said fishermen or other persons so offending as aforesaid, as he possesses by any law now in force, or shall under this act possess in case the said offence had been committed upon land.

Sec. 97. [How penalties are to be levied.] That all penalties directed to be enforced against any person shall be levied by the same persons and in the same manner as all fines and penalties may by law be levied, or by the officers and men of the coast guard service (h).

Sec. 98. [Form of conviction.] The justice before whom any person shall be convicted shall cause the conviction to be drawn up in the following form of words (i), or in any other form of words to the same effect; (that is to say,)

Be it remembered, That on the

at

day of

in the county of

in the year of our Lord [or city, town, or place as the case may be,] A. O. is, upon the complaint of G. H., convicted before me J. P., one of her Majesty's justices [or before us C. D. and E. F. justices] of the peace for the said county of in pursuance of an act made in the fifth and sixth years of the reign of her Majesty Queen Victoria, intituled an Act to regulate the Irish fisheries, for that the said A. O. [here state the offence, and the time and place when and where the same was committed], and I [or we] do hereby adjudge him to pay and forfeit for the said offence the of lawful money of Great Britain, together with the further for costs of suit and prosecution of the said G. H.; [and in case any nets or other engines are to be forfeited,] I [or we] do hereby further adjudge that the nets or other engines, &c. [describing the same], be and the same are hereby forfeited. Given under my hand and seal [or our hands and seals, as the case may be,] at in the county of the day and year above written.

sum of sum of

Which said conviction and adjudication shall be good and valid in law to all intents and purposes, and shall not be quashed, set aside, or adjudged void or insufficient for want of form only, and shall not be liable to be removed by certiorari (j) or otherwise into her Majesty's Court of Q. B., or any other of H. M.'s courts of record at Dublin, but shall be deemed and taken to be final to all intents and purposes whatsoever, unless the same shall be reversed on appeal as herein-after provided: Provided always, that no person shall be convicted of any offence committed against the provisions of this act unless the prosecution for the same shall be commenced within six calendar months from the time of the commission of such offence.

Sec. 99. Provides for appeal from convictions to quarter ses

(h) See 14 & 15 Vic. c. 93, s. 25, 26, ante, p. 354, 355.

(i) The form given in the government order book may be used in the place of this conviction, ante, p. 149, 150.

(j) The writ of certiorari lies in all cases, notwithstanding these words, where the J.P. acts without jurisdiction or exceeds it. See ante, p. 217, 218.

sions; but as the fishery laws all come within the provisions of the Petty Sessions Act, proceedings upon appeal must be taken under it; the right only exists when given by the 24th sec. of 14 & 15 Vic. c. 93.

Sec. 100 provides a form of dismissal, and gives a power of appeal. The dismissal may be entered in the usual way in the petty sessions book; but as no appeal is given by the Petty Sessions Act from a dismiss, it cannot now be taken.

Sec. 103. [Illegal nets shall be brought before magistrates at petty sessions, and destroyed.] In case any officer or person hereby authorized and empowered to seize illegal nets or engines, or nets or engines of a legal form and size when used contrary to the provisions of this act, or any of the bye-laws to be made in pursuance hereof, shall seize the same, it shall and may be lawful for him to retain the same in his custody until the next sitting of the petty sessions court, or any adjournment thereof, in the district where the same shall be seized, and at such petty sessions court it shall and may be lawful for the justices to order and direct the same to be forfeited; and in case the same shall be such as cannot be legally used under the provisions of this act, to order the same to be destroyed, and in case the same shall be such as may be legally used according to the provisions of this act, that then and in such case it shall be lawful for such justices to order the same to be sold, and the money arising therefrom to be applied in the same manner as the penalties thereby imposed for violation of the provisions of this act are hereby directed to be applied (k).

Sec. 105. Penalty on witnesses refusing to give evidence; see 14 & 15 Vic. c. 93, s. 13, ante, p. 334, 81.

Sec. 106. Offences on mearing rivers may be tried in either county; see 13 & 14 Vic. c. 88, s. 47, post.

Sec. 107. [Return of convictions shall be made to the commissioners.] A return shall be made once in every three months to the said commissioners from every petty sessions or other court in Ireland where any offender shall be prosecuted and convicted under the provisions of this act by the clerk thereof, and such return or report shall contain the name of every person who shall be so convicted of any offence against the provisions of this act, together with the nature of the offence, and the punishment inflicted, and the amount of the fine imposed and levied upon every such person so convicted as aforesaid; and any such clerk neglecting or omitting to furnish such return shall forfeit not exceeding £5.

(k) The proceeds must now be applied as pointed out by 21 & 22 Vic.

c. 100, ante, p. 314, also ante, p. 510, for disposition of penalties.

Sec. 108. [Persons punished under this act not liable any other way.] Where any offender shall be punished for any offence by virtue of this act, such offender shall not again be prosecuted nor incur any penalty by virtue of any other law or statute now in force, or be liable to any other punishment for the same offence.

Sec. 109. Application of penalties; see ante, p. 510, and 21 & 22 Vic. c. 100, s. 28, p. 314.

Sec. 111. Commissioners empowered to hold general meetings, summon witnesses, and examine upon oath; and if witnesses neglect or refuse to give evidence, they are liable to the same penalties as witnesses refusing to give evidence before a J. P.; see s. 105, ante, p. 540.

Sec. 112. Commissioners to report annually.

Secs. 113 & 114 define the terms in this act, and give the definition of a "several fishery," but both these sections are re pealed by 13 & 14 Vic. c. 88, s. 1, and others substituted in lieu thereof; therefore in a conviction for fishing in a several fishery under the 11 & 12 Vic. c. 92, s. 41, this statute should not be referred to, as it no longer defines a several fishery. Schedule to which the foregoing act refers :-.

SCHEDULE (A.)

Form of warrant for a water bailiff.

[name the [name the [name

I, A. B. [or We, A. B. and C. D., as the case may be], of place or places of residence], do hereby appoint D. E. of place of his residence] a water bailiff, to protect the fishery of the fishery, river, or sea coast, as the case may be], pursuant to the act of Victoria, chapter

and the said D. E. of

intituled "An Act to regulate the Irish Fisheries ;" [name the place of his residence] is hereby autho

rized to do all lawful acts as such water bailiff, according to the provisions of the said act.

To all whom it may concern. We, the undersigned magistrates, assembled in petty sessions, do hereby approve of the above appointment. In witness whereof we hereunto subscribe our names.

amends 5 & 6 Vic. c. 106, and empowers the constabulary force to enforce certain provisions respecting the Irish fisheries. By sec. 1 the constabulary force are empowered to carry into effect the regulations of the Fishery Act and of this act, and to have the same powers as water bailiffs.

Sec. 3. Inspector of fisheries empowered to receive evidence to enable commissioners to alter the close seasons in any river or district.

Sec. 4. [Commissioners empowered to alter close season on shorter notice than by 5 & 6 Vic. c. 106, directed.] It shall be lawful for the said commissioners to alter the close time for the fishery in any particular locality, and that such other period as shall be fixed upon by the said commissioners as the close time for any fishery in any locality shall be kept and observed in such locality in lieu thereof, and to alter the period within which it shall not be lawful to hang any coghill or other nets in the gaps, eyes, or sluices of eel or other weirs, or make use of fixed engines for taking eels, upon calling a meeting of persons possessed of or interested in any such fishery, giving notice of the day and place appointed for such meeting, not less than 14 days from the date of such notice, by printed handbills and advertisement twice at least in some newspaper published and circulated in the county or several counties within which or on the coast whereof such fishery is in whole or in part situated, anything in the 5 & 6 Vic., c. 106, s. 33, to the contrary.

Sec. 5. [Power to commissioners to suspend, for a fixed period, the oyster fishery in any particular locality.] It shall be lawful for the said commissioners, upon the application of any person interested in any oyster fishery in any particular locality, to call a meeting of the persons possessed of or interested in such oyster fishery, after giving notice of such meeting in the manner by the said last-recited act directed with respect to changing the periods within which it shall not be lawful to fish in fisheries in particular localities, to fix and appoint a period, not exceeding the term of three years, within which it shall not be lawful to dredge for, take, catch, or destroy any oyster or oyster brood in such locality (1).

Sec. 6. Such decision to be published.

Sec. 7. [Use of seine net lawful for herrings.] It shall be lawful to and for all persons to use seine nets for the catching of herrings, save and except in such places and at such times as shall or may hereafter be forbidden by any bye law, rule, or regulation to be hereafter made by the said commissioners (m).

Sec. 8. [When the commissioners have defined the mouth of any river, a copy of such definition to be deposited with the clerk of the peace.] And whereas by 5 & 6 Vic. c. 106, s. 22, the commissioners are empowered to define the mouths of rivers for the

(7) See ante, 5 & 6 Vic. c. 106, s. 32, p. 518.

(m) See 5 & 6 Vic. c. 106, s. 7 ; also 8 & 9 Vic. c. 108, s. 15.

purposes therein-mentioned: be it therefore enacted, that when the said commissioners shall and may from time to time define the mouth or entrance of any river, under the provisions of the said act, a copy of the definition to be so made shall be deposited with the clerk or clerks of the peace for the county or counties in which the mouth or entrance of such river so defined shall be situated; and in all cases when it shall hereafter become necessary to prove such definition in any court of law or justice or elsewhere, a copy, obtained from the office of any clerk of the peace with whom the same may be lodged, and certified by him to be a true copy thereof, shall be received and taken as full and sufficient evidence of the existence of such definition (n).

8 & 9 VIC. c. 108,

further amends the 5 & 6 Vic. c. 106 and 7 & 8 Vic. c. 108. Sec. 2. [The use of illegal weirs and nets.] If any person shall, after the 20th day of August, 1845, fish with or use any stake weir, stake net, bag net, fixed net, or any contrivance for placing or erecting any net or engines, which under the provisions of 5 & 6 Vic. c. 106, are prohibited to be placed or erected in any part of any estuary or the mouth or tidal part of any river where the breadth of the channel at low water of spring tides is less than three quarters of a mile statute measure, or which are prohibited to be placed or erected within the space of one statute mile seaward, coastwards, or inwards from or on either side of the mouth or entrance of any river into the sea, the inland portion of which river is frequented by salmon, and the breadth of which mouth, as now or hereafter to be defined by the said commissioners, is less than half-a-mile statute measure at low water of spring tides, any person so offending shall be subject and liable to such and the same penalty and penalties as by said first-mentioned act the person or persons erecting or placing such weirs, nets, or contrivance for placing or erecting nets, are subject and liable to; and upon proof that any such weir, net, or contrivance has been so used or fished, it shall be lawful for the justices at petty sessions, or other the persons having jurisdiction to enforce the provisions of the said recited acts or this act, to direct the same to be forfeited and removed, and the materials thereof to be disposed of (0).

Scc. 3. Commissioners empowered to suspend the use of and remove illegal weirs and nets in places prohibited.

(n) See 8 & 9 Vic. c. 108, s. 9; 13 & 14 Vic. c. 88, s. 21.

(0) For penalties see 13 & 14 Vic. c. 88, s. 16, post.