Tweed Fisheries Act 1857
| Jurisdiction | UK Non-devolved |
| Citation | 1857 c. cxlviii |
ANNO VICESIMO & VICESIMO PRIMO
VICTORIA REGIN.E.
*#******************************************#******
Cap.
cxlviii.
An Act to consolidate and amend the Acts for
the more effectual Preservation and Increase of
Salmon, and the Regulation of the Fisheries in
the River
Tweed.
[17th August 1857.]
HERE AS an Act was passed in the Eleventh Year of the
Reign of His Majesty King George the Fourth, intituled
An Act for the more effectual Preservation and Increase of
11
G.
4.
&
the Breed of Salmon, and for better regulating the Fisheries in the 1W4c-llv
River Tweed, and the Rivers and Streams running into the same,
and also within the Mouth or Entrance of the said River; and
another Act was passed in the Sixth Year of the Reign of His late
Majesty King William the Fourth, intituled An Act
to
alter,
amend,
6
& 7
W.
4.
and enlarge the Powers of an Act passed in the Eleventh. Year of the c- lxv-
Reign of His late Majesty, intituled l An Act for the m6re effectual
Preservation and Increase of the Breed of Salmon, and for
better
regulating the Fisheries in the River Tweed, and the Rivers and
Streams running into the same, and also within the Mouth or
Entrance of the said River: And whereas the Salmon Fisheries in
the River Tweed of late Years have been much less productive and
have greatly decreased in Value, and it is of public Importance that
more effectual Means should be adopted for the Preservation and
[Local.] 27 E Increase
W
2410 20° & 21° VICTORIA, Cap.cxWnl
The Tweed Fisheries Act, 1857.
Increase of the Breed of Salmon, and for that Purpose it is necessary
and expedient that the said Acts should be consolidated and amended,
and that further Provisions should be made for the Regulation of the
said Fisheries, for the Removal of Nuisances and Obstructions, and
the Prevention of illegal Fishing in the said River; but these Objects
cannot be effected 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. i. This Act may be cited for all Purposes as
Fisheries Act, 1857." The Tweed
Interpreta-
tion of
Terms.
II.
The following Words and Expressions in this Act shall have
the Meanings hereby assigned to them, unless such Meanings be
repugnant to or inconsistent with the Context; that is to say,
The Expression " the River " shall mean and include the River
Tweed,
and every River, Brook, or Stream which flows or runs
into the said River, and also the Mouth or Entrance of the said
River as described and defined in this Act:
The Word " Salmon" shall mean and include Salmon, Grilse, Sea
Trout, Bull Trout, Whitling, and other Fish of the Salmon
Kind:
The Expressions " fixed Net " and " fixed Engine " shall respec-
tively mean and include Stake, Bag, Bob, Hang, Sole, Stell, and
Cairn Nets, and all Nets, Cruives, Engines, or Devices, of what-
soever Construction or Materials the same may be or however
known or termed, used or which may be used for taking, killing,
leading, or turning Salmon, or for obstructing the free Passage of
Salmon, and fixed to the Soil, or anchored, moored, or fixed or
made stationary in any way whatever:
The Word " Fishery " shall mean a Salmon Fishery in the River:
The Word " Commissioners" shall mean the Commissioners
appointed by this Act, and shall include the Representatives of
Commissioners as herein-after provided:
The Words " Clerk " and " Treasurer" shall mean respectively
the Clerk and Treasurer to the Commissioners for the Time
being:
The Word
"Sheriff"
shall mean the Sheriff of the County in
Scotland where the Matter requiring the Cognizance of such
Sheriff shall arise, and shall include the Sheriff Substitute of
such County:
The Words " Justice" and " Justices" shall severally mean a
Justice of the Peace or Two or more Justices of the Peace
acting
20° & 21° VICTORLE, Cap.cxlviii. 2411
The Tweed Fisheries Act, 1857.
acting for the County, City, Liberty, or Place in England or
Scotland where the Matter requiring the Cognizance of such
Justice or Justices shall arise :
The Word "Owner" shall mean any Person or Corporation who
is the Proprietor of a Fishery in the River, or who receives or is
entitled to receive the Rents of such Fishery on his or their own
Account, or as Trustee, Guardian, or Factor for any Person or
Corporation.
III.
From and after the passing of this Act the recited Acts
Recited Acts
shall be and are hereby repealed, and this Act shall commence and repea e '
take effect.
IV. All Rates, Rents, Goods, Debts, Moneys, and other Property Rates and
and Effects whatsoever, heritable and moveable, real and personal,
vested in the
belonging or owing to or held by the Commissioners and Overseers Commis-
acting under the recited Acts, subject to the existing Debts, Lia*
s101161"8,
bilities, Engagements, Contracts, Obligations, and Incumbrances
affecting the same, are hereby vested in and may be lawfully held,
used, exercised, enforced, recovered, and enjoyed by the Commis-
sioners appointed by this Act.
V. All Contracts, Agreements, and other Deeds, Instruments, and Contracts
Writings made, executed, or entered into between any Person and and De(:ds.
i
•
i /-i • • i /-x i o n n to remain in
the said Commissioners and Overseers, or by, to, in favour of, or for
force,
and
the said Commissioners and Overseers, shall be and continue as good, Commission-
valid, and effectual to all Intents and Purposes as if the recited for Debts.
Acts had not been repealed; and the Commissioners shall be liable
for all Debts, Obligations, and Engagements of the said Commis-
sioners and Overseers due and owing at the Time of the passing of
this Act.
VI.
All Actions, Suits, and Proceedings at Law or in Equity, and Actions not
all Arbitrations, to which the said Commissioners and Overseers at the ° a a e"
Time of the passing of this Act have been or are Parties, are hereby
specially saved and reserved entire, and ohall not be prejudiced or
affected by anything in this Act contained, and may be proceeded in
by or against the Commissioners without the Necessity of intimating
such Action, Suit, Proceeding, or Arbitration to the Commissioners,
or making them formally Parties thereto ; and all Offences against the
Provisions of the recited Acts, or either of them, committed before
the passing of this Act, may be prosecuted, and all Penalties and
Forfeitures incurred by reason of such Offences may be sued for and
recovered, by the Commissioners in the same Manner in all respects
as if the recited Acts had not been repealed.
VII.
Not-
To continue reading
Request your trial