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who has a right to fish in the part of the river opposite his frontage, and who has paid a licence duty for fishing within the district during the last preceding fishing
If an owner of fisheries or lands otherwise entitled to be an ex-officio member of a Board is under a legal disability, some other person may act for him as follows:
If the owner is
i. A minor-one of his guardians or trustees, or the attorney or agent of one of his guardians or trustees, may act for him.
ii. An idiot or lunatic-the committee of his estate or the attorney or agent of
iii. A married woman--her husband, or his attorney or agent may act for her.
Every person who claims to be entitled to act as an ex-officio member of a Board of Conservators must, before taking his seat or acting in any way as a member of the Board, sign a declaration stating his qualification to act.
An ex-officio member, having made the declaration, is entitled to act only so long as his qualification continues.
In the case of the first Board of Conservators for a new district, the Board consists of the appointed members and the ex-officio members alone. The ex-officio members are permanent, but the appointed members only hold office for a year; a casual vacancy among the appointed members may be filled up by the Board.
On every subsequent Board, in the case of a salmon fishery district, there are, in addition to the appointed members and Representative the ex-officio members, certain representative members, who Members.1 are elected in the following case and to the following number :
Where in any part of a fishery district there are public or common rights of fishing, and such rights are exercised by fishermen duly licensed to fish (otherwise than with rod and line) all persons who have taken out licences to fish in such public or common waters, or both (otherwise than with rod and line), during the last preceding fishing season, are entitled to elect representative members of the Board of Conservators.
If the aggregate amount of licence duty paid for fishing in public or common waters, or both (other than licences for the use of a rod and line), does not exceed £50, one member may be elected; if the aggregate amount exceeds that sum, one additional member may be elected for every additional £50 or part of £50. Rules as to the election of representative members of the Board of Conservators are given in the Salmon Fishery Act, 1873, secs. 30-33; we may mention that the election is by voting papers distributed among the licensees entitled to vote, and that the licensees are entitled to more or fewer votes, according to the amount they have paid, and a voter may distribute his votes among the candidates as he thinks fit.
1 Salmon Fishery Act, 1873, secs. 29-33.
Sale of gas to be by cubic foot.
Models and apparatus.
The Board of Conservators are a body corporate, with perpetual succession and a common seal, with powers to contract and to sue and be sued in a common name.
They have power to appoint water bailiffs; to issue licences for fishing; to purchase, for the purpose only of their removal, dams, fishing weirs, &c.; to take legal proceedings for prosecuting offences against the Acts and for removing illegal weirs, &c.; and generally, to improve the fishing in the waters under their jurisdiction. Their income is derived from the issue of licences, without which, fishing in their waters is illegal.
Gas meters are regulated under an Act of 1859 (22 & 23 Vict. c. 66), which has been amended by an Act of 1860 (23 & 24 Vict. c. 79), with respect to the Metropolis, by another Act of 1860 (23 & 24 Vict. c. 146), with respect to the date of the commencement of the Act, and by an Act of 1866 (29 & 30 Vict. c. 82), whereby the supervision of the Act was transferred from the Treasury to the Board of Trade. The Act of 1859 provides for a uniform system of measuring gas, for the inspection and verification of gas meters and for the prosecution of persons using unfair gas meters, &c., and is put in force locally by Local Authorities. In counties, the County Council are the Local Authority. In county boroughs in which the Act has been adopted, the Town Council, if they are not makers or sellers of gas, are the Local Authority; if, however, the Town Council are makers or sellers of gas, the Justices of the borough are the Local Authority; if the Act has not been adopted, the County Council would apparently act within the borough. In other boroughs, the population of which, according to the census of 1881, was over 10,000, where the Town Council are not makers or sellers of gas, and in which the Act has been adopted, the Town Council are the Local Authority.
Under the Act, the sale of gas must, in all cases, be by cubic foot, and the gas must be measured by a "Meter," which has marked on it its measuring capacity at one revolution or complete action of the meter, the quantity it is intended to measure per hour, and a proper stamp.
The Board of Trade have in their possession models of gas holders, with proper apparatus for testing meters, and verified copies of such models and apparatus are deposited in certain places; they also supervise the provision of stamps for stamping
meters. The Local Authority must provide a sufficient number of copies of the models and apparatus provided by the Board of Trade, and must have these copies verified and stamped by that Board, and must provide the proper stamps for stamping meters.
The Local Authority must appoint Inspectors of meters and Appointment of allot to each a separate district; no maker, repairer, or seller of meters, or of gas, or any person employed in making, repairing or selling meters or gas, may be an Inspector of
The stamps provided by the Local Authority must be in accordance with the directions of the Board of Trade, and be arranged so as to show the district of the Inspector by whom they are used. The models and stamps must be kept in the custody of the Inspector, and the Local Authority must determine when and where Inspectors are to attend for testing
On his appointment, every Inspector must enter into a recognizance with the Crown for the due performance of his duties, &c., in such a sum as the Local Authority appointing him may fix.
Every Inspector must attend at such times and places as the Local Authority may Duties of appoint, with the models, apparatus and stamps in his custody, for the purpose of Inspectors. testing meters, and must test, and, if found correct, stamp every meter submitted to him for that purpose, and deface or destroy the stamp on any meter found incorrect.
He must keep a book, and enter minutes of all such testings, with the numbers of identity and capacity marked by the manufacturer on such meters. If required, he must give a certificate of stamping or defacing. The error permissible in a meter is 3 per cent. in favour of buyers, or 2 per cent. in favour of sellers, and the meter must not be capable of being made, by any contrivance that is practically prevented by good meters, to register quantities varying from the true standard measure by more than that amount; except that a meter with a measuring capacity, at one complete revolution or action of the meter, of 5 cubic feet or more, and marked "without float," must be stamped, if found correct in other respects, except that it is capable by the abstraction of water, of being made to register incorrectly against the seller.
The fees payable to an Inspector are-sixpence for every meter delivering one cubic foot in four or more complete revolutions; one shilling for every meter delivering one cubic foot in one or more revolutions, but less than four; and for other meters one shilling, and a further sum of one shilling for every cubic foot of gas delivered at one revolution beyond the first cubic foot.
Every Inspector must account quarterly to the County Council for the fees taken by him.
An Inspector duly authorized by a Justice of the Peace in writing may, at the request of any buyer or seller of gas, who shall have given 24 hours' notice in writing to the other party to the contract, at all reasonable times, enter any place within his jurisdiction where any meter is fixed or used.
Statutes relating to highways.
Statutes relating to bridges.
He may examine and test the meter, and will have double fees, payable by the buyer or seller, as the Justice determines.
The following are offences under the Act :—
Ist. Counterfeiting stamps and marks, for which the penalty is a fine not exceeding £50, nor less than £10.
2nd. Knowingly selling, &c., any meter with a forged stamp or mark thereon, for which the penalty is a fine not exceeding £10, nor less than 40s.
3rd. Tampering with a meter, or obstructing an Inspector, for which the penalty is a fine not exceeding £5.
4th. Fixing or using an unstamped meter, or meter not duly marked, for which the penalty is a fine not exceeding £5.
In case of a dispute between the buyer and seller of gas by meter, or between an owner of a meter and an Inspector, the Inspector, if required by the person dissatisfied with his decision, must give his reasons in writing, and the aggrieved party may have the meter examined and re-tested by two Inspectors of neighbouring districts, to be named by a Justice of the Peace.
An appeal from decisions of Inspectors, &c., lies to Quarter Sessions.
Highways and Bridges.
The business of the County Council with regard to highways and bridges is of two kinds. The County Council must themselves maintain Main Roads and certain Bridges; and, secondly, the County Council have certain powers with regard to ordinary highways :
The principal statutes relating to highways are—
The Highways and Locomotives (Amendment) Act, 1878 (41 & 42 Vict. c. 77)
The principal statutes relating to bridges are-
An Act of 1701 (1 Anne, st. 1, c. 18, or 1 Anne, c. 12).
We will deal with the powers and duties of the County Council with regard to main roads and county bridges, explaining first what highways and bridges are respectively main roads and county bridges; secondly, what duties the County Council incur with regard to them; thirdly, what the powers of the County Council are with regard to their ordinay main
tenance; and lastly, what the powers of the County Council are, in effecting improvements.
The following highways will on the appointed day be, in Main Roads. administrative counties, main roads :-1
Ist. Every road, in places to which the Highway Act, 1878, applied, which since the 31st December, 1870, has ceased to be a turnpike road; subject to the possibility of the roads having been dismained (ie., reduced to the position of an ordinary highway).2
2nd. Every road declared by the Quarter Sessions to be a main road, in pursuance of their powers under the lastmentioned Act; subject to the possibility of the road having been dismained.3
3rd. Every road in a Quarter Sessions Borough disturnpiked since the 31st December, 1870.4
4th. Turnpike roads in South Wales and the Isle of Wight,5
After the appointed day, any turnpike road in an administrative county ceasing to be such, will become a main road; the County Council also may declare any highway a main road; and on the other hand, the County Council may take steps to have a main road dismained.
Any Highway Authority, wishing to have any highway within their district declared a main road, may apply in writing to the County Council, who may make an Order accordingly; but their Order will not take effect until the road has been placed in proper repair and condition to their satisfaction, and such an Order will be provisional only, and must be confirmed by a second Order within six months. If before the 13th August, 1890, the Town Council of a Quarter Sessions Borough make such an application, the Order may be absolute in the first instance, and if the County Council refuse the Order, the Town Council may appeal to the Local Government Board.7 The County Council, if desirous of reducing a main road to the position of an ordinary highway, must apply to the Local Government Board, who, if they think fit, may make a Provisional Order accordingly, which will become binding on confirmation by Parliament.8
5 Ib., secs. 12, 13.
6 As to the meaning of Highway Authority, see ante, pp. 50-53
7 Highways, &c., Act, 1878, sec. 15. Local Government Act, 1888, secs 35, 38 Highways, &c., Act, 1878, sec. 16