Rochester Oyster Fishery Act 1865

Publication Date:January 01, 1865
Rochester Oyster Fishery Act 1865

(28 & 29 Vict.) c. ccxxvii

An Act for the better Regulation of the Rochester Oyster Fishery; and for other Purposes.

[5th July 1865]

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.] W 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 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 cannot obtain a Loan of further Monies for the Purpose, and cannot provide 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 Provisions 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 28 & 29 VICTORIA, C^.ccxxvii. 3275 Rochester Oyster Fishery Act, 1865. 2. The " Commissioners Clauses Act, 1847," (except so far as any Parts of of the Sections or Provisions thereof are expressly excepted or varied 10&11 Vict. by this Act,) is incorporated with and forms Part of this Act; pro- SjSftei0"" vided that the following Provisions of that Act are not incorporated with this Act: (a.) With respect to the Qualification of Commissioners : (b.) With respect to the Election and Rotation of the Commissioners : (c.) With respect to the Meetings and other Proceedings of the Commissioners, and their Liabilities, except Sections 48 to 52, both inclusive. 3. In this Act the following Words and Expressions have the Interpretation of Terms. following Meanings ; (that is to say,) tion of (a.) " The Court" means the Court of Admiralty of the Corporation : (b.) " The Jury " means the Jury from Time to Time impannelled and sworn under the recited Act as amended by this Act : (c.) "The present Debt" means so much of the several Principal Monies and Arrears of Interest respectively specified in the First Schedule to this Act annexed as from Time to Time remains unsatisfied: ( /.) "The present Creditors" means the Persons from Time to Time entitled to the present Debt: (e.) "The Mortgagees" means the Mortgagees from Time to Time under this Act: (/) " The Committee " means the Committee from Time to Time appointed under this Act by the Mortgagees, or, as the Case requires, by the present Creditors: (g.) "The Three Bodies "means the Jury and the Two Committees : (h.) "The current Year" means the respective Year beginning with the First Day of July in One Year and ending with the Thirtieth Day of June in the then next Year: (i) " The current Year's Mortgages" means the Mortgages from Time to Time granted under this Act for securing Monies raised for the Purposes of the current Year: (j.) " The postponed Mortgages" means the Mortgages from Time to Time granted under this Act for securing Monies raised tor the Purposes of Years preceding the current Year: (k.) " Oysters " includes Oysters Were Brood and Spat. 4. The several Words and Expressions to which, by the Act in Same Mean- part incorporated with this Act, Meanings are assigned, have in this ^SaJ Act the same respective Meanings, unless excluded by the Subject or corporated Context: 3276 28 & 29 VICTORIA, Cp.ccxxvii. Rochester Oyster Fishery Act, 1865. Acts as in this Act. Limits of Act. Context; provided, that the Expression " Superior Courts," or " Court of competent Jurisdiction," or any other like Expression in this Act, shall be read and have Effect as if the Debt or Demand with respect to which the Expression is used were a common Simple Contract Debt, and not a Debt or Demand created by Statute; and the Expression "the Commissioners" means " the Jury." 5. The Limits of this Act are the ancient Limits of the Fishery. Execution of Act. Jurisdiction 6. The Court from Time to Time shall have full Jurisdiction and of Court for Authority, for all the Purposes of this Act, with respect to the Court, and may make all such Inquiries, and take all such Evidence, and make and enforce all such Orders, including Orders for the ascertaining and paying of Costs, and all such Rules and Regulations for the due Execution of this Act by or under the Authority of the Court, as the Court from Time to Time think just; Provided that all Rules and Orders of the Court immediately before the passing of this Act in force shall, until repealed or altered under this Act by the Court, remain in full Force, and the same may be altered or repealed when and as the Court think fit. Summons for 7. For the Purposes of the recited Act as amended by this Act, holding and this Act, the Court may from Time to Time be summoned by at least Three Days Notice in Writing from the Mayor of Rochester, to the Aldermen ; and the Mayor may summon a Court whenever he is thereunto requested in Writing by the Foreman of the Jury, or by any Three or more of the Jury, or by any Member of either of the Two Committees; provided that if and whenever, for any Cause, the Mayor fails for Two Days to comply with the Requisition, then the Court shall be summoned by the Town Clerk of Rochester. Court may 8. For the Purposes of the recited Act as amended by this Act, be adjourned and this Act, the Court may be adjourned from Time to Time, or monecT" untu summoned, and may be held at the Times to which it is adjourned and at the Times for which it is summoned. Declaration instead of Oath by Jurymen. 9. The Form of Oath set forth in the recited Act as the Oath to be administered to every Juryman (as an Addition to the usual Oath) is by this Act repealed, and instead thereof every Juryman, in addition to the usual Oath, shall at every Court make and sign a Declaration to the Effect following: J A.B. do solemnly declare, That I will faithfully and impartially, ' and according to the best of my Skill and Judgment, execute all the Powers and Authorities reposed in me as a Juryman by virtue of the Act of the Second Year of George the Second, Chapter ' Nineteen, for regulating, well ordering, governing, and improving 'the 28 & 29 VICTORIA, Cap.ccxxm. 3277 Rochester Oyster Fishery Act, 1865. ' the Oyster Fishery in the River Medway and Waters thereof, ' under the Authority of the Mayor and Citizens of the City of Rochester in the County of Kent, and the " Rochester Oyster 'Fishery Act, 1865,"respectively.' X.\j. i\uy jlciduu nuu xaiomy ui luuupuy maces auu suuscriDes raise Uecla-...

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