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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 on 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 innkeeper 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.
An Act for the Protection of Freshwater Fish.
[8th August 1878.]
1. This Act may be cited as the Freshwater Fisheries Act, 1878.
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.
c. 109. ss. 8,
5. Sections eight and nine 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 241825 Vict. 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.
c. 121. s. 64.
6. The provisions of the Salmon Fishery Acts, 1865 and 1873, Formation and dissolution of which relate to the formation, alteration, combination, and dissolufishery distion 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
36 & 37 Vict. of the Salmon Fishery Act, 1873, shall mean any river frequented by salmon, trout, or char.
Provisions as to licences.
7. In any fishery district subject to a board of conservators, the 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 district, 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."
36 & 37 Vict. c. 71.
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 exclusively 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 Fishery Act, 1873.
8. The provisions of the thirty-first section of the Salmon Fishery 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 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.
36 & 37 Vict. c. 71.
9. The provisions of the thirty-fourth section of the Salmon Fishery Act, 1861, which empower any justice of the peace upon information on oath to authorise the search of any premises, shall 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 empower a board of conservators to alter the period during which it shall be illegal to take or kill trout in any fishery district, shall 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.
11. (1.) In this section the term "freshwater fish" includes all
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:
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;
(b.) 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 forfeiture 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 c. 121. Secretary of State, exempt the whole or any part of their 36 & 37 Viet. district from the operation of the first, second, and third c. 71. sub-sections of this section. The exemption shall be adver- c. 19. tised in such manner as the Secretary of State shall direct:
39 & 40 Vict.
(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 Viet. 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 Viet. tion of fish in a public fishery, shall apply to the use of any such c. 65. to prisubstance for the catching or destruction of fish in any water, whether public or private, within the limits of this Act.
c. 33. as to
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 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 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.
June and July
37 & 38 Vict. c. 47.
An Act to remove doubts with respect to the application
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.
40 & 41 Vict.
29 & 30 Vict.
35 & 36 Vict.
2. The expression "prison authority," where used in the Act of 1874, shall be deemed to include county prison boards in Scotland as such boards existed previous to the passing of the Prisons (Scotland) Act, 1877; and any moneys borrowed or contracted to be borrowed before the passing of this Act by the county prison board of any county in Scotland for the purpose of contributing towards the expense of altering, enlarging, rebuilding, establishing, building, or purchasing the site of any industrial or reformatory 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 of State, which approval may be given after the passing of this Act on the application of the Commissioners of Supply of such county, be deemed to be moneys borrowed or contracted to be borrowed 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.
29 & 30 Vict.
35 & 36 Vict. 37 & 38 Viet.
An Act to enable Returning Officers at Parliamentary
THEREAS it is expedient to amend the law relating to the 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,
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 35 & 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 require deposit become payable under the provisions of any Act of Parliament in or security. a. 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 hours appointed for the election the
(2.) Within one hour after the end of the two hours aforesaid,
(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 municipal 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.
c. 33. s. 14.
5. Nothing in this Act shall apply to an election for any uni- Saving of the versity or combination of 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,