is appointed (h) the committee may appoint such fishery officers as Sect. 6 (1). they deem expedient for the purpose of enforcing the observance within their district of bye-laws made by the committee: Provided that nothing in this section shall exempt the coastguard and Admiralty officers from their statutory duty in enforcing the laws and regulations affecting vessels engaged in sea fishing. (2.) For the purpose of enforcing those bye-laws every such fishery officer may within the limits of the district, or of any adjoining sea fisheries district or district under the jurisdiction of salmon. conservators, or of a harbour authority, (a.) Stop and search any vessel or vehicle used within the district in fishing or in conveying either fish or any substance the (b.) Search and examine all instruments used in catching or (c.) Seize any sea fish or instrument liable to be forfeited in pursuance of any such bye-laws. (3.) If any person without reasonable excuse (proof whereof shall lie on him) refuses to allow any such officer to exercise the powers conferred upon him by this Act, or resists or obstructs any such officer in the performance of his duty, he shall for every such offence be liable on summary conviction to a fine not exceeding five pounds. (4.) For the enforcement of the provisions of any such bye-laws every such officer shall be deemed to be a constable, and to have the same powers and privileges and be subject to the same liabilities as a constable duly appointed has and is subject to in his constablewick at common law or by statute. (5.) A local fisheries committee may, with the consent of any board of salmon conservators, appoint as an officer of the committee any officer of the board; and a board of salmon conservators may, with the consent of a local fisheries committee, appoint as an officer of the board any officer of the committee. 7. It shall be lawful for any justice of the peace upon information Power to on oath that there is probable cause to suspect any breach of any enter suspected bye-law made under this Act to have been committed on any places. premises, or that any sea fish or instrument liable to be forfeited in pursuance of any such bye-law is concealed on any premises, by warrant under his hand and seal to authorize and empower any fishery officer appointed under this Act, or any police officer, to (h) Restrictions and conditions as to expenditure in connection with the appointment of a particular officer cannot be made after the officer has been appointed. Semble, that when a local fisheries committee has been appointed by more councils than one, it is open to any one of such councils to make restrictions or conditions as to expenditure under this section, without the assent of the other councils. R. v. Plymouth (Mayor, etc., of), [1896] 1 Q. B. 158 ; 65 L. J. Q. B. 258; 44 W. R. 620. Sect. 7. Returns by local fisheries committees. Annual meet sentatives of enter the premises for the purpose of detecting the offence or the concealed fish or instrument at such time or times in the day or night as in the warrant may be mentioned, and to seize any such fish or instruments which may be found on the premises: Provided that the warrant shall not continue in force for more than one week from the date thereof. 8. Every local fisheries committee shall collect such statistics relating to the sea fisheries within the district of the committee and make such returns to the Board of Trade as to the proceedings of the committee under this Act, and as to the sea fisheries aforesaid as the Board of Trade may reasonably require: Provided that any expenses which the local fisheries committee may be required by the Board of Trade to incur in the collection of statistics shall be borne by moneys to be provided by Parliament. 9. The Board of Trade shall convene a meeting composed of not ing of repre- less than one representative selected by each of the local fisheries committees at least once in each year, to confer with the heads of the Fishery Department of the Board of Trade, and for consultative purposes on matters relating to this Act. local committees. Expenses of committee. 10. The expenses of a local fisheries committee, so far as payable by a county council, shall, according as is provided by the order providing for the constitution of the local fisheries committee, be general or special expenses within the meaning of the Local Govern51 & 52 Vict. ment Act, 1888 (i), and if special expenses shall be charged in c. 41. Contents of order for constitution manner directed by the order, and the expenses of the committee, so far as payable by the council of a borough, shall be paid out of the borough rate or borough fund. 11. An order providing for the constitution of a local fisheries committee may contain such regulations consistent with this Act of committee. With respect to the number and mode of appointment of the members of the committee, and with respect to other matters relating to the constitution of the committee, as may seem expedient to the Board of Trade. Relations of 12. (1.) Where a proposed sea fisheries district will adjoin or local fisheries overlap the district of a board of salmon conservators, the Board of committees to Trade shall, by the order defining the limits of the sea fisheries under Salmon district, draw a line at or near the mouth of every river or stream conservators Acts and harbour authorities. flowing into the sea, or into any estuary within those limits, or at the option of the Board of Trade at or near the mouth of any estuary within those limits, and the sea fisheries district shall not extend into any such river, stream, or estuary above that line; but the order may provide that with respect to any such river, stream, or (i) As to general and special expenses of a county council, see s. 68 of the Local Government Act, 1888, ante, p. 130. As to contributions to expenses of salmon conservators under this Act, see note to s. 12 (1), infra. estuary, or any area subject to a bye-law made under section thirty- Sect. 12 (1). nine, sub-section eight, of the Salmon Fishery Act, 1873, the conservators shall have the powers of a local fisheries committee (k). (2.) Where an area is under the jurisdiction of salmon conservators, or of a harbour authority, and an application for the creation of a sea fisheries district comprising that area or any part thereof has not been made or has been refused, the Board of Trade may, if they think fit, by order, confer on the conservators or harbour authority the powers of a local fisheries committee with respect to that area, and may vary or rescind any such order if the area, or any part thereof, is subsequently comprised in a sea fisheries district. (3.) A local fisheries committee shall not have jurisdiction within any area for the time being subject to a bye-law made under section thirty-nine, sub-section eight, of the Salmon Fishery Act, 1873 (). (4.) Where salmon conservators or a harbour authority have the powers of a local fisheries committee in pursuance of this section, those powers shall be exercised subject to the same conditions as if exercised by a local fisheries committee, and the provisions of this Act shall apply in the case of bye-laws made or officers appointed in exercise of any such powers as if the byelaws were made or the officers appointed by a local fisheries committee. 13. Nothing in this Act shall authorize a local fisheries committee Saving for to make any bye-law (a) prejudicially affecting any right of several fishery, or any right on, to, or over any portion of the seashore, where any such right is enjoyed by any person under any local or special Act of Parliament, or any Royal charter, letters patent, prescription, or immemorial usage, without the consent of that person; or (b) affecting any bye-law made, or to be made, by a board of salmon conservators, and for the time being in force within the district of the committee, or restricting the power of a board of salmon conservators to make any such bye-law; or (c) affecting any power of a sanitary or other local authority to discharge sewage in pursuance of any power given by a general or local Act of Parliament, or by a Provisional Order confirmed by Parliament. (k) Under s. 39 (8) of the Salmon Fishery Act, 1873 (36 & 37 Vict. c. 71), a board of conservators may make bye-laws (subject to confirmation), “to prohibit the use of nets within a certain distance of the mouth of any river, and of the point of confluence of rivers in any part of the district (not being a several fishery), and to erect and fix posts, buoys, and landmarks to indicate such distances respectively." The 54 & 55 Vict. c. 37, s. 10, post, empowers a county or borough council to pay or contribute to any expenses incurred by salmon conservators under this Act. (1) See the preceding note. several fisheries, etc. Sect. 14. Definitions. Extent of Act. Repeal. Short title. 14. For the purposes of this Act The expression "county council" shall mean a county council The expression "sea fish" shall not include salmon as defined The expression "vessel" includes ship, boat, lighter, and craft The expression "person" includes any body of persons corporate or unincorporate. The expression "fishing interests" includes all persons interested in fisheries, either as owners of fisheries or interests therein, fishermen, fishing-boat owners, smack owners, fish curers, fish merchants, or otherwise, and any board of salmon conservators. The expression "salmon conservators" means conservators under the Salmon and Freshwater Fisheries Acts, 1861 to 1886, or any of them. The expression "harbour authority" means any body corporate, persons, or person being or claiming to be proprietors or proprietor of, or entrusted with the duty of improving, managing, maintaining, or regulating any harbour. 15. This Act shall not extend to Scotland or Ireland. 16. The Acts described in the schedule to this Act are hereby repealed, without prejudice to any order made or thing done under any such Act before the passing of this Act. 17. This Act may be cited as the Sea Fisheries Regulation Act, 1888. WEIGHTS AND MEASURES ACT, 1889. (52 & 53 VICT. CAP. 21) (m). An Act for amending the Law relating to Weights and Measures, and for other purposes connected therewith [26th July, 1889.] WHEREAS it is expedient to amend the Weights and Measures 41 & 42 Vict. Act, 1878 (herein-after referred to as the principal Act), and the law c. 49. relating to the sale of coal: 1.-(1.) Every weighing instrument used for trade (n) shall be Verification verified and stamped by an inspector of weights and measures with of weighing a stamp of verification under this Act. (2.) Every person who, after the expiration of twelve months from the commencement of this Act, uses, or has in his possession for use, for trade (n) any weighing instrument not stamped as required by this Act, shall be liable to a fine not exceeding two pounds, or in the case of a second offence five pounds. (3.) The power of making bye-laws conferred by section fifty-three of the principal Act shall extend to the making of bye-laws for giving effect to this section (o). (m) The county council is the local authority for the execution of the Acts relating to weights and measures in their county. Local Government Act, 1888, s. 3 (xiii.), and notes, ante, p. 12. This Act is an amendment of the principal Act, the Weights and Measures Act, 1878 (41 & 42 Vict. c. 49), and is to be construed as one with that Act; see s. 34, infra. The subject is also dealt with by three subsequent Acts, the 55 & 56 Vict. c. 18, which authorizes county and borough councils to purchase franchises of weights and measures, the 56 & 57 Vict. c. 19, which deals with the contributions of certain boroughs towards the expenses of executing the Weights and Measures Acts, and the 60 & 61 Vict. c. 46, which legalizes the use of weights and measures of the metric system. These Acts are set out post. (n) Trade is defined by s. 19 of the Weights and Measures Act, 1878, as follows:-"Every contract, bargain, sale, or dealing made or had in the United Kingdom for any work, goods, wares, or merchandise, or other thing which has been or is to be done, sold, delivered, carried, or agreed for by weight or measure, shall be deemed to be made and had according to one of the imperial weights or measures ascertained by this Act, or to some multiple or part thereof, and if not so made or had shall be void; and all tolls and duties charged or collected according to weight or measure shall be charged and collected according to one of the imperial weights or measures ascertained by this Act, or to some multiple or part thereof. Such contract, bargain, sale, dealing, and collection of tolls and duties as is in this section mentioned, is in this Act referred to under the term " 'trade.' A lead manufacturer and smelter had upon her works a beam scale used for the purpose of checking the weight of the produce of the works. Invoices bearing the weights so obtained were sent to the purchasers of the lead and the railway company who carried it. Held, that the scale was used for trade, and must be stamped under the provision in the text. Crick v. Theobald, 64 L. J. M. C. 216; 72 L. T. (N.s.), 807; 59 J. P. 502; 11 T. L. R. 445. And see the cases cited in the note to s. 3, infra. (0) Section 53 of the Weights and Measures Act, 1878, provides that a local authority, from time to time, with the approval of the Board of Trade, may instruments. |