642 REPORT OF COMMISSIONER OF FISH A.ND FISHERIES. 



observing the weekly season of protection, for using poles, weirs, pole- 

 nets, fly-nets, and sack-nets. Persons violating any of these regulations 

 are punished with a general fine, not to exceed $50 for every net used, 

 and a special fine, not to exceed $10 for every salmon caught, during 

 the weekly season of protection. 



"Every constable, overseer, or officer of the district-board, as well as 

 every police-officer, has the right to examine every boat, net, and other 

 fishing-apparatus in the water, or to have them brought on shore, and to 

 confiscate any salmon which have been caught contrary to law or which 

 are found in the possession of non-privileged persons. For the right to 

 fish in waters beyond the district, a written order from the sheriff or 

 justice of the peace is required, which must be issued on the oath of some 

 police-officer of the district that the person desiring such order is not in 

 any way a suspicious person. 



"Any person can, even without a special order, take up any violator of 

 the above regulations, and take him before a sheriff* or justice of the 

 peace or any other magistrate, or have him taken there by a constable. 

 He is then to be heard immediately, and according to the circumstances 

 of the case, or, in default of bail, be kept in confinement till the next 

 meeting of the court. 



"All violators of the ordinance can be prosecuted before any sheriff, 

 or before two or more judges who have the jurisdiction in the place 

 where the law was violated, even if the clerk of the district court or any 

 other person possessing the right should interfere; and the fines men- 

 tioned in the act can be imposed by such courts. The act prescribes a 

 special summary procedure for such cases. 



" Conviction in any case of violating the aforesaid act also involves 

 the loss of all boats, nets, lines, hooks, spears, lances, or other imple- 

 ments used, as well as of all the salmon found in the possession of the 

 transgressor. The objects which have been confiscated are either to be 

 destroyed or handed to the district-board or to any person who acts as 

 plaintiff in the case. 



" If a person is convicted of two violations of the law at one and the 

 same time, the fine must not be less than one-half of the highest amount 

 for each violation .; and, if convicted a third time, not below the highest 

 amount fixed by law. 



" No justice of the peace should be considered incompetent because 

 he is a member of a district-board. No judge, however, shall preside in 

 a case of violation of law committed in his own waters. 



" If a law has been violated on some water forming the boundary-line 

 between two counties, the case may be prosecuted iu either county. 

 If the law has been violated on the sea-coast or on the sea beyond the 

 jurisdiction of a sheriff or justice of the peace, it is to be considered as 

 if committed within the limits of some county bordering on the coast. 



"All fines imposed by this act, and costs, can be assessed on a com- 

 mon complaint' or before the debtors' court. The- clerk of the district- 



