HC Deb 16 June 1865 vol 180 cc363-5

Bill considered in Committee.

(In the Committee.)

Clauses 1 to 26 were agreed to.

Clause 27 (Enumeration of Powers of Board of Conservators).


moved, in section 1, line 8, after "appointed," to add— Provided always, that nothing herein contained shall prevent the said Board of Conservators from obtaining the services of additional constables under the Act third and fourth Victoria, chapter eighty-eight, section nineteen, for the purpose of carrying out the provisions of this Act; such constables, when appointed, to have all the powers and privileges of water bailiffs, and to be paid for their services by the said Board.

Clause, as amended, agreed to.

Clause 28, Clause F (Power of Conservators as to Eel Fisheries).


moved the omission of the Clause, which he said provided that between the 1st of January and the 1st of July no eels were to be taken, the ground being that the boxes and gratings used for taking them were liable to catch salmon. Eels were a very important article of food in England; and in the south of England at all events were best in the spring and summer. There had been no evidence given upon this subject before the Committee, and therefore he objected to their legislating upon the matter at present.


said, he seconded the Amendment. Nothing was more destructive to salmon than eels, and therefore the more eels were caught the better would it be for the preservation of the salmon in those places.


said, he was willing, if this regulation would interfere with the eel fishery, to omit the clause.

Clause struck out.

Clauses 29 to 31 were agreed to.

Clause 32 (Order for Entry of Water-Bailiff on Land).


said, he moved its omission, on the ground that it involved a proposition contrary to the first principles of English law. The clause appeared to be founded upon the supposition that every owner of a salmon fishery was a criminal, for it gave the conservator or water bailiff power, after making oath before a justice of the peace that be suspected acts in contravention of the Fishery Act, to enter, go over, and remain seven days upon, a gentleman's land without being; liable to a charge of trespass.


said, he hoped that the clause would be retained, as, from his experience of the Irish Salmon Fishery Act, he believed that it would be exceedingly useful in preventing abuse, and that the power it conferred would not be likely to be abused.

Clause agreed to.

Remaining clauses agreed to, with the exception of Clauses 56 and 66, which were negatived.


moved the following clause:— (Provisions as to exportation of salmon.) All salmon intended for exportation shall be entered for that purpose with the proper officer of Customs, at the port or place of intended exportation, before shipment thereof; and any salmon shipped or exported, or brought to any wharf, quay, or other place for exportation, contrary to this section, shall be forfeited, and the person shipping or exporting or bringing the same for exportation shall be liable to a penalty not exceeding two pounds for every salmon so shipped or exported or brought for exportation; and any officer of the Customs may, between the third day of September and the second day of February, open any parcel entered or intended for exportation, or brought to any quay, wharf, or other place for that purpose, and suspected by him to contain salmon, and may detain any salmon found in such parcel until proof is given, in manner provided by law, of the salmon being such as may be legally exported; and, if the salmon before such proof is given become unfit for human food, the officer of Customs may destroy the same.

House resumed.

Bill reported; as amended, to be considered on Tuesday next, and to be printed [Bill 220.]