230 THE FISHER Y LA WS. 



protection of freshwater fisheries (" An Act for Preservation 

 of Spawn and Fry of Fish," I Eliz. c. 17). It does not 

 appear that this Act, except as to salmon, has ever been 

 expressly repealed ; its provisions are wider than those of 

 the Freshwater Fisheries Act, 1878, but I am not aware 

 that they have been enforced in recent times. The Act of 

 1 86 1 repeals the Act of Elizabeth (originally a temporary 

 one) so far as relates to salmon, and then repeals without 

 qualification an Act of Charles I. which made it per- 

 petual. The legal effect of this is not very clear. 



4. As to local Authorities and Administration. 



The first of the modern Salmon Fisheries Acts, that of 

 1 86 1, left the enforcement of its provisions to the County 

 Sessions under the general direction of the Home Office. 

 This direction was to be exercised by two inspectors, for 

 whose appointment the Act gives authority. At present 

 the only inspector is Mr. Huxley, and it is not intended 

 to fill up the vacant place. By the same Act the justices 

 had power to appoint conservators, but no provision was 

 made either for expenses or for the co-operation of 

 the conservators of different counties traversed or washed 

 by the same salmon river. In consequence of these 

 grave omissions 1 the Act of 1865 provided for the creation 

 of Fishery Districts. The Home Office was empowered to 

 make a fishery district including the whole of any salmon 

 river, on an application from the justices of any of its 

 riparian counties. 2 The Home Secretary may alter fishery 

 districts 3 on the application of the conservators. In 1873 



1 1865, preamble. 2 1865, s. 4, &c. 



3 1873, s. 5, &c. A list of the fishery districts constituted in England 

 and Wales down to 1878, and of the variations of close times, &c., 

 adopted in many of them, may be seen in Oke's Handy Book of the 



