Rochester Oyster Fishery Act 1865

JurisdictionUK Non-devolved
Citation1865 c. ccxxvii
ANNO VICESIMO OCTAVO & VICESIMO NONO
VICTORLE REGINiE.
Cap.
ccxxvii.
An Act for the better Regulation of the
Rochester
Oyster Fishery; and for other Purposes.
[5th July 1865.]
HEREAS from Time out of Mind there has been an
Oyster Fishery (in this Act called the Fishery) in the
River
Medway
in the County of
Kent,
and in many of the
Creeks and Branches thereof within the Jurisdiction of the Mayor,
Aldermen, and Citizens of the City of
Rochester
(in this Act called
the Corporation), and the Fishery has been free and common to all
Oystermen and Dredgers (in this Act called the Dredgers), after
having served Seven Years Apprenticeship to a Dredger: And
whereas an Act of the Second Year of
George
II. Chapter 19. was
2G.2.
c.
19.
passed, for the well ordering, governing, and improving of the Fishery,
under the Authority of the Corporation, and thereby divers Powers
with respect to the Fishery were conferred on the Court of Admiralty
of the Corporation, and on a Jury of the Dredgers, impannelled and
sworn at the Court, and on Water Bailiffs appointed by the Jury re-
spectively, and Provision was made for the borrowing from Time to
Time, on the Presentment by the Jury, of Money to be expended in
buying and laying down Oysters and the Brood and Spat of Oysters
m the River and Creeks within the Fishery, the Monies so borrowed
[Local] 36 0 to
W
3274 28°
&
29° VICTORIA,
Cap.ccxxvii.
Rochester Oyster Fishery Act, 1865.
to be deemed the common Debt of all the Dredgers, and to be raised
by equal and proportionable Contribution, and Rate, to be assessed on
every Bushel or less Quantity of Oysters taken in the Fishery, as the
Jury should appoint: And whereas divers Sums of Money have
accordingly from Time to Time been borrowed and expended in
laying down Oysters Brood and Spat within the Limits of the Fishery,
and from Time to Time Monies so borrowed have been repaid, but,
owing to the Want of sufficient Capital to be so expended and other
Causes, the Fishery has of late Years not yielded sufficient Oysters for
the Repayment of Monies so borrowed, and there is now a Debt on
the Fishery the Principal of which amounts to Twenty thousand two
hundred and ninety-eight Pounds Fifteen Shillings, as appears by the
First Schedule to this Act annexed, and there is an Arrear of Interest
thereon which, calculated at the Rate of Three Pounds per Centum
per Annum, after giving Credit for the One Half Year's Interest by
this Act directed to be paid, will on the Thirtieth Day of June One
thousand eight hundred and sixty-six amount to Two thousand nine
hundred and thirty Pounds One Shilling and Fivepence, as appears by
that Schedule: And whereas, without the Aid of further Capital for
laying down Oysters Brood and Spat therein, the Fishery cannot yield
sufficient Oysters for the Repayment of that Debt, and the Jury can-
not obtain a Loan of further Monies for the Purpose, and cannot pro-
vide the requisite Capital out of their own Resources: And whereas
the Number of the Dredgers is about Five hundred, of whom many
are resident elsewhere than in or near to Rochester, and less than Two
hundred live there and follow the Calling of Dredgers or Fishermen:
And whereas it is of Importance, not only to the Dredgers but also to
the Public, that the Fishery should be made productive, and in order
thereto that the recited Act should be amended, and further Powers
should be conferred on the Court, and the Powers of the Jurv with
respect to the borrowing, expending, and repaying of Monies should be
extended, and further Provision should be made for the improving and
regulating of the Fishery : And whereas the Dredgers are desirous
and the present Creditors of the Fishery are willing that the Provi-
sions by this Act made with respect to the Fishery and the present
Debt thereon be made : And whereas the Objects of this Act cannot
be attained without the Authority of Parliament: May it therefore
please Your Majesty that it may be enacted; and be it 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; as
follows :
Short Title. 1. This Act may be cited as ''Rochester Oyster Fishery Act
1865."
2.
The

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