Medway Fisheries Act 1757
| Jurisdiction | UK Non-devolved |
| Citation | 1757 c. 21 |
| Year | 1757 |
(30 Geo. 2) C A P. XXI.
'WHEREAS by an Act of Parliament made and passed in the ninth Year of the Reign of her late Majesty Queen Anne , intituled,An Act for the better Preservation and Improvement of the Fishery within the River of Thames; and for regulating and governing the Company of Fishermen of the said River ; It was enacted, That from and after the tenth Day of June one thousand seven hundred and eleven, it should and might be lawful to and for the Court of Assistants of the said Company, for the Time being, or the major Part of them present, to make such By-laws and Ordinances for the good Rule and Government of the said Company, as they should think fit, so as the same should be always first approved of, or from time to time altered and amended by the Court of the Mayor and Aldermen of the City of London , and likewise allowed and confirmed according to the Form of the Statute in that Behalf made and provided; and that from and after the said tenth Day of June there should be yearly elected and chosen by the next Court of Mayor and Aldermen to be held after the tenth Day of June out of the six Wardens of the said Company for the Time being, to be nominated by the said Court of Assistants, one fit Person to be a Master of the Art or Mystery of Fishermen; and also out of twelve Assistants to be nominated as aforesaid, six fit Persons to be Wardens of the said Art or Mystery (whereof the Water Bailiff of the City of London for the Time being to be one) and in like Manner, out of sixty of the Commonalty, to be nominated as aforesaid, thirty fit Persons to be Assistants of the said Company; which said Master, Wardens and Assistants, or any sixteen of them, together with three of the said Wardens, should be, and were thereby constituted the Court of Assistants of the said Company, for the Time being; and were required to meet and assemble together, from time to time, on the firstTuesday in every Calendar Month in the Year, in the Hall of the said Company, in order to form the said Court of Assistants, and keep the same for regulating and reforming Abuses committed in the said Fishery; and for the due ordering and Governance of the said Company: And whereas in pursuance of the said Act of Parliament, certain By-laws and Ordinances were made for regulating the said Fishery, and reforming Abuses committed therein, but the said Company having ceased to act from about the Year one thousand seven hundred and twenty-seven, and most of the Members thereof being dead, the Regulations in the said Fishery intended by the said Act have not taken Place, and the several Laws now in Force for the Preservation of the said Fishery, have hitherto proved ineffectual, and by the unwarrantable Practices used by Fishermen and others, the Brood and Fry of Fish in the said River and Waters of Medway have been greatly hurt and destroyed: For Remedy whereof, and for the better preserving the Spawn, Fry and young Brood of Fish in the said River of Thames , and also in the Waters Medway , so far as the same are within the Jurisdiction of the Mayor of the City of London , as Conservator of the River of Thames , and Waters of Medway , and for preventing the Fishing therein with unlawful and unsizeable Nets, Engines or other Devices; and for the ascertaining the Times, Seasons, and Manner of fishing in the said River and Waters, and the Size and Kind of Nets and Engines to be used in Fishing in the said River and Waters; and for regulating the said Fishery, and reforming Abusestherein; and for the more speedy and effectual apprehending and punishing the Offenders;' Be it enacted by the King'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 the Court of the Mayor and Aldermen of the said City ofLondon for the Time being, shall have full Power and Authority, and they are hereby required on or before the twenty-ninth Day of September in the Year of our Lord one thousand seven hundred and fifty-seven, to make, frame and set down in Writing, such reasonable Rules, Orders or Ordinances, for the governing and regulating all Persons who shall fish or drudge in the said River of Thames , and also in the said Waters of Medway (within the said Jurisdiction of the said Mayor, as Conservator as aforesaid) as Common Fishermen or Drudgermen, or otherwise; and for Declaration in what Manner they shall demean themselves in Fishing, and with what Manner of Nets and Engines, and at what Times and Seasons they shall use Fishing in the said River and Waters of Medway , within the Jurisdiction aforesaid, and for ascertaining the Assize of the several Fish to be there taken; and for the Preservation from time to time of the Spawn and Fry of Fish in the said River and Waters, within the Jurisdiction aforesaid; and for obliging every Common Fisherman or Drudgerman, or other such Person who shall fish with a Boat, Vessel or Craft, from and after the said twenty-ninth Day of September one thousand seven hundred and fifty-seven, in the said River of Thames , and in the said Waters of Medway , within the Jurisdiction aforesaid, to have in his Boat, Vessel or Craft, both his Christian and Surname, and also the Name of the Parish or Place in which he dwelleth, painted in legible and large Characters, in some convenient Place where any one may see and read the same; and for preventing such Name or Mark of Distinction from being changed, altered or defaced; and to annex reasonable Penalties and Forfeitures for the Breach of such Rules, Orders or Ordinances, not exceeding the Sum of five Pounds for any one Offence; and such Rules, Orders and Ordinances, or any of them, from time to time, to alter and amend, and such new and other Rules, Orders and Ordinances, touching the Matters aforesaid, with such reasonable Penalties and Forfeitures (not exceeding five Pounds for any one Offence) from time to time to make, as to the said Court in their Discretion shall seem meet, for the better putting this Actin Execution; so as after the making thereof the same be allowed and approved of, from time to time, by the Lord Chancellor ofGreat Britain , the Lord Keeper or Lords Commissioners of the Great Seal, for the Time being, the Lord Chief Justice of the Court of King's Bench , the Lord Chief Justice of the Court of Common Pleas , the Lord Chief Baron of the Court of Exchequer , or any two of them, who are hereby required, on Request from Time to Time to them, or any two or more of them, made by or on the Behalf of the said Court of Mayor and Aldermen, to peruse and examine all such Rules, Orders or Ordinances, as shall, from time to time, be made by the said Court of Mayor and Aldermen, in pursuance of this Act, and laid before the Lord High Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal, for the Time being, the said Lord Chief Justice of the Court of King's Bench , the said Lord Chief Justice of the Court of Common Pleas , the said Lord Chief Baron, or any two of them, for their Allowance and Approbation; and they, or any two of them, are to allow thereof, or alter the same, before they allow thereof, as they or any two of them, shall from time to time think fit; and for the doing thereof, no Fee or Reward shall be paid or taken.
II The Penalties annexed to the said Rules, confirmed.
II. And be it further enacted by the Authority aforesaid, That no Person or Persons whatsoever shall, within the said Jurisdiction of the said Mayor, from and after the first Day ofNovember one thousand seven hundred and fifty-seven, wilfully take, destroy, spoil, kill, or expose to Sale, or exchange for any Goods, Matter or Thing whatsoever, any Spawn, Fry or Brood of Fish, or Spatt of Oysters, or any unsizeable or unwholsome Fish, or Fish out of Season, or bring such Fish on Shore for Sale, or use or keep any Net, Engine or other Device whatsoever, which shall be prohibited or declared unlawful in and by such Rules, Orders, and Ordinances of the said Court of Mayor and Aldermen of the said City, allowed and approved of as aforesaid; upon Pain of forfeiting and paying, for every Offence, such Sum and Sums of Money as in and by such Rules, Orders or Ordinances, shall be respectively appointed, and to be recovered in such Manner as is herein after mentioned.
III The Rules to be printed and published.
III. Provided nevertheless, and be it enacted by the Authority aforesaid, That such Rules, Orders and Ordinances, so to be from time to time made by the said Court of the Mayor and Aldermen, shall, within thirty Days after the same shall be allowed and approved of as aforesaid, be printed and made publick in such Manner as the said Court shall think proper, and from Time to Time order.
'IV. And to the Intent the said Court of the Mayor and Aldermen of the said City may be the better informed what Rules, Orders and Ordinances may be proper to be made from Time to Time, for the better Regulation and Preservation of the said Fishery;' Be it further enacted by the Authority aforesaid, Thatthe said Court shall at some Time or Times between the twenty-fifth Day ofJune and twenty-ninth Day of September next, and so yearly for ever thereafter, (if Occasion shall so require) between the twenty-fifth Day of June and twenty-ninth Day of September in every Year, order to be summoned before them such and so many Persons who shall fish in the said River of Thames , or Waters of Medway , within the Jurisdiction aforesaid, as common Fishermen or Drudgermen (not exceeding twelve in Number) as to the said Court shall seem meet...
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