Salmon Fisheries (Scotland) Act 1868



Salmon Fisheries (Scotland) Act, 1868

(31 & 32 Vict.) C A P. CXXIII.

An Act to amend the Law relating to Salmon Fisheries inScotland .

[31st July 1868]

W HEREAS an Act was passed in the Twenty-fifth and Twenty-sixth Years of Her present Majesty, Chapter Ninety-seven, intituled An Actto regulate and amend the Law respecting the Salmon Fisheries of Scotland; and another Act was passed in the Twenty-sixth and Twenty-seventh Years of Her present Majesty, Chapter Fifty, intituled An Actto continue the Powers of the Commissioners under the Salmon Fisheries (Scotland) Act until the First Day of January One thousand eight hundred and sixty-five, and to amend the said Act ; and another Act was passed in the Twenty-seventh and Twenty-eighth Years of Her present Majesty, Chapter One hundred and eighteen, intituled An Actto amend the Acts relating to Salmon Fisheries in Scotland; and it is expedient that the recited Acts should be amended, and further Provision made with respect to Salmon Fisheries in Scotland :

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:

S-1 Short Title.

1 Short Title.

1. This Act may be cited for all Purposes as ‘TheSalmon Fisheries (Scotland ) Act, 1868.’

S-2 Recited Acts and this Act to be as One.

2 Recited Acts and this Act to be as One.

2. The recited Acts and this Act shall be read and construed together as One Act.

S-3 Appointment of District Board where none exists at thepassing of this Act.

3 Appointment of District Board where none exists at thepassing of this Act.

3. Where in any District a District Board has not been constituted before the passing of this Act, it shall be lawful for any Two Proprietors of Salmon Fishings in the District, whether there be at the present Time Salmon in the Waters of the District or not, to present a Petition to the Sheriff praying that a District Board may be constituted, and the Sheriff shall thereupon direct the Sheriff Clerk to make up a Roll of the Upper Proprietors and a Roll of the Lower Proprietors in the District, and the Sheriff shall thereafter direct the Sheriff Clerk to call a Meeting of the Upper Proprietors, and also a Meeting of the Lower Proprietors, at such Time and Place as he shall direct, and Notice of such Meeting shall be given by Advertisement inserted once at least in Two successive Weeks in a Newspaper printed or circulating in the County or Counties in which the District is situated, and at the same Time with the said Notice the Sheriff shall direct the Sheriff's Clerk also to intimate the Time and Place at which the First Meeting of the Board shall be held after its Election; and the Upper Proprietors and Lower Proprietors present at such separate Meetings respectively shall elect Members of the District Board in the Manner provided in the first-recited Act; and the First Meeting of the said District Board shall be held at the Time appointed by the Sheriff as aforesaid, unless the Upper Proprietors and the Lower Proprietors agree together to appoint another Time and Place for the First Meeting.

S-4 Roll of Proprietors to be made up.

4 Roll of Proprietors to be made up.

4. The Clerk of each District Board, constituted under the recited Acts or this Act, shall make up and keep Rolls of the Upper and Lower Proprietors in the District, and correct the same from Time to Time whenever a new Valuation Roll comes into force; and at any Meeting of the District Board it shall be lawful for any Person whose Name has been erroneously struck out or omitted from the said Roll to apply to the District Board to have his Name entered therein, or for any Person whose Name is on the Roll for the District to object to the Name of any other Person being entered or remaining on the said Roll on the Ground that he does not appear on the Valuation Roll to be qualified, or that he does not possess the requisite Frontage to the River; and if it shall be proved to the Satisfaction of the Board that such Claim or such Objection is well founded, the Board shall direct their Clerk to enter or strike out the Name accordingly, as shall appear to them just; and if any Person shall be dissatisfied with the Decision of the Board, he may appeal by summary Petition to the Sheriff of the County within which the Subjects affording his Qualification, or the greater Part thereof, are situated; and the Sheriff's Decision shall be final, but in such Appeal the Jurisdiction of the Sheriff shall not extend to Questions of Heritable Right.

S-5 Provisions for Valuation of Fisheries.

5 Provisions for Valuation of Fisheries.

5. Where any Fishery is not entered in the Valuation Roll, or where any Fishery is entered in the Valuation Roll along with and as a Part of other Subjects, the County Assessor shall, on being required by the Clerk to the District Board, value and enter such Fishery in the Valuation Roll separately from other Subjects; and where any Fishery or Rod Fishing when let in the Sea happens to be situate in Two separate Districts, the County Assessor shall, on being required by the Clerk of either District, value and enter separately in the Valuation Roll the annual Value of such Fishery situate in the respective Districts.

S-6 Vacancies or Defect in Qualification not to vitiateProceedings of Board.

6 Vacancies or Defect in Qualification not to vitiateProceedings of Board.

6. No Act or Proceeding of a District Board shall be questioned on account of any Vacancy or Vacancies in their Body, and no Defect in the Qualification or Appointment of any Person or Persons acting as a Member or Members of such Board shall be deemed to vitiate any Proceedings of such Board in which he or they have taken part.

S-7 Evidence of Proceedings at Meetings.

7 Evidence of Proceedings at Meetings.

7. The Minutes of the Proceedings of every Meeting of a District Board shall be signed by the Chairman; and any Minute of Proceedings of any Meeting of such Board, signed by the Chairman of that Meeting, shall be receivable in Evidence in all legal Proceedings without further Proof; and, until the contrary is proved, every Meeting of the Board in respect of which Minutes have been so made and signed shall be deemed to have been duly convened and held, and all the Members thereof to have been duly qualified. On Requisition in Writing by any Two Members of a District Board, the Chairman shall be bound to convene a Meeting of the Board within a Fortnight of the Date of the Requisition, and the Clerk of the Board shall give Notice to each Member, by Circular, of the Date of said Meeting, and of the Business to be brought before it.

S-8 Mandatories may be appointed Members of District Board.

8 Mandatories may be appointed Members of District Board.

8. The Factor or Mandatory of any Proprietor of a Fishery (including the Factor or Mandatory of the Commissioners or Commissioner of Woods in charge of the Land Revenues of the Crown inScotland where Her Majesty is the Proprietor of a Fishery) shall be qualified to be and may be elected as a Member of any District Board, and shall have all the Powers and Privileges which the Proprietors by whom he is appointed could have had under the recited Acts or this Act; and any Member of any District Board appointed under the Powers of the recited Acts, or any of them, or this Act, may from Time to Time nominate and appoint, by Writing under his Hand, any Person as the Mandatory of such Member to attend, act, and vote at any Meeting of such District Board; and every such Nomination and Appointment shall subsist until recalled by the Member making the same.

S-9 Power of Secretary of State to alter Regulations.

9 Power of Secretary of State to alter Regulations.

9. Any District Board at any Meeting, of which due Notice has been given by Advertisement at least Ten Days previously in a Newspaper printed or circulated in the County or Counties in which the District is situated, may resolve to petition the Secretary of State to do any of the following Things:

(1) (1.) To vary the Annual Close Time in such District, provided that such Annual Close Time shall always be One hundred and sixty-eight Days:

(2) (2.) To vary the Weekly Close Time in such District, or in different Parts of such District, provided that the Weekly Close Time or such Weekly Close Times shall always be Thirty-six Hours;

(3) (3.) To alter the Regulations with respect to the Observance of Annual or Weekly Close Time in so far as they relate to such District:

(4) (4.) To alter the Regulations with respect to the Construction and Use of Cruives and Cruive Dykes or Weirs within such District, provided such Alterations do not injure the Supply of Water to any Person entitled to use any existing Cruive Dyke as a Dam Dyke.

And such Petition, authenticated by the Signature of the Chairman of the Board, shall be transmitted to the Secretary of State by the Clerk of the Board, after Notice thereof has been given by Advertisement once at least in each of Two successive Weeks in a Newspaper printed or circulating in the County or Counties in which the District is situated, and the Secretary of State may direct such Inquiry to be made, and such Notice thereof to be given...

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