218 THE FISHERY LA WS. 



mill-dam, and was lawfully in use, under a grant or 

 otherwise, before I86I. 1 



The penalties are fines which may go up to 5 for 

 each offence, and i besides for every salmon caught ; 

 and both the fish and the traps and tackle used in 

 catching them are to be forfeited. f For a second offence 

 against any of the provisions of the Acts half the full 

 penalty must be imposed, and for a third offence the 

 whole ; except where the full penalty exceeds 5, in 

 which cases $os. is allowed to stand as the minimum 

 penalty for a second offence, and 5 for a third. 2 



If a fishing weir extends more than half-way across 

 the stream at its lowest state of water, 3 it must have 

 a free gap for the passage of fish in the deepest part 

 of the weir stream, as deep as the natural bed, and one- 

 tenth part as wide as the stream, within the limits of three 

 feet, the least width allowed, and forty, the greatest that 

 can be required in any case. A fishing mill-dam, 4 of 

 whatever size, must have a fish pass of a pattern approved 

 by the Home Office (the authority in which the general 

 superintendence of the Salmon Fisheries is vested) 5 with 



exclusive purpose of catching or facilitating the catching of fish," 

 Salmon Fishery Act, 1873, s. 4. Salmon includes "all migratory fish 

 of the genus Salmon," by whatever local name known. A long list 

 of such names is given, 1861, s. 4. In following notes the Acts will 

 be cited, as now, by their dates alone. 



1 The terms of the Act (1861, s. 12) are narrower, but have been 

 interpreted to include any form of lawful title. 



2 1865, s. 57, as varied by 1873, s. 18, sub-s. 5. 



8 1 86 1, s. 12, as held in Rolle v. Whyte, L. R. 3 Q. B. 286, to 

 be limited by s. 27. 



4 1861, s. 12. "Such pass shall not be larger nor deeper than 

 requisite for the above purposes ; " I suppose this means " need not." 



6 1 86 1, s. 31. In this Act (but not in the later ones) the term 

 " Home Office " is used, through the machinery of a definition clause, 



