Herring Fisheries (Scotland) Act 1867
| Jurisdiction | UK Non-devolved |
| Citation | 1867 c. 52 |
| Year | 1867 |
Herring Fisheries (Scotland) Act, 1867
(30 & 31 Vict.) C A P. LII.
An Act to alter and amend the Acts relating to theBritish White Herring Fishery.
[15th July 1867]
Whereas the following Acts were passed for the Encouragement and Regulation of theBritish White Herring Fishery; that is to say, the Acts of Forty-eighth of George the Third, Chapter One hundred and ten; Fifty-first of George the Third, Chapter One hundred and one; Fifty-second of George the Third, Chapter One hundred and fifty-three; Fifty-fourth of George the Third, Chapter One hundred and two; Fifty-fifth of George the Third, Chapter Ninety-four; First of George the Fourth, Chapter One hundred and three; First and Second of George the Fourth, Chapter Seventy-nine; Fifth of George the Fourth, Chapter Sixty-four; Seventh of George the Fourth, Chapter Thirty-four; First of William the Fourth, Chapter Fifty-four; Fourteen and Fifteenth of Victoria , Chapter Twenty-six; Twenty-third and Twenty-fourth of Victoria , Chapter Ninety-two; Twenty-fourth and Twenty-fifth of Victoria , Chapter Seventy-two; Twenty-eighth and Twenty-ninth Victoria , Chapter Twenty-two:
And whereas it is expedient that certain of the Restrictions imposed by the recited Acts as to the Description of Net, or Mode of fishing for and taking Herrings and Herring Fry on the Coasts ofScotland should be removed, and that the recited Acts should be amended in certain other respects:
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, as follows:
1 After passing of Act Restrictions on Mode of fishingfor Herrings removed.
1. From and after the passing of this Act, notwithstanding anything in the recited Acts or any of them to the contrary, it shall be lawful to fish for and take Herrings and Herring Fry at all Places on the Coasts ofScotland , in any manner of way, and by means of any Kind of Net having Meshes of a Size not less than that now permitted or required by Law, and to sell, buy, or have in possession Herrings or Herring Fry so fished for and taken; and in lieu of the larger Penalties imposed by the recited Acts or any of them upon Persons using Nets having Meshes of a Size less than that now permitted or required by Law, every Person who shall fish for Herrings or Herring Fry with a Net having Meshes of a Size less than that now permitted or required by Law shall for every such Offence be liable in a Penalty of not less than Five Pounds and not exceeding Twenty Pounds, together with the Forfeiture of the Net.
2 Section 5 of 23 & 24 Vict. c. 92. repealed.
2. The Fifth Section of the Act passed in the Twenty-third and Twenty-fourth Years of Her present Majesty, Chapter Ninety-two, is hereby repealed, and in lieu thereof it is enacted as follows:
It shall be lawful for the Commissioners of theBritish White Herring Fishery from Time to Time to make such Regulations as they shall think fit for the Preservation of Order among the Persons engaged in the Herring Fisheries on the Coasts of Scotland ,and for preventing such Persons from destroying, injuring, or carrying off each others Nets, or the Fish therein, or Floats, Buoys, or other Fishing Implements or Apparatus; andevery Person who commits any Breach or Contravention of any such Regulations shall be liable to a Penalty of not less than Five and not exceeding Twenty Pounds for every such Offence; and the Boat in or from which such Person shall commit such Breach or Contravention, and all sailing, rowing, or steering Gear connected therewith, may be seized and detained by any Superintendent appointed under the Authority of the recited Acts or any of them, or by any Person acting under his Orders, or by any Officer of the Fishery or by any Person acting under his Orders, or by Order of any Sheriff, Justice of the Peace, or Magistrate having Jurisdiction under the recited Acts or any of them, or under this Act, for such Period, not exceeding Thirty Days, as the Commissioners shall...
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