Fisheries (Ireland) Act 1850
| Jurisdiction | UK Non-devolved |
| Citation | 1850 c. 88 |
| Year | 1850 |
(13 & 14 Vict.) C A P. LXXXVIII.
[14th August 1850]
'WHEREAS it is expedient to amend and explain the several Acts relating to Engines used in the Fisheries ofIreland: ' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Actthe several Interpretation Clauses in the said recited Acts contained shall be and are hereby repealed; and that in the Construction and for the Purposes of the said recited Acts and of this Act, unless there be something in the Subject or Context repugnant to such Construction, the Words ‘Person,’‘Owner,’ and ‘Proprietor’ shall mean and include any Body Corporate, Aggregate, or Sole, as well as an Individual, and also any Company or Partnership; and any Word importing the Singular Number only shall mean and include several Persons or Parties as well as one Person or Party, and several Things as well as one Thing respectively, and the converse; and any Word importing the Masculine Gender only shall mean and include a Female as well as a Male; and the Word ‘Lands’ shall mean and include all Messuages, Lands, Tenements, and Hereditaments; and the Word ‘Waste’ shall include and extend to any and to all uncultivated, or unprofitable Lands; and the Word ‘County’ shall include and extend to a County of any City or Town; and the Words ‘Estuary’ and ‘Bay’ shall include and extend to any Harbour or Roadstead; and the Word ‘Rivers’ shall include and extend to Tributaries of Rivers, and to all other Streams and Watercourses; and the Word ‘Vessel’ shall mean and include any Ship, Boat, Cot, Coble, or Curragh; and the Word ‘Fish’ shall extend to and include Oysters and Oyster Brood; and the Word ‘Salmon’ shall extend to and include Grilse, Peall, Sea Trout, Samlets, Par, and all other Fish of the Salmon Kind, and the Spawn and Fry thereof; and the Word ‘Trout’ shall extend to and include Pollen or Fresh-water Herring, and all Fish of the Trout Kind, and the Spawn and Fry thereof; and the Word ‘Net’ shall mean and include all Descriptions of Tackle, Trawl, Trammel, Stake, Bag, Coghill, Eel, Haul, Draft, and Seine Nets, and all other Engines or Devices, of whatsoever Construction or Materials, or howsoever known or styled, which shall be used for the like Purposes as those in this Act or in the said recited Acts referred to; and the Words ‘Fixed Net’ or ‘Fixed Engine’ shall extend to and include Weirs, Stake, Big, Stop, and Still Nets, and all other Engines or Devices used for the like Purposes, of whatsoever Construction or Materials the same way be, or however known or styled, and whether fixed to the Soil or held by Hand, or made stationary in any other Way; and the Words ‘Close Time’ or ‘Close Season’ shall mean and include any Time or Season within which it is or shall be prohibited to fish for, take, or destroy any Salmon, Trout, Oysters, or any Fish of any of the Kinds in this Act or in the said recited Acts referred to, or the Brood, Spawn, or Fry thereof; and the Word ‘Fisheries’ shall mean and include all Fisheries, whether several or public; and the Words ‘Several Fisheries’ shall mean and include all Fisheries lawfully possessed and enjoyed as such under any Title whatsoever, being a good and valid Title at Law, exclusively of the Public, by any Person or Persons, whether in navigable Waters or in Waters not navigable, and whether the Soil covered by such Waters be vested in such Person or Persons, or in any other Person or Persons; and the Words ‘Owner’ or ‘Proprietor’ shall mean and include every Person who shall be in the actual Possession or Use and Enjoyment, or Receipt of the Rents or Profits, of any Lands or Fisheries (as the Case may be), save that in every Case in which any Person shall be in possession or receipt of the Rents or Profits of any Fisheries or Lands under any Sequestration, Extent, Elegit, or other Writ of Execution, or as a Receiver under any Order of a Court of Equity, the Person against whom such Writ shall have issued, or who but for such Order would have been in possession, shall, jointly with the Person in possession by virtue of such Writ or Order, be deemed for the Purposes of this Act to be the Owner of such Fisheries or Lands; and the Words ‘Judge of Assize’ shall, as to Cases arising or to be determined in the County ofDublin or County of the City of Dublin, mean and include a Judge of any of the Law Courts of Record in Dublin at Nisi Prius at the First Sittings after the pronouncing or making of any Order or Decision appealed from or complained of, or if such First Sittings shall commence within Twenty-one Days after the pronouncing or making such Order or Decision, then at the Sittings next immediately after such First Sittings.
II In case of Lands and Fisheries vested in one Person, how he may act.
II. And be it enacted, That where any Person shall be the Owner of any Lands, and also the Owner of or interested in some Question as to any Fisheries adjoining to such Lands, or carried on or exercised upon the same, such Person for the Purposes of this Act or the said recited Acts may act and be dealt with in both or either of the several Characters so borne by him as aforesaid.
III In case the Owner is under legal Disability, who to act.
III. And be it enacted, That wherever the Owner of any Lands or Fisheries to which the Provisions of this Act or the said recited Acts are intended to apply, or any Person interested in any Question as to any Fisheries, shall be a Minor, Idiot, Lunatic, Feme Covert, beyond the Seas, or under any other legal Disability, the Guardian, Trustee, Committee of the Estate, or Husband of such Person or Owner, or his or her Attorney or Agent respectively, and whom they are hereby empowered to nominate under their Hands and Seal, shall for the Purposes of this Act and the said recited Acts be substituted in the Place of such Owner or Person so interested.
IV Acts may be done by Agents duly authorized.
IV. And be it enacted, That it shall be lawful for any Land Owner or Fishery Owner, by a Power of Attorney given in Writing under his Hand, to appoint an Agent to act for him in carrying into execution the Provisions of this Act or the said recited Acts; and all Things which by this Act or the said recited Acts are directed to be done by or with relation to any Person may be lawfully done by or with relation to the Agent so duly authorized of such Person; and every such Agent may be dealt with in all respects as such Person himself might have been dealt with under this Act or the said recited Acts; and every such Agent shall have full Power, in the Name and on behalf of his Principal, to take part in or act upon any Inquiry, or prosecute, oppose, or defend any Complaint, Appeal, Action, Writ, Suit, or other Proceeding, or attend, vote at, and take part in any Meeting, or do or suffer any other Act for the Purposes of this Act or the said recited Acts; and every Person shall be bound by the Acts of any such Agent, according to the Authority committed to him, as fully as if the Principal of such Agent had so acted; and the Power of Attorney under which the Agent shall have acted shall be produced, inspected, or registered, and Copies or Extracts thereof made, at such Times and Places and in such Manner as the Commissioners appointed for the Execution of the said recited Acts shall direct; and any such Power of Attorney may be in the Form following:
'IA. B. of [&c.] do hereby appoint C. D. of [&c.] to be my lawful Attorney to act for me in all respects as if I myself were present and acting; and I make this Appointment under and by virtue of an Act passed in the Year of Her present Majesty, intituled [here insert the Title of this Act].
(Signed) 'A. B. '
V Conservators empowered at General Meetings to depute Conservators for Electoral Divisions to act for such Electoral Divisions.
V. 'And whereas by an Act passed in the Twelfth Year of Her present Majesty's Reign, intituledAn Act for the Protection and Improvement of the Salmon, Trout, and other Inland Fisheries of Ireland, it was amongst other things enacted, that the said Commissioners for the Execution of the said Act should divide Ireland and the Sea Coast and Islands thereof into Districts, and should subdivide each such District into Two or more Electoral Divisions, and that Conservators of Fisheries should be elected and returned for each such Electoral Division, to represent the same; and it was further enacted by the said recited Act, that the Board of Conservators of each District should fix and determine and duly publish Notice of the Times and Places for the General Meetings of such Board, and that it should be lawful for the Boardof Conservators for each such District, at some Meeting specially appointed by them, to nominate and appoint a Clerk or Clerks, with reasonable Salaries, and to appoint some Bank to act as Treasurer, and as many Inspectors and Water Bailiffs as might be necessary; and it was further provided by the said recited Act, that all Sums of Money received for Licence Duties and Rates, and for Forfeitures and Penalties, for each such District, should be paid over to and received by such Treasurer, and applied to the Purposes of such District, under the Provisions of the said Act, and that such Treasurer should pay such Sums of Money as should be...
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