of the Fishery Board for Scotla7id. 



65 



defences of the Earl of Fife and his tacksmen, suspended the charge 

 made against him and his tacksmen, and assoilzied them from the 

 penalties libelled, with expenses of process. 



^' 4. By ' Tlie Salmon Fisheries (Scotland) Act 1862 ' (25 k 26 Vict, 

 cap. 97, section 7), it is provided that ' the annual close time for everv 

 ' district shall continue for 168 days ; and the weekly close time, 



• except for rod and line, shall continue from the hours of six of tlie 

 ' clock on Saturday night till the hour of six of the clock on Monday 

 ' morning ; but the Commissi(mei's shall have power, on tlie applica- 

 ' tion of the District Boai'd oi* of any two pi-opiietors of fisheries in 

 ' any district, to vary the period at which the weekly close time shall 

 ' commence in any distiict or any pai-t thereof, in so far as they m^ly 

 ' think reasonable or expedient : Provided that such weekly close time 



• shall in no case be less than thirty-six hours.' 



" 5. By section 6, sub-section 6, of the said Act, it is provided that 



• The Commissioners shall have the povfers and perfoi'in the duties 

 ' Jiereinafter specified ; that is to say * * * To make general 



• l egulations with respect to the following matters, viz. : — 



* The due observance of the weekly close time ; the construction 

 " ' and use of cruives ; the construction and alteration of mill 



' dams or lades or water- wheels, so as to afford a reasonable 

 " ' means for the passage of salmon ; the meshes of nets (so that 



' they shall not intercept smolts or salmon fry) ; obstructions 

 " 'in rivers or estuaries to the passage of salmon ; 



• Provided that such regulations shall not interfere with any rights 

 ' held at the time of the passing of this Act under Royal Grant or 

 ' Charter or possessed for time immemorial.' 



- 6. By 'The Salmon Fisheries (Scotland) Act 1868' (31 32 Vict, 

 c. 123) it is enacted (section 10) that 'The bye-laws contained' in the 

 ' schedules (A), (B), (C), (D), (E), (F), and (G), to this Act annexed, 

 ' shall in all respects be held to have been duly made and published, 



• but only in so far as consistent with and authorised by the recited 

 ' Acts' (viz. the said Act, 25 efe 26 Yict. c. 97 ; 26 & 27 Vict. c. 50 : 

 and 27 28 Vict. c. 118), 'and to such extent shall be as valid and 

 ' binding as if the same had been expressly enacted in this Act.' 



" The sched\de F of the said Act is in the fol]o^ving terms, viz. : — 



'SCHEDULE] F. 

 " Bye-law. 



"25 k 26 Vict. c. 97; 26 k 27 Vict. c. 50 ; 27 & 28 Vict. c. 118 ; 

 " ' Acts to regulate and amend the law respecting the Salmon 

 "' ' Fishei'ies of Scotland. 



" ' We, the commissioners appointed under the said Acts, and 

 ' ' empowered thereby to make general r?gulations with re^i)ect to the 



