 13 & 14 Vic., c. 88, s. 40.

NOTE. This does not extend to eel spears.

29. Unclean Fish. If any person shall at any time wilfully take, kill, destroy, expose to sale, or have in his possession any red, black, foul, unclean, or unseasonable salmon or trout, such person shall forfeit and pay any sum not exceeding two pounds for every such fish so taken, killed, destroyed, exposed to sale, or in his possession: Provided always, that if any person shall take or catch any such fish accidentally, and return the same immediately to the water without injury, such person shall not be liable to the penalty aforesaid; 5 & 6 Vic., c. 106, s. 74.

30. Nothing shall apply to any person who shall catch or have in his possession salmon or trout for the purpose of artificial propagation, or other scientific purposes; 26 & 27 Vic., c. 114, s. 22.

31. No unclean or unseasonable salmon, and no salmon caught during the time at which the sale of salmon is prohibited in the district where it is caught shall be exported or entered for exportation from any part of the United Kingdom to parts beyond the seas. Penalty, forfeiture of salmon, and five pounds for each salmon; and the burden of proving that any salmon entered for exportation from any part of the United Kingdom to parts beyond seas between the 3rd September and 30th April following, is not so entered in contravention of Act, shall lie on the person entering same; 26 Vic., c. 10, s. 3; and 34 Vic., c. 33.

NOTE.- No power to seize foul, black, or unclean fish during the open season.

32. Means provided for the Enforcement of Fishery Acts. ----Certain powers of water bailiffs now extended to the Constabulary by 7 & 8 Vic., c. 108, s. 1.

33. Justices may grant warrant upon information on oath to enter, by day or night, enclosed garden, dwelling-house, or curtilage thereof, to detect offence-warrant to continue in force for one week only; 5 & 6 Vic., c. 106, s. 85.

34. Offenders may be apprehended who refuse to tell their names, or who continue the offence, but may not be

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detained over 12 hours before they be brought before a Justice of the Peace; 5 & 6 Vic., c. 106, s. 87.

35. Persons using violence or menace to prevent lawful prosecution of any fishery may be apprehended; 5 & 6 Vic., c. 106, s. 88.

36. Penalty on assaulting persons empowered to enforce the provisions of the Act; 5 & 6 Vic., c. 106, s. 90.

37. Offences against Acts may be tried, and penalties &c., levied under the "Petty Sessions (Ireland) Act, 1851.” Extension of jurisdiction of magistrates to offences committed at sea; disposal of illegal nets or legal nets used illegally; evidence; witnesses; offences on mearing rivers; limitation of prosecution to six months from time of commission; 5 & 6 Vic, c. 106, secs. 94-110.

38. Definition of terms used in Act; 13 & 14 Vic., c. 88, s. 1. 39. Application of Penalties.-One-third of every sum of money levied as a fine, penalty, or forfeiture, shall be paid to the person who shall be the means of bringing to justice any person committing any offence against any of the provisions of Acts, and the remainder shall be paid to the Board of Conservators of the district in which the offence was committed, or their authorized officer; 32 & 33 Vic., c. 92.

40. Summons.-To be served personally, or left at or on board the vessel, or posted on the known residence of the person for whom intended; for witnesses to be served personally; 5 & 6 Vic, c. 106, s. 94.

41. Illegal nets or engines, or nets or engines of a legal form and size used illegally, may be retained until the next sitting of the petty sessions court, or any adjournment thereof, in the district where the same may be seized, when they are to be brought before the magistrates, to be disposed of, or destroyed, as the case may be, as directed by section 103 of the 5th & 6th Vic., c. 106.

For POLLEN FISHERIES (IRELAND) ACT, 1891, see page 461. Forcible Entry and Detainer.-Everyone commits the misdemeanour called a forcible entry who, in order to take possession thereof, enters upon any lands or tenements in a violent manner, whether such violence consists in actual force applied to any other person, or in threats, or in breaking open any house, or in collecting together an unusual number of persons for the purpose of making such entry. It is immaterial whether the person making such an entry had or had not a right to enter, provided that a person who enters upon land or tenements of his own, but

which are in the custody of his servant or bailiff, does not commit the offence of forcible entry. Everyone commits the misdemeanour called a forcible detainer who, having wrongfully entered upon any lands or tenements, detains such lands and tenements in a manner which would render an entry upon them for the purpose of taking possession forcible. (Stephens Digest of C. L.)

Foreign Enlistment Act, 1870, 33 & 34 Vic., c. 90.— This Act is to regulate the conduct of Her Majesty's subjects during hostilities between foreign States with which Her Majesty is at peace. S. 4. Enlistment without license by British subjects, or inducement by others of British subjects in Her Majesty's dominions to enlist in foreign service, M. S. 5. Leaving without license Her Majesty's dominions with intent to serve a foreign State, M. S. 6. Inducing any person to quit Her Majesty's dominions under false representations as to service, M. S. 7. Taking illegally enlisted persons on board ship, M. S. 8. Prohibits illegal ship-building and illegal expeditions, M. S. 10. Aiding the warlike equipment of foreign ships, M. S. 11. Fitting out naval or military expeditions without license, M.

Forgery. At common law the offence of forgery is a misdemeanour. It is defined as 66 the fraudulent making or alteration of a writing, to the prejudice of another man's right."

Forgery may be committed :-(1) By making a document to purport to be what in fact it is not. (2) | By altering a document without authority in such a manner as to alter its effect. (3) By introducing into a document without authority, whilst it is being drawn up, matter altering the effect of the document. (4) By signing a document in the name of any person without his authority. (5) By signing a document in the name of any fictitious person.

By statutes certain forgeries have been made felonies. The 24 & 25 Vic., c. 98, is the principal statute providing for this offence. S. 1. Forging or counterfeiting, or uttering knowingly, Her Majesty's seals or sign manual, the Great Seal or Privy Seal of Ireland, or uttering any document having the stamp or impression of such forged or counterfeited seal, F. S. 2. Forging, altering, or uttering

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