Salmon Fishery Act 1865
| Year | 1865 |
(28 & 29 Vict.) C A P. CXXI.
[5th July 1865]
'WHEREAS by the Thirty-thirdSection of the ‘Salmon Fishery Act, 1861,’ it is provided that it shall be lawful for the Justices of the Peace assembled at any General or Quarter Sessions of the Peace from Time to Time to appoint Conservators or Overseers for the Preservation of Salmon, and enforcing for that Purpose the Provisions of the said Act within the Limits of the Jurisdiction of such Justices: And whereas no Funds are provided by the said Act for carrying into effect the Purposes thereof, and no Provisions are made for securing the Co-operation of the Conservators of different Counties where a River frequented by Salmon borders on or passes through several Counties: And whereas it is expedient to amend the said Act in respect of the foregoing Particulars, and it is also expedient to make further Provisions for the Removal of illegal fixed Engines, and otherwise to amend the said Act:' 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:
Preliminary.
1 Short title.
1. This Act may be cited for all Purposes as ‘TheSalmon Fishery Act, 1865,’ and this Act and the Salmon Fishery Act, 1861, may be cited together as the ‘Salmon Fishery Acts, 1861 and 1865.’
2 Construction of Act.
2. This Act, so far as is consistent with the Tenor thereof, shall be read as One with the Salmon Fishery Act, 1861.
3 Definition of Terms.
3. In this Act and the Salmon Fishery Act, 1861, the following Words shall have the Meanings herein-after assigned to them, unless there be something in the Subject or the Context repugnant to such Construction; that is to say,
‘River’ shall include such Portion of any Stream or Lake, with its Tributaries, and such Portion of any Estuary, Sea, or Sea Coast, as may from Time to Time be declared, in manner herein-after provided, to belong to such River:
‘Salmon River’ shall mean any River as above defined frequented by Salmon or Young of Salmon:
‘Quarter Sessions’ shall include ‘General Sessions:’
Any Riding, Division, or Liberty of a County having a separate Court of Quarter Sessions shall, for the Purposes of this Act, be deemed to be a County.
Appointment of Conservators.
4 Power to Justices of County to apply for Formation of Fishery Districts.
4. The Justices of a County at any Court of Quarter Sessions held after the passing of this Act (due Notice having been previously given according to the Practice of the said Sessions) may, by Writing under the Hand of their Chairman, apply to One of Her Majesty's Principal Secretaries of State to form into a Fishery District or Districts all or any of the Salmon Rivers lying wholly or partly within their County, and the said Secretary of State may form such District or Districts accordingly, and may include in any District so formed any River or Rivers, or Parts thereof, although not situated in the County on behalf of which the Application is made.
5 Limits of River and of Fishery District how settled.
5. The Limits of a River shall be defined for the Purposes of this Act, and a Fishery District shall be formed, by a Certificate under the Hand of One of Her Majesty's Principal Secretaries of State, describing the Limits of the River or District by a Reference to a Map or otherwise, as to the said Secretary may appear expedient, but no such Certificate shall be granted unless One Month's previous Notice of the Intention of the said Secretary to grant the same, and of the intended Limits of the River or District, has been given by Advertisement in such Newspaper or Newspapers published or circulating within the intended Limits, and in such daily Morning Newspaper or Newspapers published inLondon as may be directed by the said Secretary of State, and when a Certificate has been granted a Copy shall be advertised in such Newspaper or Newspapers.
6 Appointment of Conservators.
6. Where any Fishery District lies wholly within any One County, the Justices of that County in Quarter Sessions assembled shall appoint a Board of Conservators for that District, and shall name the Time and Place at which the First Meeting of any Board so appointed is to be held.
7 Committee for Fishery District in different Counties.
7. Where a Fishery District does not lie wholly within the Limits of One County, the Justices of any County within which any Part of such District lies, assembled at any Court of Quarter Sessions, may apply to the Justices of every other County in that District to appoint at their next Court of Quarter Sessions a Fishery Committee of Three of their Number, to form, with the Fishery Committee of the like Number to be appointed at that Sessions by the County making the Application, a Joint Fishery Committee for the District.
8 Application for Appointment of Joint Committee.
8. An Application under this Act by the Justices of One County to the Justices of another, in respect of the Appointment of a Joint Fishery Committee, shall be made by the Clerk of the Peace of the One County sending, within Fourteen Days after the holding of the Sessions at which the Application is resolved on, to the Clerk of the Peace of the other County, by Post, a Letter requiring the Justices of the other County to appoint a Fishery Committee at their then next ensuing Quarter Sessions, and it shall be the Duty of the Clerk of the Peace making the Application, and of the Clerk of the Peace of every County to whom such Application is sent, to add to the Notice required by Law to be given of the holding of such last-mentioned Sessions a Notice of the Appointment proposed to be made of a Fishery Committee.
9 Appointment of Fishery Committee.
9. At the Quarter Sessions mentioned in the Application the Justices of each County shall appoint a Fishery Committee of Three of their Members; and any County neglecting to make such Appointment shall be deemed to have concurred in any Decision that may be arrived at by the Fishery Committees of the other Counties, or of such of them as may appoint a Fishery Committee.
10 Notice of Appointment of Fishery Committee.
10. The Clerk of the Peace of every County shall, as soon us possible after the Appointment of a Fishery Committee by his County, give Notice by Post to the Clerk of the Peace of every other County in the District, stating in such Notice the Names and Addresses of the Members composing the Fishery Committee of his County, and the Clerk of the Peace of the County that made the Application for such Appointment shall, in the Notice sent by him, name a Time and Place at which the Joint Fishery Committee for such District is to meet.
11 Proceedings of Joint Fishery Committee.
11. The said Joint Fishery Committee, on meeting at the Time and Place aforesaid, shall elect a Chairman, and the Chairman elected at the First Meeting shall, if he is present at the Time appointed for holding any other Meeting, be Chairman of that Meeting; if he is not so present the Members present may choose any One of their Number present to be Chairman of such last-mentioned Meeting.
A Joint Fishery Committee may adjourn from Time to Time and from Place to Place, and One Third of the whole Number of Members appointed shall be a Quorum.
Every Question shall be decided by a Majority of Votes of the Members voting on that Question, and in the event of an Equality of Votes at any Meeting the Chairman shall have a Second or Casting Vote.
The Proceedings of a Joint Committee shall not be invalidated by reason of there being any Vacancy or Vacancies in their Body.
12 Meeting of Joint Fishery Committee.
12. The said Joint Fishery Committee shall proceed to appoint a Board of Conservators for such District, and shall determine the following Matters:
1. The Number of Conservators to be appointed as a Board:
2. The Number of Members of the Board to be appointed by each County in the District:
3. The Names of the First Members of the Board, distinguishing these who are to be considered as appointed by each County:
4. The Time and Place at which the First Meeting of the said Board is to be held:
5. The County by the Quarter Sessions of which the Accounts of the Board are to be audited, herein-after referred to as the Audit County.
Any Member of a Joint Committee may be appointed Member of the Board.
13 Dissolution of a Joint Fishery Committee.
13. When a Joint Committee have completed their Dispositions for the Formation of a Board of Conservators for a District, they shall give Notice by Post of such Dispositions to the Clerks of the Peace of all the Counties in such District, and when such Notice has been given the Joint Committee shall be dissolved.
14 Ex-officio Members of Board.
14. All Justices of the Peace for any County any Part whereof is within the Limits of any Fishery District, being either Owners or Occupiers of any Lands of the Value of not less than One hundred Poundsper Annum abutting upon any Salmon River within the same, and having a Right of Fishing in such River, and all Persons paying under this Act Licence Duty within that District to an...
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