[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/fa1842166.txt

[New search] [Help]

FISHERIES (IRELAND) ACT 1842

FISHERIES (IRELAND) ACT 1842 - LONG TITLE

An Act to Regulate the Irish Fisheries.{1}
[10th August 1842]
The Act was repealed by the Fisheries Act (NI) 1966 (c.17) and the
Fisheries Amendment (NI) Order 1981 (NI 7) with the exception of
the provisions set out below which remain in force in so far as
they are applicable for the purposes of the Whale Fisheries
(Ireland) Act 1908 (c.31)

FISHERIES (IRELAND) ACT 1842 - SECT 86
Officers and men of Her Majesty's cruisers, and officers and men of
coast guard service, may enforce provisions of this Act.

86. It shall and may be lawful for such officers and petty
officers belonging to the cruisers of Her Majesty's navy, and for
such officers and men of the coast guard stations as shall be
thereunto authorized by the commissioners of Her Majesty's customs,
at such times and in all such places, and subject to such
directions and regulations, as the said commissioners of customs
shall from time to time think fit to prescribe, to go on board
any vessel employed in fishing, and examine the certificate of
registry and nets of such vessel, and whether the regulations of
this Act have been complied with, and whether the master and other
persons on board such vessel are carrying on the said fishery in
the manner hereby required, and to seize any illegal nets or
engines, or any nets or engines used contrary to the provisions of
this Act, or any of the orders, regulations, or bye laws made by
said commissioners; and it shall be lawful for the officers and men
employed in the coast guard service in Ireland to execute, for the
purposes of this Act, on sea or on land, the warrants of any
justice or justices, as fully and effectually as any person or
persons authorized and empowered to execute warrants of any justice
or justices in Ireland may now execute the same on land within
their respective districts, and also to do all such other acts on
sea or land in relation to the preservation of the peace among
persons engaged in fishing, and the enforcement of the provisions of
this Act, as any constable may lawfully do within his jurisdiction.

FISHERIES (IRELAND) ACT 1842 - SECT 87
Offenders may be apprehended if they refuse to tell their names or
to desist from the offence.

87. When any person shall be found, at sea, or on rivers, lakes
or other waters, or on land, offending against any of the
provisions of this Act by the use of any illegal net, engine, or
device whatsoever for the taking of fish, or by the use of any
net, engine, or device prohibited at such time, or in any other
manner, it shall be lawful for any officer or person herein-before
empowered to enforce the provisions of this Act, or for any person
interested in the fishery in which such illegal act may be
committed, to require the person so found offending forthwith to
desist from such offence, and also to tell his christian name,
surname, and place of abode; and in case such person shall, after
being so required, refuse to tell his real name or place of abode,
or shall give such a general description of his place of abode as
shall be illusory for the purpose of discovery, or shall wilfully
continue such offence, it shall be lawful for the officer or person
so requiring as aforesaid, and also for any person acting by his
order and in his aid, to apprehend such offender, and to convey
him or cause him to be conveyed, as soon as conveniently may be,
before a justice of the peace, to be dealt with according to law:
Provided always, that no person so apprehended shall on any pretence
whatsoever be detained for a longer period than twenty-four hours
from the time of his apprehension before he shall be brought before
some justice of the peace; and that if he cannot, on account of
the absence or distance of the residence of any such justice of
the peace, or owing to any other reasonable cause, be brought
before a justice of the peace within such twelve hours as
aforesaid, then the person so apprehended shall be discharged, but
may nevertheless be proceeded against for his offence by summons or
warrant, according to the provisions herein-after mentioned, as if no
such apprehension had taken place.

FISHERIES (IRELAND) ACT 1842 - SECT 89
Commissioners, &c. may apprehend offenders.

89. It shall be lawful for the said commissioners, or any officer
appointed by them for the purposes of this Act, to use and
exercise all and every the powers and authorities for enforcing the
provisions of this Act and the apprehension of offenders by this
Act conferred upon the officers of Her Majesty's cruisers and of
the coast guard stations and water bailiffs respectively.

FISHERIES (IRELAND) ACT 1842 - SECT 90
Penalty on opposing or assaulting commissioners, &c. in execution of
this Act, &c.

90. If any person shall assault, resist, or obstruct any of the
said commissioners, or any person acting by their authority, or any
officer of Her Majesty's navy or coast guard, or any person acting
under him or them, or any water bailiff, in the execution of any
of the powers conferred on him or them by this Act, or by any
rule, order, or bye law, to be made in pursuance of this Act as
aforesaid, or if the master of any fishing vessel shall refuse to
produce his certificate of registry when thereunto required by any
such commissioner, officer, or person, every person so offending
shall for every such offence forfeit and pay any sum not exceeding
ten pounds.

FISHERIES (IRELAND) ACT 1842 - SECT 91
Commissioners may make bye-laws for protection and improvement of
fisheries.

91. It shall be lawful for the said commissioners from time to
time, as may become necessary, to make and ordain such bye laws,
rules, orders, and regulations (in addition to those herein
specifically required to be made), as to them the said commissioners
shall seem expedient for the more effectual government, management,
protection, and improvement of the fisheries of Ireland, and the
registry of all boats engaged therein, and from time to time to
repeal, rescind, or vary the same, and substitute others in lieu
thereof, and to impose and prescribe any conditions and restrictions
for the regulation of the said fisheries, and the preservation of
good order among the persons engaged therein, and in relation to
the times and seasons at which the taking the several species of
fish shall commence and cease, or the times and places or the
manner at and in which any trammel, trawl, or other net or nets,
engine or engines to be employed in the said fisheries shall be
used, and also as to the description and form of nets to be used
in the said fisheries, and the size of the meshes thereof, or to
the prohibition thereof or of any practice whatsoever tending in the
opinion of the said commissioners to impede the taking of fish or
to be in any manner detrimental to the said fisheries, or as to
any other matter or thing which shall in any manner relate to the
government and protection of the said fisheries; and it shall be
lawful for the said commissioners to impose any penalty not
exceeding five pounds in all cases where any penalty is not fixed
by this Act, for any breach of such bye laws, rules, orders, and
regulations, and to direct that all nets, engines, or other
instruments whatsoever used contrary to any of such bye laws, rules,
orders, or regulations shall be forfeited, destroyed, or removed, as
the case may require: Provided always, that all such bye laws,
rules, orders, and regulations be not repugnant to any law or
statute in force in Ireland, and shall not injure the effective
working power of any mill or factory, and shall be approved of and
confirmed by the lord lieutenant in council; and all the said bye
laws, rules, orders, and regulations, when so approved and confirmed,
shall be binding and conclusive on all persons, as if the same had
been contained in and enacted by this Act.

FISHERIES (IRELAND) ACT 1842 - SECT 92
Copies of intended bye-laws to be sent to chief clerk, &c. and
notice given thereof.

92. Provided always that one month at least before such bye laws,
rules, and regulations shall be laid before the lord lieutenant in
council, for his approval, a copy of the same shall be deposited
with the [chief clerk for each county court division] in Ireland in
which such bye laws, rules, and regulations are proposed to be
enforced, and with the clerks of the petty sessions for each
district in which it is proposed the same shall be enforced; and a
notice of the lodgment thereof shall be posted at the usual places
for posting notices in each such petty session district; and it
shall be lawful for any party who may consider himself aggrieved by
any such intended bye laws, rules, and regulations, to appeal to
the lord lieutenant in council against such intended bye laws,
rules, and regulations.

FISHERIES (IRELAND) ACT 1842 - SECT 96
Jurisdiction of magistrates of maritime counties shall extend to
offences against this Act at sea.

96. The jurisdiction of each and every justice or justices of the
peace of every place within or belonging to all counties, or
counties of cities or towns in Ireland, any part whereof shall
adjoin the sea coast, or any of the estuaries thereof, shall be
and the same is hereby extended to all and every offences or
offence against the provisions of this Act, or any of the bye
laws, rules, orders, or regulations (hereby authorized to be made)
committed by fishermen and others engaged in fishing, or by any
person or persons whatsoever while at sea, as fully and effectually
to all intents and purposes as if the said offences or offence had
been committed upon land within his or their present jurisdiction or
jurisdictions respectively; and it shall and may be lawful for the
said justice or justices to issue his or their warrant for the
arrest or apprehension of any of the said fishermen or others so
offending as aforesaid, whether he or they shall happen to be upon
land within any part of the kingdom or in any vessel at sea, and
employ any person or any of the ways and means for causing such
apprehension or arrest to be made as such justice or justices are
now authorized and empowered to do in case the said offence had
been committed upon land within his or their respective jurisdiction
or jurisdictions; and the said justice or justices shall have the
like powers or remedies for the apprehension, committal, or
punishment of fishermen and other persons so offending at sea as
aforesaid, either against this Act or any of the bye laws, rules,
and regulations to be made in pursuance thereof; and also the said
justice or justices shall have the like powers and remedies for the
seizure at sea of the vessels or other goods and chattels of the
said fishermen or other persons so offending as aforesaid, as he or
they possess by any law or statute now in force, or shall under
this Act possess, in case the said offence or offences had been
committed upon land, or the said goods and chattels had been upon
land within his or their respective jurisdiction or jurisdictions.

FISHERIES (IRELAND) ACT 1842 - SECT 103
Illegal nets shall be brought before magistrates at petty sessions
and destroyed;

103. In case any officer or person hereby authorized and empowered
to seize illegal nets or engines or nets or engines of a legal
form and size when used contrary to the provisions of this Act or
any of the bye laws to be made in pursuance hereof, shall seize
the same, it shall and may be lawful for him to retain the same
in his custody until the next sitting of the petty sessions court,
or any adjournment thereof, in the district where the same shall be
seized; and at such petty sessions court it shall and may be
lawful for the justices to order and direct the same to be
forfeited, and, in case the same shall be such as cannot be
legally used under the provisions of this Act, to order the same
to be destroyed; and in case the same shall be such as may be
legally used according to the provisions of this Act, then and in
such case it shall be lawful for such justices to order the same
to be sold, and the money arising therefrom to be applied in the
same manner as the penalties thereby imposed for violation of the
provisions of this Act are hereby directed to be applied.






BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback |
Donate to BAILII

URL: http://www.bailii.org/nie/legis/num_act/fa1842166.txt