SYNOPSIS OF OFFENCES.

Statute.

FISH AND FISHERIES-continued.

V. OYSTER FISHERIES.

[MEM. Part III. of The Sea Fisheries Act, 1868, 31 32
Vict. c. 45, relating to Oyster Fisheries, in title "Oyster
and Mussel Fisheries," post.

VI. AS TO OTHER FISHERIES [see Note 157].

FRESHWATER FISH (Note 158).

Close season for freshwater fish.

"(1.) In this section the term "freshwater fish" includes all kinds of fish (other than pollan, trout, and char) which live in fresh water, except those kinds which migrate to or from the open

"(2.) The period between the 15th day of March and the 15th day of June, both inclusive, shall be a close season for freshwater fish." "(3.) If any person during the close season fishes for, catches, or attempts to catch or kill, any freshwater fish in any river, lake, tributary, stream or other water connected or communicating with such river, he shall, on summary conviction before two justices, be liable to a fine not exceeding 40s. (Note 160). Nothing in this sub-section is to apply to

(a.) The owner of any several or private fishery where trout, char or grayling are specially preserved, destroying within such fishery any freshwater fish other than grayling.

(6.) To any person angling in any several fishery, with the leave of the owner of such fishery, or in any public fishery under the jurisdiction of a board of conservators with the leave of the said board.

(c.) To any person taking freshwater fish for scientific purposes.

(d.) To any person taking freshwater fish for use as bait" (Note 161).

41 & 42 Vict. c. 39, s. 11 (Note 159).

designated ports of the other country], shall have oysters on board, they shall not carry any dredges or other implement for taking oysters." Article 35. "Whenever, owing to any of the exceptional circumstances specified in the three preceding articles, the fishing boats of either country shall be in the ports or within the fishery limits fixed for the other country, the masters of such boats shall immediately hoist a blue flag 2 feet (60 centimetres, French) high, and 3 feet (1 metre, French) long, and shall keep that flag flying at the masthead so long as they remain in such ports or within such limits. The flag shall be hauled down as soon as the boat is outside the said limits. Such boats must return outside the said limits as soon as the exceptional circumstances which obliged them to enter shall have ceased."

157 Acts as to other Fisheries.] The statutes as to the British white herring fisheries are materially amended by the 30 & 31 Vict. c. 52, which recites the earlier acts. As to sea fish, see 9 Geo. 2, c. 33; and 33 Geo. 2, c. 27 (except s. 13, which is repealed by 24 & 25 Vict. c. 109); 3 Burn's Jus. 29th ed. p. 71. The Billingsgate Market Act, 9 & 10 Vict. c. cccxlvi, repeals some of the provisions of 1 Geo. 1, st. 2, c. 18, and 33 Geo. 2, c. 27, and some of its sections have been repealed by 22 & 23 Vict. sess. 2, c. 29. As to certain rivers, there are numerous local and private acts, snd some of them are partially repealed by the Salmon Fishery Act, 1861, 24 & 25 Vict. c. 109,

8. 39, as respects salmon. The 1 Eliz. c. 17; 3 Burn's Jus. 29th ed. pp. 58, 59, contains a similar offence to Offence 4, supra, as respects other fish than salmon; and see a case thereon, Thomas v. Evans, 27 L. J. (N. S.) M. C. 172; 31 Law T. 98. As to oyster and mussel fisheries, see tit. "Oyster and Mussel Fisheries," post.

158 "FISH-FRESHWATER."]-By sect. 1 the act may be cited as "The Freshwater Fisheries Act, 1878."

159 By sect. 2 the act, so far as is consistent with the tenour thereof, is to be read as one with the Salmon Fisheries Acts, 1861 to 1876.

160 The 13th section repeals part of the 18 Geo. 3, c. 33, as to Fishing in the Severn and Verniew in June and July.

161 By sect. 5 it is enacted that "sections 8 & 9 of the Salmon Fishery Act, 1861 (which relates to fishing with lights, spears, and other prohibited instruments, and to using roe as a bait), and section 64 of the Salmon Fishery Act, 1865 (which provides a close time for trout and char), shall, as amended by the subsequent Salmon Fishery Acts, apply to trout and char in all waters within the limits of this act; and the term 'salmon river,' as used in section 64 of the Salmon Fishery Act, 1865, shall include any such water."

Summary Convictions.

[PART I.

SYNOPSIS OF OFFENCES.

FRESHWATER FISH-continued.

"(4.) If any person during this close season buys, sells, or exposes
for sale, or has in his possession for sale, any freshwater fish,
he shall, on summary conviction before two justices, be liable
to a fine not exceeding 40s."

(NOTE.-By sect. 12, the Fisheries (Dynamite) Act, 1877, which prohibits the use of dynamite or other explosive for the catching or destruction of fish in a public fishery, is to apply to the use of any such substance for the catching or destruction of fish in any water, whether public or private, within the limits of this act.) Power to grant Warrant to enter suspected Places.] By the 9th section, the provisions of the 34th section of the Salmon Fishery Act, 1861, which empower any justice of the peace, upon information upon oath, to authorize the search of any premises, are to extend to all offences committed, or alleged to have been committed, under this act, and that section is to be construed and have effect as if the word "salmon" included trout, char, and all freshwater fish.

FISHING BOATS. Certain provisions of the Merchant Shipping Act, 1854, apply to "Registered seagoing ships exclusively employed in fishing on the coasts of the United Kingdom."*

FOUNDRIES, IRON, COPPER AND BRASS. See tit. "Factories and
Workshops."

FRAME-WORK KNITTERS.

Statute.

41 & 42 Vict.

c. 39, s. 11.

25 & 26 Vict.

c. 63, s. 13.

s. 3.

1. Master frame-work knitter, or master hosier, or any other person, 6 Geo. 3, c. 29, making or working, or causing or procuring to be made or wrought any frame-work knitted goods of any of the materials [mentioned in s. 1, and see ss. 2, 4, 5, 6; 3 Burn's Jus. 29th ed. pp. 145, 146], or any mixture thereof (except such as are made of silk only) without being marked.

2. Journeyman, apprentice, servant or person not making the goods Id. ss. 4, 5, 6. on his own account, committing the like offence.

[MEM. If he proves the goods were unduly marked by his master's
direction, he is not liable to any penalty.]

3. Frame-work knitter, hosier or other person, selling or exposing to
sale any of the said goods not duly and truly marked."
[MEM. If he discover the vendor, he is not liable to penalty (s. 8).]

Id. s. 7.

8. 1.

4. Any frame-work knitter renting or taking to hire a stocking-frame, 28 Geo. 3, c. 55, either with or without any machine or engine to be employed therewith, refusing to yield and redeliver up the same, after 14 days' previous notice.

162FRAME-WORK KNITTERS :" Appeal.] By 6 Geo. 3, c. 29, s. 10.-Any person aggrieved may appeal to the quarter sessions, giving ten days' notice in writing of his intention to the convicting justice, and within two days after notice entering into recognizance before a justice with two sureties to try the appeal at such sessions ;-and

the justices there, on due proof of such notice and recognizance, shall hear and determine the same, and award costs to either party, as they shall think fit;-and their determination shall be final, binding and conclusive, to all intents and purposes.

FRIENDLY SOCIETIES. [See Note 163.]

1. Failing to give notice, or send any return or document, or do or allow to be done any act or thing which the society is by the act required to give, send, do, or allow to be done. [Note 164.]

2. Wilfully neglecting or refusing to do an act, or to furnish any information required for the purpose of the act by the chief or any other registrar or other person authorized under the act, or doing any act or thing forbidden by the act.

3. Making a return or wilfully furnishing information in any respect false or insufficient.

4. Wilfully making, ordering or allowing to be made any entry or erasure in, or omission from, any balance-sheet of a registered society, or any contribution or collecting-book, or any return, or a document required to be sent, produced or delivered for the purposes of the act, with intent to falsify the same, or to evade any of the provisions of the act.

38 & 39 Vict.
c. 60, s. 14.

Id.

Id.

Id. s. 32,

sub-s. (1).

163 "FRIENDLY SOCIETIES:" What Societies are included.] By sect. 8 the following societies may be registered under this act :(1) "Societies (herein called friendly societies) established to provide by voluntary subscriptions of the members thereof with or without the aid of donationsFor the relief or maintenance of the members, their husbands, wives, children, fathers, mothers, brothers or sisters, nephews or nieces, or wards being orphans, during sickness or other infirmity, whether bodily or mental, in old age (which shall mean any age after fifty) or in widowhood, or for the relief or maintenance of the orphan children of members during minority;

For insuring money to be paid on the birth of a member's child, or on the death of a member, or for the funeral expenses of the husband, wife or child of a member, or of the widow of a deceased member, or as respects persons of the Jewish persuasion for the payment of a sum of money during the period of confined mourning;

For the relief or maintenance of the members when on travel in search of employment, or when in distressed circumstances, or in case of shipwreck, or loss or damage of or to boats or nets;

For the endowment of members or nominees of members at any age;

For the insurance against fire to any amount not exceeding £15 of the tools or implements of the trade or calling of the members;

Provided that no society (except as aforesaid) which contracts with any person for the assurance of an annuity exceeding £15 per annum, or of a gross sum exceeding £200 shall be registered under this act.

(2) "Societies (herein called cattle insurance societies) for the insurance to any amount against loss by death of neat cattle, sheep, lambs, swine and horses, from disease or otherwise.

(3)

"Societies for any benevolent or charitable purpose (herein called benevolent societies). (4) "Societies (herein called working men's clubs) for purposes of social intercourse, mutual helpfulness, mental and moral improvement, and rational recreation. (5) "Societies for any purpose which the Treasury may authorize as a purpose to which the powers and facilities of this act ought to be extended (herein called 'specially authorized societies')."