428 THE SALMON RIVERS OF SCOTLAND 



expenses of a special kind as may not be conveniently covered by 

 the assessment, power is given to borrow money to the extent of 

 two years' assessments. 



Penalties for offences are considerably fuller in the 1868 than in 

 the 1862 Act, and cover offences against the close time, in respect of 

 using lights or roe in the capture of salmon, destroying the young 

 of salmon, taking kelts or unclean fish, etc. Being statutory bodies, 

 District Boards have, however, no power to sue an action at common 

 law. 1 



Scheduled at the end of 1868 are seven bye-laws : 



A gives the limits of districts and the division between upper 



and lower proprietors. 

 B gives the limits of estuaries. 



C gives the annual close times for net-fishing and for rod- 

 fishing. These have in several instances been varied by 

 order of the Secretary for Scotland after petition from 

 District Boards. An official list is published each year 

 as an appendix to Part ii. of the Annual Report of the 

 Fishery Board for Scotland. 



D gives the general regulations with respect to the due 

 observance of the weekly close time, i.e. the manner in 

 which fixed nets are to be put out of fishing order. 

 E gives the regulations as to proper mesh of salmon nets, viz. 

 one and three-quarter inches from knot to knot, measured 

 on each side of the square, or seven inches round each 

 mesh when wet ; and against the using of nets in an 

 improper manner. 

 F gives the regulations with respect to the construction and use 



of cruives. 

 G gives regulations as to dams, sluices, mill-lades, bye- washes, 



hecks or gratings at mill-lades, and finally fish-passes. 

 The two first are practically incapable of further operation, having 

 been completed by the original Administrative Commissioners. 



A point of importance to notice in connection with any action 

 respecting the enforcing of any of these bye-laws is that action must 

 be at the instance of a clerk to a District Board, and such clerk 

 alone. The Acts of 1862 and 1868 are taken together as one Act, and 

 Section 29 of the former reads : " In the event of any person 

 refusing or neglecting to obey any bye-law made by the Commis- 

 sioners, or any regulation made by the District Board, the clerk 

 1 Tay District Fishery Board v. Robertson, 1887, 15 R. 40. 



