THE LAW AS TO SALMON-FISHING 261 



ever, will be guilty of an offence under this Act if he 

 proves that he has taken the best means to render 

 the refuse or sewage harmless. 



LEGAL PROCEDURE 



The legal procedure with regard to the prosecution 

 of offences against the Salmon Fishery Acts is almost 

 identical in England, Scotland, and Ireland. Pro- 

 ceedings are taken in England before two Justices at 

 Petty Sessions ; in Scotland, before a Sheriff or two 

 Justices ; in Ireland, before one or more Justices. 

 In England and Ireland there is an appeal to Quarter 

 Sessions ; in Scotland to the next Circuit Court, or, 

 where no Circuit Court exists, to the Court of 

 Justiciary in Edinburgh. No Justice is disqualified 

 from hearing a case by reason of his being a con- 

 servator or member of a district board, provided he 

 deals with no case arising out of an offence committed 

 upon his own fishing. A bond fide claim of right 

 ousts the jurisdiction of Justices. Proceedings are 

 to be taken within six months of the alleged offence 

 having been committed. Offences committed upon 

 the sea-coast, or at sea beyond the ordinary jurisdic- 

 tion of any Justice, may be tried by a Justice having 

 jurisdiction on the land abutting on the sea-coast, 

 and offences committed upon water forming the 



