TWEED FISHERIES ACT. 291 



the instance of any one or more of the commissioners and 

 overseers appointed by or in virtue of this act, or at the in- 

 stance of their clerk or clerks for the time being ; and in 

 recovering the several penalties imposed by this act or any 

 other act for the preservation of the salmon fisheries in 

 Scotland, it shall be lawful for the sheriff, or Stewart depute 

 or substitute, or justice or justices, before whom any complaint 

 for the recovery thereof may be brought, to proceed in a sum- 

 mary way, and to grant warrant for bringing the parties com- 

 plained of immediately before him or them, or for citing the 

 party or parties complained of to appear before him or them 

 upon previous notice or inducia? of not less than six free days, 

 served upon such party or parties, or left for him, her, or 

 them, at his, her, or their last known usual place or places of 

 abode, as such magistrate or magistrates shall see fit ; and in 

 either case, on proof on oath by one or more credible witness 

 or witnesses, or confession of the offence, or upon other legal 

 evidence, or by the party or parties accused failing to appear 

 before such magistrate or magistrates on the case being 

 called, after such previous notice of not less than six free 

 days has been served upon or left for the party or parties 

 accused in manner aforesaid, he, she, or they shall be held as 

 confessed, and thereupon such magistrate or magistrates 

 shall proceed forthwith to determine and give judgment in 

 such complaint ; and in case any person, who shall be 

 convicted of any offence or offences against this act, shall not 

 immediately upon such conviction pay down the penalty or 

 penalties, with such costs of suit or prosecution in which he, 

 she, or they shall have been so convicted, or as shall have 

 been awarded, into the hands of the magistrate or magistrates 

 as aforesaid by and before whom he, she, or they shall have 

 been so convicted, or to some other person by them or any of 

 them authorized to receive the same, in order that the same 

 may be disposed of according to the directions of this act, it 

 shall be lawful for any such magistrate or magistrates as 

 aforesaid, to order any constable or other peace officer to 

 take the charge of and keep in custody any such person so 



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