5 10 15 20 25 30 35 40 An Act passed in the said Parliament in the third year of the 3 Geo.3, c. 35. reign of King GEORGE the Third, intituled, "An Act to explain and amend the several Laws made in this Kingdom, for the effectual Preservation of Salmon Fish." c. 41. So much of an Act passed in the said Parliament in the Session 13& 14 Geo.3, c. 31. So much of an Act passed in the said Parliament in the Session 15 & 16 Geo. 3, c. 19. An Act passed in the said Parliament in the Session holden in 17 & 18 Geo.3, c. 40. An Act passed in the said Parliament in the Session holden in 23 & 24 Geo.3, c. 50. An Act passed in the said Parliament in the twenty-sixth year 26 Geo. 3, c. 40. So much of an Act passed in the said Parliament in the 32 Geo. 3, c. 50. An Act passed in the said Parliament in the thirty-third year of 33 Geo. 3, 36 Geo. 3, c. 52. 39 Geo. 3, c. 51. 59 Geo. 3, e. 109. B Geo. 4, c.64. 7 Geo. 4, c. 34. 10 Geo. 4, c. 33. 1 Will. 4, c. 54. 1 & 2 Vict., c. 76. An Act passed in the said Parliament in the thirty-sixth year of the same reign, intituled, "An Act for continuing and amending the several Acts for the further Improvement and Extension of the Fisheries on the Coasts of this Kingdom." 5 An Act passed in the said Parliament in the thirty-ninth year of An Act passed in the Parliament of the United Kingdom in the So much of an Act passed in the said Parliament of the United So much of an Act passed in the said Parliament of the United An Act passed in the said Parliament of the United Kingdom So much of an Act passed in the said Parliament of the United An Act passed in the said Parliament of the United Kingdom And 5 And the said several herein before recited Acts and parts of Acts, in so far only as they or any of them relate to the Fisheries of Ireland, and all Acts or parts of Acts continuing or perpetuating same, or any part thereof, so far only as relates to such continuation or perpetuation, and all Enactments whatsoever now in force in Ireland, relating to the Fisheries thereof, are hereby repealed accordingly, save and except so far as the said Acts or parts of Acts or Enactments respectively may repeal the whole or any part of any other Act or Acts; and also save and except as to any offences, penalties or inatters committed, 10 incurred or done, or which may be committed, incurred or done against or under the provisions of the said Acts, or any of them, before the passing of this Act; all which offences shall be dealt with, considered and punished, and all such penalties levied, and all such matters deemed good, valid and effectual to all intents and purposes 15 as if this Act had not been passed: Provided always, That nothing herein contained shall be construed to repeal any Enactments or Provisions of the said Acts, or any of them, which relate to Piers or Quays or assisting poor Fishermen, or any powers in respect thereof now vested in the Commissioners of Public Works in Ireland, or any 20 monies applicable to such purposes in the hands of the said Commissioners of Public Works; but that all such Enactments and Provisions relating to Piers or Quays, or the assistance of poor Fishermen, and all such powers in respect thereof, or of the application of the monies applicable to such purposes, shall remain in full force and effect; and 25 provided further, That nothing herein contained shall be construed to repeal an Act passed in the said Parliament of the United Kingdom in the Session holden in the sixth and seventh years of the reign of King WILLIAM the Fourth, intituled, "An Act for establishing a Joint Stock Company for the Prosecution and Exten30 sion of the Fisheries off the Shores of Ireland, and for the Improvement of the Sea-coast in connexion with such Fisheries," or an Act passed in the said Parliament of the United Kingdom in the first year of the reign of Her present Majesty, intituled, "An Act to enable Edward Joshua Cooper, Esquire, to establish and protect a 35 Salmon Fishery upon the Lakes and Rivers Owenmore and Arrow, and also within the Bay of Ballisodare, in the County of Sligo, in Ireland ;" save that the said Joshua Edward Cooper, his heirs and assigns, shall not, from and after the passing of this Act, use or exercise any rights, powers or authorities for the preservation or protection of the 40 free Fishery in said Act mentioned, or for the detection, prosecution, conviction or punishment of trespassers on such Fishery, other than such as, after the passing of this Act, may be lawfully enjoyed, used or exercised by the proprietor of any like Fishery, under and by virtue of the provisions of this Act. 2. CLAUSE (A.) Commissioners of Public Works consti tuted Com missioners for execution of this Act. 3. Fishermen and others shores, and pass over uncultivated lands, for the purposes of this Act. 5 And be it Enacted, That the Commissioners of Public Works in Ireland for the time being shall be and they are hereby constituted and appointed Commissioners for the execution of this Act; and that all and every the powers and authorities in and by this Act given, may be exercised by the said Commissioners, and any one or more of them; and that it shall and may be lawful for the Lords Commissioners of Her Majesty's Treasury from time to time to authorize the appointment during pleasure of such and so many persons to be Inspectors of Fisheries, and also such additional clerk or clerks, or other officers, as may be necessary for the purposes of this Act; and 10 that it shall and may be lawful for the said Commissioners of Public Works to pay to the said Inspectors, and to such clerks or other officers so appointed as aforesaid, such sum or sums by way of salary or remuneration as the Lords Commissioners of Her Majesty's Treasury, or any Three or more of them, shall fix and appoint. 15 And be it Enacted, That it shall and may be lawful for all fishermen may use waste and persons employed by them to enter upon all such beaches, strands and wastes on or adjoining the sea-shore, or any estuary, as may be necessary for the purpose of carrying on any herring or other sea fishing, and also to draw up and spread their nets and land their fish upon any 20 such beach, strand or waste: Provided nevertheless, That they shall not erect any fixtures thereon, or moor or fasten floating-nets thereto, save as hereinafter provided. 4. CLAUSE (B.) Directors of fishermen, and fishermen themselves, to enter on lands which lie near any fishing place, fit and necessary to draw fish on shore, and there to watch for said fish. 5. Penalty on persons resisting or obstructing fishermen in using such shores, &c. And be it further Enacted, That it shall be lawful for all watchmen, directors and guiders of fishermen, and all such fishermen themselves, 25 and such other persons as shall necessarily attend the nets or fishings at the times of fishing for herrings, pilchards and other sea-fish, to enter and go into and upon any lands which do lie or adjoin near unto any fishing-place, fit, convenient and necessary to watch and to draw or carry the fish on shore, and there to watch for the said fish, and to 30 direct and guide the said fishermen which shall be upon the sea and sea-coasts for the taking of the said fish, and to draw and said fish on shore: Provided that no person shall be empowered or authorized by this Act to enter in or upon any enclosed garden, or any tillage land with a growing crop thereon. carry the 35 And be it Enacted, That if any person shall resist or forcibly obstruct any fisherman or person employed by him in entering upon and using the said beaches, strands, wastes and other lands in the manner and for the purposes aforesaid, every person so offending shall for every such offence forfeit and pay any sum not exceeding Five 40 Pounds. And 5 And be it Enacted, That no net or other engine covered with canvas, hide or other material, by which unsizeable and young fish may be taken or destroyed, shall be used on the sea-coast, or within any estuary, except engines used exclusively for the purpose of dredging for shell-fish, and every person offending by such use of any such net or engine shall forfeit the same, and shall also for every such offence forfeit and pay any sum not exceeding Ten Pounds. And be it Enacted, That no person shall, at any time between sunrise and sunset, set either in the sea, or within the tide-way in any 10 estuary, any sea-net for the catching of herrings, or any trammel-net, or leave any drag or other net floating in the water between sunrise and sunset, except stake or fixed nets for the catching of salmon, as is hereinafter provided, and save also seines or drift-nets for pilchards or fish other than herrings, provided such stake or fixed nets, and such 15 seines or drift-nets be used at such times and places as may not be prohibited by the Bye-laws hereinafter mentioned; and any person offending by setting or leaving set any such net, save as aforesaid, shall forfeit the same, and shall also for every such offence forfeit and pay any sum not exceeding Ten Pounds. 20 And be it Enacted, That every person who shall, between sunset and sunrise, have set either in the sea, or within the tideway in any estuary, any such net as is hereby prohibited from being left set or floating between sunrise and sunset, shall, before sunrise, haul up or remove such net or nets; and every person offending by not so hauling 25 up or removing such net, shall forfeit the net so set, and shall also forfeit and pay any sum not exceeding Five Pounds, unless it shall be proved to the Justice before whom complaint shall be made against such person that he was prevented by sudden storm or stress of weather from hauling up or removing such net. 30 And be it Enacted, That if any person shall use any trawl or trammel-net at any season or any place, either in the sea, or within the tideway in any estuary, when or where the use of same shall have been prohibited by any Bye-law to be made as hereinafter mentioned, he shall forfeit every such net so used, and shall for every such offence 35 also forfeit and pay any sum not exceeding Twenty Pounds. AND whereas shoals of herrings and other fish are frequently prevented from entering bays and estuaries by persons setting nets at or across the entrance of such bays and estuaries; BE it therefore Enacted, That if any person shall set any net at or across the entrance of any bay or estuary in any place or at any time which shall be prohibited by any such Bye-law, such person so offending shall forfeit and pay for each such offence any sum not exceeding Five Pounds. |