S.I. No. 177/1934 - River Erne (Tidal Waters) Order, 1934.

STATUTORY RULES AND ORDERS. 1934. No. 177.

RIVER ERNE (TIDAL WATERS) ORDER, 1934.

WHEREAS it is enacted by sub-section (1) of section 2 of the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), that the Minister for Agriculture may, with the concurrence of the Minister for Finance from time to time by order declare that the said Act applies to the tidal waters of any particular river or estuary in which, for not less than twenty years before the 1st day of January, 1933, a several or exclusive fishery was believed to exist and was enjoyed as of right, but in respect of which it was, after the 1st day of January, 1933, (whether before or after the passing of the said Act) judicially determined in a court of competent jurisdiction that no several or exclusive fishery existed in such tidal waters;

AND WHEREAS for not less than twenty years before the 1st day of January, 1933, a several or exclusive fishery was believed to exist and was enjoyed as of right in the tidal waters specified and defined in the Schedule to this Order;

AND WHEREAS it was on the 31st day of July, 1933, judicially determined by the Supreme Court, in an action wherein Robert Lyon Moore and others were plaintiffs and the Attorney-General and William Goan and others were defendants, that no several or exclusive fishery existed in such tidal waters;

NOW, THEREFORE I, SEAMAS Ó RIAIN, Minister for Agriculture, in exercise of the powers conferred on me by sub-section (1) of section 2 of the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), and of every and any other power me in this behalf enabling do, with the concurrence of the Minister for Finance testified by his signature hereto, hereby order as follows, that is to say:—

1.—(1) This Order may be cited for all purposes as the River Erne (Tidal Waters) Order, 1934.

(2) This Order shall come into operation on the 21st day of July, 1934.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. It is hereby declared that the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), applies to the tidal waters specified and defined in the Schedule to this Order.

Given under my Seal of Office, this 13th day of July 1934.

SÉAMAS Ó RIAIN,

Minister for Agriculture.

I concur in the making of the foregoing Order.

SÉAN MACENTEE,

Minister for Finance.

SCHEDULE.

The tidal waters of the River Erne, in the No. 13 or Ballyshannon District, that is to say, the waters from the boundary between the tidal and freshwater portions of the said River Erne and from the boundary between the tidal and freshwater portions of the Abbey River to the mouth of the said River Erne, the said boundaries having been defined by Order (Definition No. D. 128) made on the 3rd day of May, 1934, by the Minister for Agriculture under the fisheries Acts, 1842 to 1925, and the said mouth having, on the 9th day of May, 1864, been defined and marked on a map or plan of the said River Erne by the Special Commissioners appointed under the Salmon Fishery Act, 1863.