HL Deb 25 July 1861 vol 164 cc1477-9

House in Committee (according to order),

Clauses 1 and 2 agreed to.

Clause 3 (Commencement of Act),

THE EARL OF MALMESBURY

suggested an inconvenience which would arise from fixing the 1st of September for the Act coming into operation. In Scotland the "close time" did not commence until the 14th September. Considering that there was no chance of the Scotch Salmon Fisheries Bill becoming law this Session, it was, in his opinion, the more necessary to alter the date. He, therefore, proposed that the Act should come into operation on the 1st October instead of the 1st September.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 4 (Definitions),

THE EARL OF MALMESBURY

said, the extraordinary list of names of species of fish he had read on a former evening was perfectly useless. The Bill was for the protection of the salmon fishery only. and all that they required was to make this clear. He moved, as an Amendment, that the definition should be, "all migratory fish of the genus salmon."

LORD RAVENSWORTH

said, he thought that the noble Earl should have employed the word "species" instead of "genus."

THE EARL OF MALMESBURY

contended that his definition would include all species of the genus salmon.

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 4 to 20 agreed to, with Amendments.

Clause 21 (Weekly Close Time),

LORD RAVENSWORTH

moved an Amendment, providing that the weekly close time should extend, instead of, as proposed by the Bill, from eight o'clock on Friday night to six o'clock on Monday morning, only from noon on Saturday to six o'clock on Monday.

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 22 to 27 agreed to, with Amendments.

Clause 28 (Enforcing Free Gaps in Fishing Weirs),

THE EARL OF MALMESBURY

moved the omission of the words forbidding the fishing with nets within fifty yards of the free gap of a mill dam or fishing weir.

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 29 and 30 agreed to.

Clause 31 (General Superintendence of Fisheries by Home Office),

THE EARL OF MALMESBURY

complained that this clause gave the Home Office the power of materially interfering with the rights of property, by the appointment of inspectors and water bailiffs, who would have the power, without the leave of the landowner, to pass along the banks of any water frequented by salmon and trout; and he proposed to insert this proviso, "provided that nothing herein contained shall enable the Home Office to authorize any person to enter the land of any proprietor contiguous to the river without his permission."

LORD STANLEY OF ALDERLEY

said, no power would be given under the Bill to authorize trespassing in any way, and the Amendment was, therefore, unnecessary.

THE EARL OF MALMESBURY

inquired whether, if one of these officials trespassed upon his land, under instructions issued by the Home Office, he could bring an action of trespass against him?

THE LORD CHANCELLOR

said, that the instructions of the Home Secretary could give no more authority than those of anybody else, and any trespasser would be liable unless there was statutory authority to trespass.

LORD CHELMSFORD

But the question is whether statutory authority is not given.

Amendment withdrawn.

Clause agreed to.

Further Amendments made. Report of the Amendments to be recoived on Monday next.