Preamble (which recites Salmon Fisheries (Scotland) Act 1862 (c. 97), Salmon Fisheries (Scotland) Act 1863 (c. 50) and Salmon Fisheries (Scotland) Act 1864 (c. 118)) omitted under authority of Statute Law Revision Act 1893 (c. 14)
The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5
S. 1A inserted by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 1
The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5
S. 11 applied by Salmon Act 1986 (c. 62, SIF 52:2), s. 3(5)
Words substituted by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 2
The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5
S. 15 amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), ss. 6, 7, Sch. 2,
Words substituted by Salmon Act 1986 (c. 62, SIF 52:2), s. 5(1)(a)
S. 15 paras. (2)(3)(4) amended by Salmon Act 1986 (c. 62, SIF 52:2), s. 5(2)(b)
S. 15 para. (7) repealed by Salmon Act 1986 (c. 62, SIF 52:2), s. 5(1)(b)
S. 15 para. (8) amended by Salmon Act 1986 (c. 62, SIF 52:2), s. 5(2)(a)
Words substituted by Salmon Act 1986 (c. 62, SIF 52:2), s. 5(1)(c)
The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5
S. 19 excluded by Salmon Act 1986 (c. 62, SIF 52:2), ss. 28(2)(b)(iii), 29
S. 19 extended by Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26), s. 22(1) and amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), s. 6, Sch. 2
Word substituted by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 4
Words repealed by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 3(2)
S. 20 amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(5), Sch. 4 Pt. II para. 22
S. 20 excluded by Salmon Act 1986 (c. 62, SIF 52:2), ss. 28(2)(b)(iii), 29
S. 20 amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), ss. 6, 7, Sch. 2, Sch. 3 Pt. I para. 5(d)
Words repealed by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 3(3)
S. 21 amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(5), Sch. 4 Pt. II para. 23
S. 21 amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), ss. 6, 7, Sch. 2, Sch. 3 Pt. I para. 5(e)
Words substituted by virtue of Customs and Excise Act 1952 (c. 44), s. 318, Sch. 10 Pt. I
Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
S. 23 amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), ss. 6, 7, Sch. 2, Sch. 3 Pt. I para. 5(f), Pt. II para. 11
S. 24 amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), s. 6, Sch. 2
The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5
Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
Words inserted by Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26), Sch. 1
S. 27 applied (15.4.2001) by 1986 c. 62, s. 10B(2) as inserted (15.4.2001) by 2001 asp 3, s. 1; S.S.I. 2001/116, art. 2
Words inserted by Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26), Sch. 1
Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5
S. 29 amended by Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26), s. 12(2)
Word repealed by Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26), Sch. 2
Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5
Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
Words repealed by Statute Law Revision Act 1893 (c. 14)
Words repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. X
Reference to county in relation to sheriff principal to be construed as reference to Sheriffdom: Sheriff Courts (Scotland) Act 1971 (c. 58), Sch. 1 para. 1
Words repealed by Statute Law Revision Act 1893 (c. 14)
Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5
Words inserted by Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26), Sch. 1
Words repealed by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 5
1857 c. clxviii.
The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5
Unreliable marginal note
S. 18 excluded by Salmon Act 1986 (c. 62, SIF 52:2), ss. 28(2)(b)(iii), 29
S. 18 amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), s. 6, Sch. 2
Words repealed by Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26), Sch. 2
Words repealed by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 3(1)
An Act to amend the Law relating to Salmon Fisheries in Scotland.
This Act may be cited for all purposes as “
In this Act, unless the context otherwise requires the expressions “
Notwithstanding anything contained in or authorized by this Act or the recited Acts, no regulations with respect to the construction and alteration of
Who fishes for, takes, or attempts to take, or aids or assists in fishing for, taking, or attempting to take, salmon during the annual close time by any means other than rod and line;
Who fishes for, takes, or attempts to take, or aids or assists in fishing for, taking, or attempting to take, salmon (except during Saturday or Monday by rod and line) during the weekly close time, or contravenes in any way any byelaw in force regarding the observance thereof;
Who fishes for or takes, or aids in fishing for or taking, salmon during the annual close time by means of rod and line at a period not sanctioned by the byelaws in force in the district;
Who fishes for or aids in fishing for salmon with a net having a mesh contrary to any byelaw;
Who sets or uses, or aids in setting or using, a net or any other engine for the capture of salmon when leaping at or trying to ascend any fall or other impediment, or when falling back after leaping;
Who does any act for the purpose of preventing salmon from passing through any fish pass, or taking any salmon in its passage through the same;
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Who in any way contravenes any byelaw;
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Every person who shall
Every person who shall wilfully take, fish for, or attempt to take, or aid or assist in taking, fishing for, or attempting to take, any unclean or unseasonable salmon, or who shall buy, sell, or expose for sale, or have in his possession, any unclean or unseasonable salmon, shall be liable to a penalty not exceeding five pounds in respect of each such fish taken, sold, or exposed for sale, or in his possession, and shall forfeit every such fish; but this section shall not apply to any person who takes such fish accidentally, and forthwith returns the same to the water with the least possible injury, . . .
Any person who shall buy, sell, or expose for sale, or have in his possession, any salmon taken within the limits of this Act between the commencement of the latest and the termination of the earliest annual close time which is in force at the time for any district, shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding two pounds for every salmon so bought, sold, or exposed for sale, or in his possession; and any salmon so bought, sold, or exposed for sale, or in his possession, shall be forfeited; and the burden of proving that any such salmon was caught beyond the limits of this Act shall lie on the person selling or exposing the same for sale, or having the same in his possession.
All salmon intended for exportation shall be entered for that purpose with the proper
The proprietor or occupier of any fishery shall within thirty-six hours after the commencement of the annual close time remove and carry from such fishery, and from the landing places and grounds adjacent thereto, all boats, oars, nets, engines, and other tackle used or employed by such occupier in taking salmon, and effectually secure the same so as to prevent their being used in fishing until the end of the close time, with the exception of such boats and oars as may be used for angling; and the proprietor or occupier of any cruive shall within thirty-six hours after the commencement of the annual close time remove and carry away all the hecks, rails, and inscales, and effectually secure the same so as to prevent their being used in fishing, and shall also remove all planks and temporary fixtures and other obstructions to the free passage of fish through the cruive; and any proprietor or occupier who neglects to remove and carry away and effectually secure in manner aforesaid any boat, oar, net, engine, or other tackle, or any heck, rail, or inscale, or any obstruction to the passage of salmon through a cruive, shall forfeit every engine and thing not removed and carried away in compliance with the terms of this section, and for every day during which he suffers any such engine or thing to remain unremoved beyond the period prescribed in this Act he shall be liable to a penalty not exceeding ten pounds: Provided always, that nothing herein contained shall apply to any ferry boat, or prevent any proprietor of lands from continuing any boat for the use of himself or of his family, if such boat shall have the name of the proprietor painted thereon, and be secured, when not in use for lawful purposes, by lock and key.
The proprietor, or when let the occupier, of every fishery at which stake, weir, or stake nets, fly nets, or bag nets are used, shall in regard to such nets do all acts required by any byelaw in force within the district in which such fishery is situated for the due observance of the weekly close time; and if any such proprietor or occupier shall omit to do any act so required, he shall incur the following penalties; that is to say,
He shall forfeit the net or nets with regard to which such omission has occured:
He shall for each weekly close time during any part of which such omission has occurred pay, in respect of each net to which the proof of such omission applies, a sum not exceeding ten pounds, and a further sum not exceeding two pounds for every salmon taken or killed by means of such nets during the said weekly close time.
It shall be lawful for the
Any water bailiff, constable, watcher, or officer of the board, or any police officer, may enter and remain upon any lands in the vicinity of any river or of the sea coast during any hour of the day and night for the purpose of preventing a breach of the provisions of this or the recited Acts
It shall be lawful for any person, without any warrant or other authority than this Act, brevi manu to seize and detain any person who shall be found committing any offence contained in the first six sub-divisions of the fifteenth section, or in the . . .
Every person found guilty of any offence against any of the provisions of the recited Acts or any of them, or of this Act, shall, in addition to any other penalties to which he may be liable, at the discretion of the
Where any salmon, net, rod, line, or other article directed to be forfeited under this Act has been seized by any constable, water bailiff, watcher, or other officer appointed by the board, or by any police officer, the
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It shall not be lawful to fish for or take salmon at any place or by any mode prohibited by any Statute relating to salmon or salmon fisheries in Scotland subsisting and in force at the date of this Act; and nothing contained in this Act or in any byelaw shall render legal any mode of fishing which was or would have been illegal at the date of the passing of this Act.
This Act shall not extend to England or Ireland; and no part of this Act, except the thirteenth, eighteenth,