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IRISH FISHERIES ACT 1819
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C A P. CIX.
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An Act for the further Encouragement and Improvement of the Irish Fisheries. [12th July 1819.]
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Bounty of 50s. per Ton on Fishing Vessels, not less than 15 Tons Burden, up to 60 Tons.
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Whereas the Improvement of the Irish Fisheries, and more especially the White Herring Fishery, is an Object of the most essential Importance to the Wealth and Commercial Prosperity, as well as to the Naval Strength of the United Kingdom of Great Britain and Ireland; for the Attainment of which it is expedient that more effectual Regulations should be made, in order to the ensuring a due and proper Attention to the curing, sorting and packing of such Herrings and Fish; and that the Credit of the Fisheries of the United Kingdom in our Colonies, and in Foreign Parts may be maintained :’ Be it therefore enacted by The King'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, That a Bounty of Fifty Shillings per Ton shall be paid annually out of His Majesty's Revenues under the Management of the Commissioners of Customs and Port Duties in Ireland, to the Owner or Owners of all such decked Vessel or Vessels of not less than Fifteen Tons Burden, or to the Person or Persons hiring or chartering such Vessel or Vessels, which now are or hereafter shall be fitted out from any Port in Ireland, for fishing and curing Fish in the Irish Fisheries, in manner and under the Conditions hereinafter mentioned: Provided always, that no Bounty shall be paid on any such Vessel or Vessels for any greater Number of Tons than Sixty.
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Conditions on which such Vessels shall obtain Bounty, as to Residence of Owners, Quantity of Salt on board, Registry, &c.
Form of Certificate to be transmitted to Commissioners by Officer as to Fitness of Vessel for the Fishery.
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II. And be it further enacted, That no such Vessel shall be entitled to the said Bounty, or any Part thereof, unless such Vessel or Vessels shall be of British or Irish Built, or be a Prize Vessel legally condemned in any of His Majesty's Courts of Admiralty, nor unless such Vessel shall be owned by Subjects having their known and settled Place of Residence for themselves and Families in Ireland, for Six Months at least previous to their sailing, for the purpose of fishing and curing Fish as aforesaid; and if such Vessel shall be entered or intended for the Herring Fishery, such Vessel shall have on board, barrelled up in new Barrels, Sixteen Bushels of Salt for every Twelve Barrels of Fish which such Vessel is capable of containing; and if such Vessel shall be entered for the White Fishery, then such Vessel shall have on board Nine Tons of Salt for the first Fifteen Tons which such Vessel shall measure, and one additional Ton of Salt for every Six Tons which such Vessel shall measure above Fifteen Tons; nor shall such Vessel be entitled to the Bounty aforesaid, unless registered with the Collector or other Chief Officer of the Port to which such Vessel shall belong, if for the Herring Fishery, between the First Day of June and the Twenty fifth Day of December, and if for the White Fishery, on or before the Twenty fifth Day of March, in each and every Year, and shall proceed without Delay to such Place of general Rendezvous as shall be appointed by the Commissioners of the Irish Fisheries to be appointed in manner hereinafter mentioned, and shall continue to fish for Three Months from the Time of commencing to fish, after Arrival at the Place of Rendezvous, or until such Vessel shall have taken and cured a full Cargo of such Fish; and the Collector or other Chief Officer of such Port as aforesaid, or such other Officer as shall be appointed for that Purpose, shall take an Account of the Admeasurement of such Vessel in the Mode prescribed for the Admeasurement of Vessels, by the Acts now in force for the Prevention of Smuggling in Great Britain and Ireland; and such Officer shall transmit to the said Commissioners of Fisheries a Certificate in Manner and Form following; viz.
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‘I do hereby certify, That I have been on board the Vessel called The whereof is Master, now lying in this Port, and bound to the Fisheries; and upon a strict Examination and Admeasurement, do find her to be a decked Vessel, built in that Part of the United Kingdom of Great Britain and Ireland called of the Burden of Tons; that her Owners do to the best of my Belief reside in this Kingdom; that she is in all respects, according to my Judgment and Belief, a sound, well built, well found and proper Vessel to be employed in the said Fisheries, and has also the Quantity of Salt on board specified in this Act: Dimensions of the above Vessel; viz. in Length, in Breadth, making Tons.’
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Visit and Certificate of Inspection of Vessels at the general Rendezvous.
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III. And be it further enacted, That no Vessel shall be entitled to the said Bounty, or any Part thereof, unless upon her Arrival at the general Rendezvous, as hereinafter mentioned, she shall be visited by the Inspector, Surveyor of the District, or other Officer to be appointed for that Purpose, who shall certify in the following Words; viz.
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‘I do certify, That the Fishing Vessel called The arrived in this Port the Day of One thousand ; that I boarded the said Vessel; that she is a decked Vessel; that I have examined her Register and Certificate of Admeasurement, from which it appears to me that she is of Tons Burden, and has on board Bushels of Salt, and Barrels, as prescribed by this Act. Certified this Day of One thousand eight hundred and .’
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And if, notwithstanding her said Register, it shall otherwise appear to the Inspector or Surveyor, or other Officer as aforesaid, that the Articles therein mentioned are not on board, the said Inspector, Surveyor or other Officer, shall report the Matter to the Commissioners of the Fisheries; and such Vessel shall not be entitled to any Bounty for the Fishing Season for which she shall have been cleared out.
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No Bounty unless Entry (without Fee) of Vessel returning from Fishing.
Certificate by Landwaiter of Discharge of Fish, &c.
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IV. And be it further enacted, That no Vessel shall be entitled to the said Bounty, or any Part thereof, unless upon her Return into any Port of Ireland for her Discharge, the Person intending to claim Bounty by virtue of this Act shall, by himself or his Assignee, make due Entry of all Fish on board such Vessel, in such manner as Entries of imported Goods are made according to Law (for which Entry no Fee shall be paid); and subject to like Penalties, in case of Over Entry, as are incurred for short or undue Entry of Goods imported, by any Law or Statute now in force in Ireland; and that the Landwaiter who, in pursuance of the Warrant of the said Entry, shall discharge the said Fish, shall certify the same to the Collector or Comptroller of such Port; and such Landwaiter, or such other Officer as shall be for the purpose appointed, under the Provisions of this Act, shall also certify the Condition of such Vessel, and her Lading, and whether the Fish shall have been made up in Bulk or in Barrels, with the Quantity of each, and whether the Fish be well barrelled or packed, and certify the same.
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No Bounty unless Journal of Vessel kept, &c.
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V. And be it further enacted, That no Vessel shall be entitled to the said Bounty, or any Part thereof, unless a Journal be delivered by the said Master to the Collector of the Port, which shall contain a true Account of the Transactions on board such Vessel, and kept by himself or one of his Crew; nor unless the said Vessel went out to Sea with the Equipment prescribed by this Act, for the purpose of fishing and curing Fish only, and for no other purpose whatsoever, and was not otherwise employed during the Fishing Voyage of such Vessel.
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Journals and Certificates to be sent to Commissioners of Irish Fisheries.
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VI. And be it further enacted, That all the said several Certificates and Journals shall be transmitted by the Collector, Comptroller, Inspector or other Officer appointed as aforesaid, to the Commissioners of the Irish Fisheries; and the said Bounty shall not be paid until the said Commissioners be satisfied of the faithful Dealings and Transactions of the said Master and other Persons employed in such Vessel, with respect to such Voyage and Fishing.
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Distribution of Tonnage Bounty.
No greater Bounty than for 60 Tons, nor greater than 50s.
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VII. And be it further enacted, That of the aforesaid Bounty of Fifty Shillings per Ton, by this Act granted, no more than Twenty Shillings per Ton shall be paid for or on account of any such Vessel, unless it shall appear to the Satisfaction of the Commissioners of the Irish Fisheries, that the Fish was actually taken or bought by the said Vessel on the Voyage for which such Vessel claims such Bounty, and that the same was landed well cured in found merchantable Order in some Port in Ireland; in which Case, out of the remaining Thirty Shillings of such Bounty, the Owner or Master shall receive Six Shillings only per Barrel for every Barrel containing Thirty two Gallons English Wine Measure, wherein good, found, well cured and merchantable Herrings, gutted with a knife, shall be packed; and a Bounty of Four Shillings only for every Barrel of good, found, well cured and merchantable Herrings, Pilchards and Mackerel not so gutted; and for every Hundred Weight of well cured dried Lyng, Hake, Haddock, Glassen, Cod or Conger Eel, Four Shillings only of such Bounty as aforesaid: Provided always, that no greater Bounty shall be paid on any Vessel or Vessels than for Sixty Tons, let her Admeasurement be what it may; nor shall there be paid on any Vessel a greater Amount of Bounty in the whole than Fifty Shillings per Ton on such Admeasurement, including the before mentioned Bounty of Twenty Shillings per Ton.
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Bounty payable on Half Barrels.
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VIII. Provided always, and be it enacted, That for all such Fish cured and landed in Half Barrels, there shall be paid and allowed the Bounties aforesaid, in the same Proportion, and under the same Rules, Restrictions and Regulations, as is herein enacted with respect to Herrings cured and landed in Barrels.
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Rendezvous appointed by Commissioners.
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IX. And be it further enacted, That it shall and may be lawful for the said Commissioners of the Irish Fisheries, and they are hereby empowered and directed, to appoint general Places of Rendezvous on any Part of the Coasts of Ireland, for such Vessels as aforesaid, proceeding upon such Fishery, as shall appear to them fitting for such Purpose, and shall give due Notice of the Places so to be appointed.
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Bounty of 3l. per Ton of Oil extracted from Whales, and from other Fish taken on the Coast; and also 4l. for every Cwt. of Whalebone.
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X. And be it further enacted, That for an Encouragement to all His Majesty's Subjects of the United Kingdom of Great Britain and Ireland, who shall engage in the said Fisheries, there shall be paid out of His Majesty's Revenue under the Management of the Commissioners of Customs and Port Duties, a Bounty of Three Pounds per Ton for every Ton of Oil extracted from Whales, and Three Pounds per Ton for every Ton of Oil extracted from other Fish, taken on the Coasts of Ireland and manufactured therein, or an equivalent Bounty on the Blubber on its Importation, as the Commissioners of the Irish Fisheries may in their Discretion think fit to appoint; and also a Bounty of Four Pounds for every Hundred Weight of all Fins of Whales, commonly called Whalebone, taken on the Coasts of Ireland, and manufactured therein.
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Bounties of 3s. per Barrel on Herrings, &c. and 4s. per Barrel on cured Cod, &c.
But not on Fish in respect of which the Tonnage Bounty has been paid.
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XI. And be it further enacted, That in order to give Employment and Encouragement to the industrious Poor residing on the Coasts of Ireland, there shall and may be paid a Bounty of Three Shillings per Barrel, to all Persons residing in Ireland, who shall cure and pack Herrings, Pilchards and Mackerel, according to such Rules and Regulations as the said Commissioners of the Fisheries shall make and appoint for that Purpose; and that there shall be also paid and allowed, under the like Rules and Regulations, to such Persons residing as aforesaid, and curing such Fish as aftermentioned, a Bounty of Four Shillings per Hundred Weight for all dried Cod, Lyng, Hake, Haddock, Glassen or Conger Eel, taken on the Coasts of Ireland: Provided always, that no such Bounty or Bounties shall be paid on account of any Fish in respect whereof any Part of the aforesaid Bounty of Fifty Shillings per Ton shall have been paid, or shall be payable or allowable to the Master or Owner of any Vessel or Vessels; and provided also, that the said Bounty of Three Shillings per Barrel on Herrings, Pilchards and Mackerel, shall not be paid or payable, unless the Inspector or other Officer to be appointed for that Purpose, shall have previously inspected all such Herrings, Pilchards and Mackerel, and branded the Casks containing the same, and shall certify in Writing to the Commissioners of the Irish Fisheries, that such Herrings, Pilchards and Mackerel are properly cured, packed and made up, either for the Home or Foreign Market.
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Collector to give blank Journals to Masters of Fishing Vessels.
Who are to make entries therein.
Penalty.
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XII. And for the more regular keeping the Journals of the Proceedings of such Fishing Vessels, be it further enacted, That at the time any Vessel is entered for the said Fisheries, the Collector of the Port or other Officer appointed for that Purpose, under the Provisions of this Act, shall deliver to the Master or Chief Officer of said Vessel a blank Journal Book, in such Form as the said Commissioners of the Irish Fisheries shall direct or appoint, signed by the said Collector or such other Officer, and ruled under distinct Heads; in which said Master or some one of the Crew above the Age of Fourteen Years, shall enter an Account of the Proceedings of said Vessel, the Soundings upon the Coast and Fishing Banks, the Quantity of Fish taken by said Vessel, and the Quantity bought, and the times when respectively; and in default of so doing, such Vessel shall forfeit such Part of the Bounty as she might otherwise have been entitled to, as the said Commissioners of Fisheries shall think fit.
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Measures for ascertaining Quantity of Herrings taken or bought.
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XIII. And for the better ascertaining the Quantity of Herrings taken and bought, be it further enacted, That every Vessel at the time of being entered for the Fisheries, shall have on board Two Half Barrels, each containing Sixteen Gallons, with which shall be measured the Herrings taken and bought by her; and the Entry in the Journal of the Quantity of Herrings taken and bought, shall be by the Number of Barrels or Half Barrels, and not by Tale or Count.
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Regulation for Size, &c. of Nets.
Using improper Nets, &c.
Unduly placing Nets.
Penalty.
Application of Penalty.
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‘XIV. And Whereas the Quantity of Fish is diminished by Methods of Fishing which destroy the Spawn and Fry of Fish ;’ Be it enacted, That no Drag Net or other Sea Net which hath a Mesh of less than Three Inches and a Half from Knot to Knot, shall be made use of in catching any kind of Fish, (except Herrings, Pilchards, Sprats, Shrimps and Prawns, and small Shell Fish for Bait,) upon any Parts of the Coasts of Ireland, or within any of the Bays, Harbours, Rivers or Creeks thereof, nor shall any false or double Bottom, Cod or Paunch, or any other Net, though of legal Size, be placed upon or behind the other, in order to take and destroy small Fish; and if any Person or Persons shall make use of any Drag Net or other Sea Net which has a Mesh of less than Three Inches and a Half from Knot to Knot, in catching any kind of Fish (except Herrings, Pilchards, Sprats, Shrimps, Prawns and small Shell Fish for Bait) on any Parts of the Sea Coasts of Ireland, or within any of the Bays, Harbours, Rivers or Creeks thereof, shall place any false or double Bottom, Cod or Paunch, or any other Net, though of legal Size, upon or behind any other, in order to take and destroy small Fish; such Person or Persons so offending, and being thereof convicted, upon his or their Appearance, or Default after Summons, before One or more Justice or Justices of the Peace of the County, or Inspector of the District where such Person or Persons so offending hath or have their usual Place of Abode, by the Oath of One or more credible Witness or Witnesses, which Oath such Justice or Justices of the Peace, or Inspector, is and are hereby empowered to administer, or by Confession of the Party offending, shall for every such Offence forfeit and lose such Net or Nets, which such Justice or Justices are hereby empowered to seize and destroy, and shall also forfeit a Sum not less than Forty Shillings, nor exceeding Ten Pounds, to be levied by Warrant under the Hand and Seal of such Justice or Justices of the Peace, or Inspector, before whom such Offender shall be convicted, by Distress and Sale of the Goods of such Offender, the One Moiety thereof to the Person who shall inform and prosecute for the same, and the other Moiety to go and be disposed of to the Use of the Poor of the Parish where such Offender lives; and in case no sufficient Distress or Distresses can or may be had, whereout to levy the said Sum adjudged to be forfeited, that then the said Justice or Justices of the Peace, or Inspector, shall and may, by Warrant under his or their Hands and Seals, commit such Person or Persons to the Common Gaol of the County or Place where such Offender shall be convicted, there to remain for any time not exceeding Thirty Days, unless such Offender shall sooner pay the Penalty so forfeited, upon Payment whereof he shall be discharged forthwith.
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Vessels not to be moored, Nets shot, or Lines laid contrary to Order of Inspector.
Penalty 20l.
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‘XV. And Whereas Shoals of Herrings are frequently frightened from the Entrance of the Bays and Creeks, by Vessels mooring and shooting their Nets in improper Places, and by laying long Lines for taking of Cod and Lyng across the Entrance of Bays and Creeks, and other Irregularities ;’ Be it enacted, That no Vessel on the Coasts of Ireland shall moor or shoot their Nets in any Places which shall be forbidden by the Inspector or other Officer to be appointed; nor shall any Person shoot any Net or any long Line for taking of Cod, Lyng and other Fish, at any time nor in any Place which shall be forbidden by the said Inspector, or other Person duly authorised for such Purpose under the Provisions of this Act, under a Penalty of Twenty Pounds, to be levied in like manner as the other Penalties by this Act directed are appointed to be levied.
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Nets not to be shot, &c. for Herrings in the Day-time,
Penalty 10l.
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XVI. And be it further enacted, That no Nets shall be shot or wet for the taking of Herrings in the Day time, under the Penalty of Ten Pounds, to be recovered against the Owner or Owners of such Nets, or of the Vessel from which such Nets shall be shot or wet, and to be levied by Distress and Sale of his, her or their Goods and Chattels, by Warrant under the Hand and Seal of the Inspector or Inspectors of the Fisheries; and if there shall be no Inspector, then by Warrant of a Justice of the Peace for the County wherein the Party or Parties do reside, and before whom the Offence shall be proved by the Confession of the Party accused, or by the Oath of One or more credible Witness or Witnesses; which said Penalty, when recovered, shall be applied in such manner and to such Uses as the other Penalties hereinbefore mentioned are to be applied.
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Nets not to be shot till after Notice by Inspector,
Penalty 20l.
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‘XVII. And Whereas, notwithstanding the Laws now in force for the Regulation of the Fisheries of Ireland, by the Multitude of Boats that resort to the different Places of Rendezvous, many of which shoot their Nets in the Day time, and begin to fish before the Shoals of Herrings, Pilchards or Mackerel are settled in the Bays and Creeks where they usually resort for Shelter, there is reason to believe that the Fisheries are much injured, and that a Regulation with regard to the time of commencing the Fishery would be of great Advantage ;’ Be it enacted, That in the several Places where Inspectors or other Officers are appointed, and where Orders shall be given for the purpose by the Commissioners of the Irish Fisheries, or any Three of them, who are hereby empowered so to do, no Person shall be at liberty to shoot their Nets, until Notice for such Purpose shall be posted up by the Inspector of the District, under a Penalty of Twenty Pounds, to be levied as other Penalties in this Act directed.
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What Vessels and Fish taken to be within the meaning of this Act.
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XVIII. And be it further enacted, That any Vessel or Boat which shall be laden at any Port or Place in Ireland with Salt in Bulk or in Barrels, intended to be used in the curing of Herrings, Pilchards or Mackerel, in Bulk or in Barrels, such Herrings, Pilchards or Mackerel having been taken by the Master and Crew on any Part of the Coasts of Great Britain, Ireland or the Isle of Man, or purchased fresh by the said Master on any Part of the said Coasts, from the Crews of other British or Irish Boats by whom the same were taken, shall be deemed and taken to be a Vessel or Boat fitted out for the Irish Herring, Pilchard or Mackerel Fishery, within the Meaning of this Act; and where any such Vessel or Boat, having been so fitted out for the Irish Fishery, and having proceeded to any Port of the Coast of Great Britain, Ireland or the Isle of Man, where the fishing of Herrings, Pilchards or Mackerel shall have been carried on, and the Master or Crew whereof shall have there taken or purchased Herrings, Pilchards or Mackerel fresh, and cured the same in Bulk or in Barrels, shall arrive laden therewith in any Port or Place in Ireland, or where any Herrings, Pilchards or Mackerel, taken or purchased, and cured as aforesaid, shall have been transhipped out of any such Vessel or Boat into any other Vessel or Boat which shall arrive laden with the said Herrings, Pilchards or Mackerel in any Port or Place in Ireland, then and in either of these Cases, all such Herrings, Pilchards or Mackerel shall be deemed to have been brought from the Irish Fishery, within the Meaning of this Act.
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Fish or Salt landed, &c. without Presence of Officer, forfeited.
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XIX. And be it further enacted, That if any Fish or Salt, or other Fish in Stores, shall be landed, or shall be unshipped with intent to be landed out of any Vessel or Boat arriving from the Irish Fishery, at any Port or Place where an Officer of the Fishery shall be stationed, without the Presence of such Officer of the Fishery as aforesaid, or shall be landed, or shall be unshipped with intent to be landed at any Port or Place where no Officer of the Fishery shall be stationed, without the Presence of the proper Officer of the Customs, all such Fish or Salt, or other Fishing Stores, shall be forfeited, and shall and may be seized by any Officer of the Fishery, or of the Customs or Excise.
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What Herrings, &c. and in what Barrels.
&c. entitled to Bounty.
Directions for branding, &c. Barrels to entitle to Bounty.
Barrels on which Bounty paid to be produced and branded.
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XX. And be it further enacted, That the Bounties hereby granted per Barrel on Herrings, Pilchards and Mackerel, shall not be paid or allowed for any Herrings, Pilchards and Mackerel which shall not have been taken in the Irish Fishery, or for any Herrings which shall be of bad or indifferent Quality, or for any broken Herrings, Pilchards and Mackerel, or for any Herrings, Pilchards and Mackerel which shall not be in all respects properly cured and packed, or of which the Barrel shall not contain of Fish, exclusive of the Weight of Salt and Brine, Two hundred and twenty four Pounds Weight, except Herrings, Pilchards and Mackerel intended to be exported to any Place out of Europe, which shall and are hereby required to be repacked with Great Salt, the Barrel of which Herrings, Pilchards and Mackerel shall contain Two hundred and twelve Pounds Weight of Net Fish; nor for any Herrings, Pilchards and Mackerel which shall be contained in any Barrel not of sufficient Strength, or not containing Thirty two Gallons English Wine Measure, or on which the Name of the Curer thereof, and the Name of the Port or Place where, and the Year when the same were cured, shall not be branded with an hot Iron in large, legible, conspicuous and permanent Characters, or on which such Mark or Marks, Character or Characters, shall not have been set at the Fishery, or shall not remain thereon distinctly legible, denoting the Day on which the same were cured; nor for any Barrel of Herrings, Pilchards and Mackerel on which, at the time of its being produced to the proper Officer of the Fishery, in order to be branded with a Mark or Character to denote that the Curer thereof is entitled to the Bounties per Barrel hereby given according to the Directions of this Act, any Mark or Character shall be found to have been branded theretofore, pursuant to the Provisions of any former Act, nor until a Mark or Character to denote that the Curer thereof is entitled to the Bounty hereby given, shall be branded thereon by order and in the presence of the proper Officer of the Fishery, after the same shall have been produced to and inspected by such Officer according to the Directions of this Act; and that the Bounties per Barrel hereby granted shall not be paid or allowed for or in respect of any Barrel or Barrels of Herrings, Pilchards and Mackerel, unless the same shall be produced to the proper Officer of the said Fishery, and branded in his presence in manner by this Act directed, at such Port or Place as is hereinafter directed respectively, and no other; that is to say, if the said Herrings, Pilchards and Mackerel were cured on Shore, then the said Barrel or Barrels of Herrings, Pilchards and Mackerel shall be so produced, and branded at such Port or Place as shall have been appointed for that Purpose by the Commissioners of the Irish Fisheries; or if the said Herrings, Pilchards and Mackerel were cured in any Vessel or Boat fitted out for the Irish Fishery, and were brought from the said Fishery in the same or in any other Vessel, according to the Regulations of this Act, then the Barrel or Barrels of the said Herrings, Pilchards and Mackerel, shall be so produced and branded as aforesaid at the Port or Place to which the same shall have been so brought from the said Fishery.
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Regulations respecting Examination and Certificate of Officers, and branding Casks of Herrings, &c. for Bounty.
Debenture or Certificate for Bounty to be given, on complying with Conditions.
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XXI. And be it further enacted, That the said Bounties per Barrel hereby granted on Herrings, Pilchards and Mackerel, shall be payable and paid to the Curer or Curers thereof, on the Production of the Fish to the proper Officer of the Fishery, in order to be branded and certified for the County; and on the same being duly examined and certified in manner following, that is to say, such Officer of the Fishery, to whom any Barrels of Herrings, Pilchards and Mackerel shall be so produced, shall examine the Barrels, and inspect the Herrings, Pilchards and Mackerel contained in all, or in such and so many of them as he in his Discretion shall think necessary, for the purpose of ascertaining whether the Herrings, Pilchards and Mackerel so produced, are in every respect such as to entitle the Curer or Curers thereof to the Bounty hereby granted, according to the Provisions of this Act; and for that Purpose the said Curer or Curers shall, at his or their own Charge, upon being thereunto required by the said Officer, place or cause to be placed the said Barrels of Herrings, Pilchards and Mackerel in such convenient Order or Situation as shall be pointed out by the said Officer, (the Outsides being free from any Tar, Dirt or other Substance which may cover or conceal any Mark thereon,) and open or cause to be opened any Barrel so produced, and raise or remove, or cause to be raised or removed, the Herrings, Pilchards and Mackerel, or any Part thereof, out of such Barrel, and furnish the said Officer with Weights and Scales for weighing any Herrings, Pilchards and Mackerel, and assist him effectually in weighing the same; and upon every Barrel of Herrings, Pilchards and Mackerel which on such Examination and Inspection as aforesaid, shall be found by the said Officer to be in all respects such as to entitle the Curer or Curers thereof to the Bounties per Barrel hereby granted, there shall be branded with an hot Iron, by order and in presence of the said Officer, such Mark or Marks, Character or Characters, as the Commissioners of the Irish Fisheries shall direct, and which shall denote whether the same is bungpacked or repacked, and the Year in which the same shall be so branded, and the Officer in whose presence the same shall have been branded; all which being duly performed, the said Officer of the Fishery shall give the Curer or Curers of the said Herrings, Pilchards and Mackerel, a Debenture or Certificate for the Payment of the said Bounties per Barrel, on the Number of Barrels of Herrings, Pilchards and Mackerel, so branded, which, on being allowed by the Commissioners of the Irish Fisheries, (such Allowance being stated in Writing under the Hands of the Commissioners or any Three of them, at the Foot of the said Debenture or Certificate,) the said Curer or Curers, or his or their Assigns, shall be entitled to the respective Bounties per Barrel on the Number of Barrels of Herrings, Pilchards and Mackerel therein contained; and the Commissioners of Customs and Port Duties, upon such Debenture being produced to them, shall without Delay cause the same to be paid.
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What description of Herrings, &c. though produced for Bounty, shall not be entitled thereto.
Penalty.
Disputes as to Herrings, &c. being entitled to Bounty to be settled by two Arbitrators, to be nominated by Justice of Peace as herein mentioned.
Certificate of Arbitrators.
Umpire.
Certificate of Umpire.
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XXII. And be it further enacted, That if any Herrings, Pilchards and Mackerel, not caught or taken in the Irish Fishery, or any Herrings, Pilchards and Mackerel, in respect whereof any Bounty per Barrel granted by any former Act shall have been paid or allowed, or any broken Herrings, Pilchards or Mackerel, or any Herrings, Pilchards or Mackerel, mixed or packed with any such Herrings, Pilchards and Mackerel as aforesaid, or any Herrings, Pilchards or Mackerel (other than Herrings, Pilchards or Mackerel repacked with Great Salt) of which the Barrel shall not contain of net Fish, exclusive of the Weight of Salt and Brine, Two hundred and twenty four Pounds Weight; or any Herrings repacked with Great Salt, of which the Barrel shall not contain of net Fish, exclusive of the Weight of Salt and Brine, Two hundred and twelve Pounds Weight, or any Herrings, Pilchards or Mackerel, packed in any Barrel which shall be of less Content or Capacity than Thirty two Gallons English Wine Measure, shall be produced to any Officer of the Fishery to be branded in his presence, and certified by him for the purpose of obtaining the Bounties for the same, or which having been so produced and branded, shall be again produced to any such Officer for the same Purpose, or having been so produced and branded, the Mark or Marks, Character or Characters set thereon, as directed under the Provisions of this Act, shall not appear thereon distinct and legible, all such Herrings, Pilchards and Mackerel, with the Barrel or Barrels containing the same, shall be forfeited, and shall and may be seized by any Officer of the Fishery or Customs; and if any Herrings, Pilchards or Mackerel, not being hereby forfeited, shall be produced to any Officer of the said Fishery for the purpose aforesaid, and such Officer shall deem such Herrings, Pilchards or Mackerel to be of bad or indifferent Quality, or not properly cured or packed, or the Barrel or Barrels in which the same shall be packed not to be of sufficient Strength, and that for such Cause he shall think the Curer thereof is not entitled to the Bounties per Barrel under this Act, such Officer shall without Delay apply by Petition, stating the Matter in dispute to any Justice of the Peace residing at or near the Place where such Herrings, Pilchards or Mackerel shall be produced, giving Notice thereof to the Curer that he may attend the Hearing, if he shall think fit; and such Justice of the Peace shall forthwith nominate and appoint Two skilful Persons, who shall have no Interest in the Matter in dispute, one to be nominated by the Officer, and the other by the opposite Party; and if either Party shall fail to make such Nomination before or at the time when he shall be required by Authority of the said Justice (not being longer than Twenty four Hours from the time of being required to make such Appointment) so to do, then the said Justice shall nominate One skilful Person, not interested in the Matter in dispute, in his Place, and the Two Persons so appointed, upon Examination of the Matters in dispute, shall certify on their Oaths, to be taken before the said Justice, their Opinion on the Matters aforesaid, and if they shall agree in their Opinion, the Matter in dispute shall be determined accordingly; but if the said Arbitrators so to be appointed shall differ in Opinion thereon, the said Justice shall require them to name One other skilful Person, not interested in the Matters in dispute, which Person so nominated shall examine the Matters in dispute, and upon such Examination shall certify upon Oath, to be made before the said Justice, his Opinion thereon, and the said Matter shall then be finally determined accordingly.
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Repacking bungpacked Herrings, &c.
Notice to Officer.
Oath that they are the same Herrings.
Officer to brand the Barrels.
No Bounty or Certificate in respect of repacked Herrings, &c.
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XXIII. And be it further enacted, That if the Curer or Proprietor of any Number of Barrels of Herrings, Pilchards or Mackerel bungpacked, on which the Bounty granted by this Act shall have been allowed, shall intend to repack the same with Great Salt in the same Barrels, and as many in addition thereto as with the original Number shall be necessary to contain the same in a repacked State, the said Curer or Proprietor shall give Twenty four Hours Notice in Writing, under his Hand, of his said Intention to the proper Officer of the Fishery, and if upon Production of the said Herrings, Pilchards and Mackerel so repacked as aforesaid, the said Curer or Proprietor shall upon the Request Note (which according to such Regulations as shall be made by the said Commissioners of the Irish Fisheries, he shall have delivered or cause to be delivered to the said Officer) make oath before him, that the Herrings, Pilchards or Mackerel contained in the Barrels so produced (mentioning the Number) in a repacked State, are the very same Herrings, Pilchards and Mackerel, without any Addition or Mixture whatever, that were originally in a bungpacked State contained in that Part (mentioning the Number) of the said Barrels, whereof each is branded with the Marks or Characters, denoting that the Bounty granted by this Act was allowed or paid thereon; and if the Barrels of Herrings, Pilchards or Mackerel so produced, shall upon due Inspection and Examination be found by the said Officer to be each of them well cured, properly packed, and in all respects such as a Barrel of Herrings, Pilchards and Mackerel, on which the said Bounty is claimed or allowed, is by this Act required to be, he shall cause each of the said Barrels in which the said Herrings, Pilchards and Mackerel were originally cured, and in which the greater Part thereof shall be so repacked, to be branded with such Marks or Characters, in addition to those which shall have been already branded thereon, as the Commissioners of the Irish Fisheries shall direct, and as shall denote that the same are repacked, and by what Officer the same were inspected and examined after the repacking thereof; and the said Officer shall cause each of the Barrels in which the remaining Part of the said Herrings, Pilchards and Mackerel shall be repacked, to be branded with such Marks or Characters as by this Act are directed to be branded thereon, in case the same were produced to the said Officer, in order to obtain the Bounty granted by this Act, and had been by him deemed to be entitled thereto, with such Addition to the same as the Commissioners of the Irish Fisheries shall think fit to direct, and as shall denote that the same are so branded under the Authority of this Provision: Provided always, that no Bounty shall be paid or allowed, nor shall any Certificate be granted for that Purpose, in respect of any such Barrel or Barrels of Herrings, Pilchards and Mackerel, repacked and branded with such Marks or Characters, and with such Addition thereto as last above mentioned, but that the same shall nevertheless be liable to Forfeiture in all Cases where any Barrel or Barrels of Herrings, Pilchards and Mackerel, on which the said Bounty shall have been allowed, would by this Act be liable thereto.
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Weight of each Barrel of Herrings packed or repacked, on which Bounty allowed.
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XXIV. And be it further enacted, That the Bounties per Barrel granted by this Act, shall not be paid or allowed for any Barrel of Herrings, Pilchards and Mackerel packed or repacked with Small Salt, which shall not contain, exclusive of Salt and Brine, Two hundred and twenty four Pounds Weight of Fish at the least; or for any Barrel of Herrings, Pilchards and Mackerel repacked with Great Salt, which shall not contain, exclusive of Salt or Brine, Two hundred and twelve Pounds Weight of Fish at the least; or if any Barrel of Herrings, Pilchards and Mackerel, packed or repacked with Small Salt, and not containing, exclusive of Salt and Brine, Two hundred and twenty four Pounds Weight of Fish at the least; or if any Barrel of Herrings, Pilchards and Mackerel repacked with Great Salt, and not containing, exclusive of Salt and Brine, Two hundred and twelve Pounds Weight of Fish at the least, shall be tendered to any Officer of the Fishery in order to obtain the aforesaid Bounty thereon, the same shall be forfeited, and shall and may be seized by any Officer of the said Fishery.
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How Barrels of Refuse Herrings to be branded.
Penalty.
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XXV. And be it further enacted, That all Herrings, being the Refuse of the Manufactory of Red Herrings, shall be packed in Barrels, on each of which the Word “Refuse” shall have been branded in the manner herein directed; and all such Herrings not packed in Barrels, on each of which the Word “Refuse” shall be so branded and remain distinctly legible, as well as all Herrings whatever mixed with Herrings of the said Description, whether packed or not, shall be forfeited, and shall and may be seized by any Officer of the Fishery or of the Customs.
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Regulations as to Exportation of Herrings, &c. in sufficient Barrels.
Certificate by Officer of Fishery.
Barrels not to be shipped for Exportation, unless such as required by Act, &c.:
nor unless Proprietor shall have produced same, and otherwise complied with this Act.
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XXVI. And be it further enacted, That no Herrings, Pilchards or Mackerel shall be exported or shipped from Ireland, or tendered to any Officer of the Irish Fishery, or of the Customs, to be shipped for Exportation, at any Port or Place in Ireland, for any Port or Place whatever, unless the Barrel in which the same shall be packed shall be at least half an Inch in Thickness at the Bulge; or for any Foreign Port or Place in Europe, unless such Barrel shall be bound with Sixteen Hoops at the least, made of Wood or Iron; nor shall any such Herrings, Pilchards or Mackerel be exported or shipped, or tendered to be shipped as aforesaid, for any Port or Place out of Europe, unless the Barrel in which the same shall be packed shall be a new Barrel and full bound, and have One Iron Hoop at each End, nor unless such Herrings, Pilchards and Mackerel shall have been repacked, and a Space of time not less than Fifteen Days shall have intervened from the Day when the same were originally cured and packed, before the same were repacked, all which shall be made to appear to the Satisfaction of the proper Officer of the Fishery and of the Customs, at any Port or Place to which the same shall have been brought Coastwise for Exportation, by Certificate, to be granted by the proper Officer of the Fishery, at the Port or Place from which the same were so sent Coastwise as aforesaid, and by the Exporter or his Agent, before any such Officer, that the Herrings, Pilchards or Mackerel tendered for Exportation, are the same that were brought Coastwise with such Certificate; nor shall any Barrel of Herrings, Pilchards or Mackerel be exported or shipped, or tendered to any such Officer as aforesaid, to be shipped for Exportation at any Port or Place in Ireland, for any Port or Place whatsoever, being branded with any Mark or Character to denote that the Curer thereof is or was entitled to the Bounties under this Act, unless the same shall in all respects be such as is by this Act required to entitle the Curer thereof to the said Bounty; nor shall any Barrel of Herrings, Pilchards or Mackerel be shipped for Exportation, till the Proprietor or his Agent shall have produced the same to the proper Officer of the Fishery, and performed every thing which shall have been required of him by the said Officer, and which the Curer on producing the same in order to obtain the Bounty thereon, is by this Act required to perform; nor shall the same be so shipped without the presence of the said Officer; and that all Herrings, Pilchards and Mackerel, with the Barrels containing the same, which shall be exported, shipped or tendered to be shipped for Exportation contrary to this Act, shall be forfeited, and shall and may be seized by any Officer of the Fishery or of the Customs.
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Weight of Barrels of repacked Herrings, &c. for Exportation.
Penalty.
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XXVII. And be it further enacted, That if any Barrel of Herrings, Pilchards or Mackerel, repacked with Great Salt, which shall not contain, exclusive of Salt and Brine, the Quantity of Fish hereinafter mentioned respectively at the least; (that is to say,) if intended to be exported to any Port or Place in Europe, Two hundred and twenty four Pounds Weight, or if intended to be exported to any Port or Place out of Europe, Two hundred and twelve Pounds Weight, shall be shipped or tendered to any Officer of the Fishery, in order to be shipped for Exportation to any such Port or Place as aforesaid respectively; or if any Barrel of Herrings, Pilchards or Mackerel, being packed or repacked with Small Salt, which shall not contain, exclusive of Salt and Brine, Two hundred and twenty four Pounds Weight of Fish at the least, shall be shipped or tendered to any Officer of the Fishery, in order to be shipped for Exportation to any Port or Place in Europe, the same shall be forfeited, and shall and may be seized by any Officer of the Fishery or of the Customs.
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Officers to examine Barrels of Herrings, &c. for Exportation, and may weigh same.
Herrings, &c. intended for Exportation being found of bad Quality or not properly cured, &c. forfeited.
How Disputes in respect thereof settled.
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XXVIII. And in order to prevent any Frauds in the Exportation of Herrings, Pilchards or Mackerel, be it further enacted, That every Officer of the Fishery to whom any Barrels of Herrings, Pilchards or Mackerel shall be produced or tendered, in order to be shipped for Exportation, shall examine the same, and inspect and weigh the Herrings, Pilchards and Mackerel in such and so many of the Barrels as he shall think proper, in order to ascertain whether the said Barrel or Barrels of Herrings, Pilchards and Mackerel, be in all respects such as may lawfully be exported, or shipped to be exported to the Port or Place for which the same shall be entered: Provided always, that if any Herrings, Pilchards or Mackerel contained in any Barrel or Barrels, which shall be so marked with any Mark or Character to denote that the Curer thereof is or was entitled to the Bounties per Barrel as aforesaid, not being prohibited to be exported for any Cause other than, on due Examination, their being found to be of such Description as not to entitle the Curer thereof to the Bounties per Barrel under this Act, and not of such a Description as would make them liable to Forfeiture, in case they were produced by the Curer with intent to obtain the said Bounty, shall be tendered to any Officer of the Fishery to be shipped for Exportation, and such Officer shall deem such Herrings, Pilchards and Mackerel to be of bad or indifferent Quality, or not properly cured or packed, or the Barrel or Barrels in which the same shall be contained not to be of sufficient Strength, and that for such Cause the same cannot be allowed to be exported or shipped for Exportation, according to the true Intent and Meaning of this Act, the Herrings, Pilchards and Mackerel, or the Barrels containing the same, shall be forfeited; and if in the Event of Refusal to allow the Exportation for any of those Causes, the Proprietor shall not be satisfied with the Opinion of the Officer, the Matter in dispute shall be settled and determined in the same manner as is hereinbefore directed in the case of a like Dispute arising between the Curer of Herrings, Pilchards and Mackerel, and the Officer of the Fishery to whom the same shall be produced in order to obtain the said Bounties.
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No Coast Cocket, &c. required for Fishing Vessels with Salt, &c. for Crew.
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XXIX. And be it further enacted, That it shall be lawful to ship or put on board any Buss, Vessel or Boat, at any Port or Place in Ireland, where an Officer of the Fishery shall be stationed for the Irish Fishery, Salt, Nets, Barrels, and other Fishing Stores and Provisions for the Sustenance of the Crew thereof, and to carry and convey the same to the said Fishery, without a Sufferance or Warrant or Coast Cocket from the Officer of the Customs.
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Herrings, &c. may be packed in Half Barrels of Contents herein mentioned.
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XXX. And be it further enacted, That it shall be lawful to cure and pack Herrings, Pilchards and Mackerel taken in the Irish Fishery in Half Barrels; and that every Half Barrel of Herrings, Pilchards and Mackerel, packed or repacked, shall contain Half the Quantity of Fish, exclusive of Salt and Brine, which a Barrel of Herrings, Pilchards and Mackerel bungpacked or repacked, is by this Act required to contain respectively, and shall be entitled to Half of the Bounty by this Act granted in respect of Barrels of Herrings, Pilchards and Mackerel, and be subject to all Rules, Regulations, Penalties and Forfeitures, to which a Barrel of Herrings, Pilchards and Mackerel in the like Case is liable.
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Officers may go on board Fishing Vessels and examine Fish, &c.
Masters of Vessels to produce and deliver to Officer Certificate of Registry, &c.
Penalty 20l.
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XXXI. And be it further enacted, That it shall be lawful for any Officer of the Fishery to go and remain on board any Buss, Vessel or Boat, having on board any Salt, Barrels, or other Fishing Stores in Ireland, intended for the Irish Fishery, or being at any Place where Herrings or other Fish shall be taken and cured, or proceeding from any such Place for any Port or Place in Ireland, to examine the Condition of all Fish, Salt, Barrels or Nets on board of any such Buss, Vessel or Boat, and to put any Mark or Marks on the Barrel or Barrels on which any Herrings or other Fish shall be contained on board thereof; and the Master of every such Vessel or Boat shall, if required by any Officer of the Fishery so to do, produce and deliver to such Officer for his Inspection, the Certificate of Registry, (if such Vessel or Boat be liable to Registry,) and the Licence, Certificate or Declaration which he shall have or ought to have on board, and shall give to such Officer a true Account of the Name of the Owner or each of the Owners of such Buss, Vessel and Boat, and the Place where such Owner resides, and the Name of each of the Crew thereof; and if any Master of such Buss, Vessel or Boat as aforesaid, shall not, upon being required by any Officer of the Fishery so to do, comply with all or any of the Requisitions herein contained, every Person so offending shall forfeit and lose the Sum of Twenty Pounds.
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Officers may enter Warehouses, &c. of Curers of Herrings, &c.
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XXXII. And be it further enacted, That it shall be lawful for any Officer of the Fishery, at all times when Herrings or other Fish are curing and packing or repacking, and at all other times in the Day (or if in the Night, in the presence of a Constable or other Officer of the Peace), to enter and come into any Cellar or Warehouse of any Curer of Herrings or other Fish, or into any Place where Herrings or other Fish shall be cured, packed or repacked, to view and inspect the same during the time of their being cured, packed or repacked, and to put such a Mark or Marks on any Barrel or Barrels in which they shall be packed or repacked, as they shall think fit, which Mark or Marks shall not be altered or defaced.
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Perjury.
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XXXIII. And be it further enacted, That every Person before whom any Oath is hereby directed or required to be made, shall be and every such Person is hereby authorised and required to administer such Oath; and if any Person or Persons shall wilfully make a false Oath, respecting any thing which by this Act is required to be sworn, every such Person shall, upon Conviction, be liable to all the Penalties for wilful and corrupt Perjury.
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Unauthorised Persons fraudulently branding Casks, &c.
Erasing, &c. Licences, Certificates, &c.
Penalty.
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XXXIV. And be it further enacted, That if any Person other than an Officer of the said Fishery, or not being authorised by or without the presence of such Officer, shall fraudulently burn or brand, or cause to be burned or branded, or shall have in his Custody or Possession any Instrument for the purpose of burning or branding, on any Barrel or Cask of Herrings, Pilchards or Mackerel, any Mark or Marks, Character or Characters, which by virtue of this Act shall be appointed or directed to be burnt or branded on any Barrel of Herrings, Pilchards or Mackerel, by order and in presence of such Officer, or any Mark or Character in Imitation thereof; or if any Person shall alter, erase or falsify any Licence, Certificate, Account, Declaration, Oath or other Document prescribed by this Act, every Person so offending, on being convicted thereof before a Justice of the Peace of the County where the Offence shall be committed or the Offender found, being such Person, shall for every such Offence forfeit and pay a Sum of Money not exceeding Ten Pounds, or suffer Imprisonment for any time not exceeding Three Calendar Months; and every Barrel or Cask on which any such Mark or Character shall be fraudulently burnt or branded as aforesaid, with the Herrings, Pilchards or Mackerel therein contained, and every Instrument which shall be in the Possession of any Person for the purpose of fraudulently burning or branding the same, shall be forfeited, and shall and may be seized by any Officer of the Fishery or Customs.
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Casks of Herrings, if Brand defaced, forfeited.
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XXXV. And be it further enacted, That if any Mark set or branded on any Barrel of Herrings, Pilchards or Mackerel, by any Officer or Officers of the Fishery, pursuant to this Act, or to any Rules or Regulations which shall be made by the said Commissioners of the Irish Fisheries, shall be altered or defaced, every such Barrel, with the Herrings, Pilchards and Mackerel therein contained, shall be forfeited, and shall and may be seized by any Officer of the Fisheries or Customs.
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Disputes between Owners, Masters and Sailors, &c. may be decided by Justices of Peace or Inspectors.
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XXXVI. And be it further enacted, That any Disputes or Differences which shall or may arise between the Persons engaged on board any of the Vessels employed in the Irish Fisheries, and the Owner or Master thereof, touching any Demands which such Persons may have against such Owners or Masters for or on account of their Wages or Shares of their Earnings of such Vessels, where such Demand does not exceed Five Pounds, and also all such Complaints of such Owners or Masters against any of the Persons or Hands engaged on board such Vessels, for or on account of their absenting or withdrawing themselves from their Duty and Service on board any such Vessel, shall and may be determined by any of His Majesty's Justices of the Peace for the County where such Disputes arise, or by the Inspectors or other Officers to be appointed, who are hereby empowered to give such and the like Relief, and by such and the same Remedies and Means, and to inflict such and the like Penalties and Punishments, as the said Justices of the Peace are empowered to do in all Cases of Disputes between Masters and Servants, or Artificers and their Employers, by all or any of the Laws now in being.
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Officers of Customs may go on board Vessels and search for Goods not entered, &c. ;
and may seize, &c.
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XXXVII. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to restrain, prevent or hinder any Officer or Officers of His Majesty's Revenue, who shall from time to time be deputed or appointed thereunto by the Chief Commissioners of Customs and Port Duties for the time being, or the major Part of them, from going on board and entering into any Ship or Vessel whatsover, as well by Night as by Day, arriving and coming into any Port, Harbour, Haven, Creek or other Places, and to continue there on board until such Ship or other Vessel shall be fully unladen and discharged, or again reladen, in pursuance of the Powers mentioned in this Act, but that it shall and may be lawful to and for such Officer and Officers to enter and go into any Ship or other Vessel, to seize, survey and make Search for any Goods or Commodities either put on board any such Ship or other Vessel, or taken out and carried away, or intended to be carried away, without due Entry first had and made of the same, or Payment of the Duties due and payable thereupon, and to seize and carry away the same, in the same Manner to all Intents and Purposes as may be done by any Law, Act or Acts of Parliament now in force in this Kingdom; any thing herein contained to the contrary notwithstanding.
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Inhabitants of United Kingdom, under Regulation of Act, may take Herrings, &c. on any Part of Coasts of G. B. or Ireland, &c. Exception.
Without Payment of Dues.
Exception.
Penalty 20l.
No Power to enter Demesnes, &c.
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XXXVIII. And be it further enacted, That it shall and may be lawful for the Inhabitants of the United Kingdom of Great Britain and Ireland, at all times and Seasons of the Year when they shall think proper, (subject nevertheless to the several Regulations contained in this Act,) freely to fish for, take and buy from Fishermen, and cure any Herrings, Mackerel, Cod and Lyng, or other Sorts of Fish, in all and every Part of the Seas, Creeks and Bays wheresoever such Fish are to be found, or can or may be taken, on the Coasts of Great Britain or Ireland, save only in such Places as may be reserved by the Superintendants, or by order of the Commissioners of the Irish Fisheries for the Preservation of the Fry, and for the better Order and Regulation of the Fishery; and that no other Person or Persons, except such Superintendant, shall, under any Pretence whatsoever, presume to obstruct or hinder any Person or Persons from fishing in the Places aforesaid; nor shall any Person presume to demand or receive any Dues, Sums of Money, or other Consideration whatsoever from the Inhabitants of the United Kingdom, for the Use of any Ports, Harbours or Waste Shores on the Coasts of Ireland, except for the Payment of such Harbour or Pier Duties as are and by Law ought to be demanded for Ships, Vessels and Boats in Piers and Harbours which are built and artificially made; and that every Person or Persons so offending shall for every such Offence forfeit the Sum of Twenty Pounds, to be recovered and levied and applied as other Forfeitures are hereinafter directed to be levied, recovered and applied: Provided always, that nothing herein contained shall be construed to extend to the giving a Power to enter upon or use the Demesne Grounds, Gardens or Park of any Person, without Leave having been previously obtained.
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Returns of Offenders convicted under this Act made to Commissioners of Fisheries.
Not delivering up Offenders.
Penalty.
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XXXIX. And in order more effectually to secure the Performance of the several Requisites prescribed for obtaining the Bounties, and to enforce the Regulations for the better Preservation and Improvement of the said Fisheries; be it enacted, That the said Inspectors and other Officers to be appointed for that Purpose, shall return to the Commissioners of the Irish Fisheries, the Name of the Master or Owner of any Vessel, or of any Mariner or other Person belonging to any Vessel, who shall be convicted of any Offence which shall be committed against the Provisions of this Act, or any of them, and the Amount of the Fines imposed and levied; and the Master or Owner of such Vessel so convicted, or who shall refuse to deliver up any Mariner belonging to his Vessel, charged with an Offence, shall be deemed incapable of receiving any Bounty for such Vessel; and the Master or Owner who shall so refuse to deliver up any Mariner belonging to his Vessel as aforesaid, shall incur a Penalty of Ten Pounds.
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Bounty payable to Owners of Fishing Vessels wrecked, &c.
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XL. And be it further enacted, That when any Vessel on her Fishing Voyage shall founder at Sea, or by Distress and Hardship of Weather be forced on Shore, and wrecked, it shall be lawful for the Commissioners of Customs and Port Duties in Ireland, to order Payment of such Bounty to the Owners of said Vessel, as they would have been entitled to if such Vessel had not foundered or been forced on Shore, and wrecked as aforesaid, or to the legal Representatives of such Owners in case of their being lost.
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Herrings brought to any Port not fit for Food, &c. forfeited.
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XLI. And be it further enacted, That if any Person or Persons shall bring into any Port, Haven or Creek in Ireland, any Herrings which shall not be good and fit for Man's Food, or which shall not be packed in Barrels or in Bulk regularly and in Layers, and not heaped together, unless the same shall be landed for the express purpose of smoaking, where Houses are built expressly for that Purpose in the manner of Yarmouth, commonly called Red Herrings, and shall offer the same to be sold, then all and every the Owners thereof, being convicted of such Offence before the Inspector of the Fisheries, or such other Officer as the said Commissioners shall for that Purpose appoint, or Collector of any Port, Haven or Creek, shall lose and forfeit the same; and such Part of said Fish that is not good as aforesaid shall be destroyed, and the rest shall be forfeited for the Use of the Poor.
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Commissioners of Fisheries authorised to remit Forfeitures.
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XLII. Provided always, and be it enacted, That whenever any Fish, Barrels or Casks, Salt, Nets or Netting, or any Boats shall be seized as forfeited by virtue or in pursuance of this Act, it shall and may be lawful to and for the Commissioners of the Irish Fisheries, on Evidence given to their Satisfaction that the Forfeiture arose without any Intention of Fraud in the Proprietor or Proprietors, Claimant or Claimants, or Person or Persons having the Custody, Care or Management for the time being of such Fish, Barrels or Casks, Salt, Nets, Netting or Boats, to order the same to be restored to such Proprietor or Proprietors, or Claimant or Claimants in such manner and on such Terms and Conditions as under the Circumstances of the Case shall appear to the said Commissioners to be reasonable, and as they shall think fit to direct.
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How Penalties recovered.
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XLIII. And be it further enacted, That any Fine, Penalty or Forfeiture by this Act imposed, except in any Case where other Provision is hereby made, shall and may be sued for, recovered, levied and mitigated, as any Fine, Penalty or Forfeiture may be sued for, recovered and levied by any Law or Laws of Customs or Excise, or by Action of Debt, Bill, Plaint or Information, in any of His Majesty's Courts of Record at Dublin respectively, or by Civil Bill in the proper Jurisdiction; and One Moiety of such Fine, Penalty or Forfeiture shall be to the Use of His Majesty, His Heirs and Successors, and the other Moiety to such Person or Persons as shall inform or sue for the same.
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Lord Lieutenant may appoint Commissioners for the Irish Fisheries.
with Power to appoint Secretary and Officers.
Salaries.
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XLIV. And be it further enacted, That it shall be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland, for the time being, under his or their Hand and Seal, or Hands and Seals, from time to time to nominate and appoint any Persons, not being less than Nine nor more than Twenty in Number, to be Commissioners specially for overseeing, directing and improving the Fisheries of Ireland, to be called Commissioners of the Irish Fisheries, with Power to them, or any Number of them, by the Instrument of Appointment to be determined, to execute or cause to be executed the Provisions of this Act in manner herein mentioned, and for that Purpose to appoint a Secretary, and such Clerks and other Officers under them, (such Secretary, Clerks and other Officers being first approved of by the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being), as they the said Commissioners of the Irish Fisheries shall think fit; and also that it shall be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, to direct such Salaries or Allowances to such Secretary, Clerks and other Officers, and to any Officers of the Fishery to be appointed by the Lord Lieutenant or other Chief Governor or Governors of Ireland as hereinafter mentioned, and all such other Expences as shall be incurred in the Execution of this Act, to be paid out of the Revenue of Customs and Port Duties arising in Ireland, as such Lord Lieutenant or other Chief Governor or Governors shall think fit: Provided always, that no Person shall act as Commissioner under the Authority of this Act, who shall be concerned directly or indirectly in the said Fisheries, or any of them.
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Commissioners for the Irish Fisheries to be sworn.
Oath.
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XLV. And be it further enacted, That the said Commissioners of the Irish Fisheries, to be appointed by virtue of this Act, before they shall proceed in the Execution of any Powers or Authorities vested in them by this Act (save only the Power of administering the Oath hereinafter mentioned), shall severally take and subscribe the following Oath; that is to say,
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‘I A. B. do swear, That I will faithfully and honestly, according to the best of my Skill and Judgment, execute the several Powers and Trusts reposed in me by an Act passed in the Fifty ninth Year of the Reign of His Majesty King George the Third, intituled [here insert the Title of this Act] according to the Terms and Purport of the said Act; and that I am not directly or indirectly concerned as an Adventurer in the Fisheries of Ireland or any of them, or as a Curer of Herrings, and that so long as I shall continue to act as a Commissioner under the said Act, I will not be concerned either directly or indirectly as an Adventurer in the said Fisheries, or any of them, or as a Curer of Herrings. So help me God.’
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Which Oath any One of the said Commissioners may administer to the other or others of them.
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Commissioners to make Reports to the Lord Lieutenant and to Parliament.
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XLVI. And be it further enacted, That the said Commissioners of the Irish Fisheries to be appointed by virtue of this Act shall and they are hereby required to deliver or cause to be delivered annually, on or before the First Day of June in every Year, to the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, a full and accurate Report of their Proceeding for the Year preceding; and shall also cause to be laid before both Houses of Parliament, within Fourteen Days after the Commencement of every Session next ensuing such First Day of June, a Copy of every such Report signed by the said Commissioners.
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Lord Lieutenant to appoint Officers of the Fishery at Ports of Exportation, &c.
Qualification of Persons to be so appointed.
Officers to obey Orders of Commissioners of Fishery.
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XLVII. And be it further enacted, That it shall be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, to appoint Persons at the respective Places on the Coast of Ireland, where Herrings or other Fish are caught or cured, and at the Ports or Places where Vessels are usually fitted out for the Irish Herring Fishery, and where Vessels employed in the said Fishery usually discharge their Cargoes, and also at the Ports of Exportation, to be Inspectors and Officers of the said Fisheries, and to overlook the curing of all Herrings and other Fish caught, to take an Account of and clear out all Salt, Nets, Barrels and other Stores, shipped or put on board any Buss, Vessel or Boat for the said Fishery, and to inspect and take account of all Herrings and other Fish landed or exported, and to certify whether the Fish are properly pined, cured and packed, so as to be entitled to the Bounty by this Act granted, or are fit to be exported: Provided always, that no Person shall be appointed an Officer for the Performance of any of those Duties, unless such Person shall be skilful in the Trade of a Cooper, and in the curing and packing of Herrings and Fish, and fully qualified to execute the Duties which will be required of him under the Provisions of this Act; Certificates of which Qualification shall be transmitted to the Lord Lieutenant, or other Chief Governor or Governors of Ireland, or his or their Chief Secretary; and every such Officer so to be appointed shall obey such Instructions, Orders or Directions, as he shall from time to time receive from the Commissioners of the Irish Fisheries, to be appointed by virtue of this Act, signified under their Hands, or under the Hand of their Secretary.
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Officers of Fishery may be dismissed by Commissioners.
Officers to be sworn.
Oath.
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XLVIII. And be it further enacted, That the Secretary and every Clerk or Officer of the Fishery to be appointed by virtue of this Act shall be liable to be suspended or dismissed from his Office or Employment respectively, by the said Commissioners of the Irish Fisheries, either for the Incompetency or for Neglect of Duty: Provided always, that every Inspector, Superintendant and other Officer of the Fisheries, and the Secretary and every Officer and Clerk of the Commissioners of the Irish Fisheries, and all Officers whatever appointed by virtue of this Act, shall, previous to his entering upon the Duties of his Office, take and subscribe the following Oath :
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‘I A. B. do swear, That I will faithfully and honestly, according to the best of my Skill and Judgment, execute the Office and Trust committed to me, of [the Name of the Office to be here mentioned] and that I am not directly or indirectly concerned as an Adventurer in the Irish Fisheries, or any of them, or in any other Fisheries, or as a Curer of Fish; and that so long as I shall continue to act as [the Name of the Office to be here mentioned] I will not be concerned, either directly or indirectly, as an Adventurer in the said Fisheries, or any of them, or as a Curer of Fish. So help me GOD.’
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Which Oath any one of the said Commissioners of the Irish Fisheries may administer to such Officer.
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Commissioners may ascertain Measures for Herrings, &c.
Using Measures not marked by order of Commissioners.
Penalty, &c.
Provisions of this Act against fraudulent branding extended to this Provision.
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XLIX. And be it further enacted, That the said Commissioners of the Irish Fisheries shall be and they are hereby empowered to fix and determine, by Rules or Regulations to be made by them for that Purpose, the Content or Capacity of every Measure by which Herrings or other Fish taken in the Irish Fishery shall be bought and sold, also the Form or Dimensions thereof, the Sort or Sorts of Wood of which it shall be made, the Thickness of every Part thereof, the Number, Dimensions of the Hoops with which it shall be bound, and whether the Whole or what Part of such Hoops shall be of Iron; and also to determine and direct what Marks or Characters shall be set, and upon what Part or Parts of every such Measure; and also to appoint a fit Person or Persons at such Place or Places as they shall think proper to examine the same; and upon finding any such Measure to be conformable in all respects to the Rules or Regulations to be made by the said Commissioners as aforesaid, to cause such Marks or Characters as aforesaid, to be branded thereon with a hot Iron in his presence, according to the Rules and Regulations aforesaid; and if at any time after the First Day of June One thousand eight hundred and twenty, any Measure not so marked or branded as aforesaid, shall be made use of in the buying or receiving, selling or delivering of Herrings or other Fish in the Irish Fishery, or on any Part of the Coasts or Shores of Ireland, every Person so making use thereof, shall forfeit the said Measure, and also the Sum of Ten Pounds, and the said Commissioners of the Irish Fisheries shall cause the said Measure to be destroyed; and that the Provisions made by this Act against the fraudulent branding of Barrels of Herrings with any Mark or Character by this Act appointed to be branded thereon, by order and in presence of an Officer of the Fisheries, shall extend and be construed to extend to the Subject of this Provision, and to be put in execution against any Person or Persons fraudulently branding any Measure with such Marks or Characters as shall be appointed by the said Commissioners, or with any Marks or Characters counterfeiting the same.
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Obstructing Officers of Fisheries.
Penalty 20l.
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L. And be it further enacted, That if any Person or Persons shall assault, resist, oppose, molest or hinder any Officer or Officers of the Fishery, or any Person or Persons acting in his or their Aid or Assistance in the Execution of this Act, or of any Matter or Thing therein contained, every such Person so offending, shall for every such Offence forfeit the Sum of Twenty Pounds.
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Officers unduly taking Fees.
Loss of Office and Penalty 100l.
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LI. And be it further enacted, That if any Officer of the said Fishery shall demand, take or receive, directly or indirectly, any Fee, Gratuity or Reward whatever, other than such Salary as shall be allowed him by the Crown, for any thing done by him in the Execution of this Act, or of his Office or Employment as aforesaid, every such Officer, on being convicted thereof, shall forfeit his Office and the Sum of One hundred Pounds.
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Commissioners to make Rules as to Form of Journals, &c.
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LII. And be it further enacted, That the said Commissioners of the Irish Fisheries shall and may, and they are hereby authorised to make Rules and Regulations, directing in what Form and Manner every Journal, Declaration or Account, required by this Act, shall be kept or made; and to make and ordain such Rules, Orders and Regulations, from time to time, and to alter and vary the same as they shall judge expedient, to be observed, performed and complied with by every Person claiming or to claim any of the Bounties granted by this Act, either in respect of the Vessels to be used in the said Irish Fishery, or of the Fish to be taken or cured, and in all Matters in anywise relating to the said Fishery, or to the Persons who shall be engaged or employed in the same; and that all such Rules, Regulations and Orders shall have the same Force and Effect, to all Intents and Purposes, as if the same had been contained in this Act.
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Commissioners to prepare Abstract of Bounties, Regulations, &c. ;
and the same signed to be distributed.
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LIII. And be it further enacted, That the said Commissioners of the Irish Fisheries shall from time to time prepare, or cause to be prepared and printed, an Abstract or short Statement of the several Bounties granted by this Act, and of the Conditions on which such Bounties are payable, and of the Regulations to be observed in the said Fishery, in such manner as may be easily understood by the Fishermen and others employed in the said Fisheries, and shall cause such Abstract or Statement, signed with the Names of Three of the said Commissioners for the said Fishery, to be distributed at the several Ports and Places to which the Persons employed and concerned in the said Fishery shall resort, and to be delivered to the Masters of Fishing Vessels for the Information of the Crew.
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Admiralty, on Application of Commissioners of Fisheries, to appoint a Superintendant.
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LIV. And be it further enacted, That it shall be lawful for the Lords Commissioners of the Admiralty, upon the Application of the said Commissioners of the Irish Fisheries, to appoint One or more Commissioned Officer or Officers in His Majesty's Navy as Superintendant or Superintendants of the Fishery described in this Act, for the purpose of causing the same to be carried on according to the Regulations of this Act; and also as well for preserving Order among the Persons employed therein as for protecting them and their Vessels against Enemies, and under such Orders, Rules and Regulations, as shall be made in that Behalf by the Lords Commissioners of the Admiralty.
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Oath of Superintendant.
Acting without taking same.
Penalty 50l.
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LV. And be it further enacted, That every Person who shall be appointed to be a Superintendant as aforesaid, before he shall do any Act in virtue of such Appointment, shall take and subscribe the Oath herein-before required and set forth before the Commissioners of the Fisheries, or any One of them, or before any Collector of the Customs in any Port in Ireland, or any Justice of the Peace, and which Oath such Collector or Justice of the Peace is hereby authorised to administer; and in case such Superintendant shall act without having first taken such Oath, he shall forfeit a Sum of Fifty Pounds.
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Power of Superintendant in regulating Fisheries.
Obstructing Superintendant.
Penalty 10l.
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LVI. And be it further enacted, That it shall be lawful for any Superintendant of the said Fisheries, or any Person or Persons acting by his Orders, at all times whenever he shall think fit, either at Sea or in any Loch or Bay, or on the Coast during the Continuance of the Fishery, or after the Return from the Fishery, to go on board any of the Vessels employed in the Fishery, under his Superintendence, to inspect the Licence and Certificate of Registry of such Vessel, and the Journal kept by the Master, pursuant to the Directions of this Act (all which the Master of every such Buss or Vessel, on being thereunto required, shall forthwith produce and deliver to such Superintendant, for his Inspection and Examination, and such Superintendant is hereby empowered to detain any such Buss or Vessel, till all or any of the said Documents demanded by him shall be so produced or delivered to him), and to examine whether the Master and other Persons on board the same are in all respects carrying on and prosecuting the said Fishery in the manner hereby required; and if any Person or Persons shall impede or obstruct, or attempt to impede or obstruct, any other Person or Persons in the lawful Prosecution of the said Fishery, such Superintendant shall require such Person or Persons so impeding or obstructing, or attempting to impede or obstruct, any other Person or Persons, to desist from so doing; and if such Person or Persons so required to desist shall disregard such Requisition, it shall be lawful for such Superintendant to employ such Force as shall be necessary to compel him or them to preserve Order, if the Master or any Part of the Crew are or shall not be in all respects carrying on and prosecuting the Fishery in the Manner hereby required, or had impeded or obstructed, or attempted to impede or obstruct any other Person or Persons in the lawful Prosecution of the said Fishery, such Superintendant shall report the same fully and particularly to the said Commissioners for the Irish Fisheries, and shall deliver one Copy of such Report under his Hand to the Master of such Buss or Vessel, and shall transmit another Copy to the said Commissioners by the first Opportunity; and if any Person or Persons shall resist or obstruct any such Superintendant, or any Person or Persons acting under him in the Execution of any of the Powers to him or them given by this Act, every Person so offending shall forfeit and pay the Sum of Ten Pounds.
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Limitation of Actions.
General Issue.
Treble Costs.
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LVII. And be it enacted, That if any Action shall be brought for any thing done in pursuance of this Act, it shall be commenced within Six Months after the Fact, and the Defendant may plead the General Issue, and give the special Matter in Evidence, and that the same was done in pursuance of this Act; and if it shall appear to have been so done, or if the Action shall be brought contrary hereto, the Jury shall find for the Defendant, or if the Plaintiff shall become nonsuit or suffer a Discontinuance of Action, or if on Demurrer or otherwise Judgment be given against the Plaintiff, the Defendant shall have Treble Costs.
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Power of Inspectors to see that Regulations are complied with.
Inspector to levy Fines by Distress, and for want of Distress to commit Offenders.
Masters of Vessels, &c. assisting Offenders to escape.
Penalty 20l.
Person absconding not to recover Wages, &c.
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LVIII. And be it further enacted, That it shall and may be lawful for any Officer or Officers to be appointed from time to time under the Provisions of this Act, as Inspector or Inspectors of the said Fisheries, to enter on board every Vessel fitted out for fishing, and lying in any Harbour, Creek or Haven of Ireland, within Headland and Headland, for the purpose of purchasing Fish to cure, to examine and see that all the several Laws and Regulations made or to be made for the better Preservation and Improvement of the said Fisheries, be duly observed by all and every Person or Persons concerned therein; and upon any Complaint made or Information given upon Oath to such Person or Persons respectively, which Oath they and each of them is and are hereby empowered to administer, against any Person or Persons relative to and for the Punishment of any Offence which shall be committed against the Provisions of this Act, to issue a Warrant or Warrants against the Person or Persons so complained of or informed against, and to cause such Person or Persons so complained of or informed against to be apprehended and brought before such Inspector or Inspectors by the Captain or Master of the Vessel, if belonging to a Ship, or by the Skipper of the Boat to which such Person or Persons may belong; and if it shall appear to such Inspector or Inspectors, or by the Testimony upon Oath of such Informer, or other Witness or Witnesses, that the Person or Persons so informed against or complained of shall have been guilty of the Offence or Offences with which such Person or Persons shall have been so charged, then and in every such Case such Inspector or Inspectors shall by Warrant under his or their Hand and Seal, cause all and every the Fine or Fines to which said Offender or Offenders is or are or shall be liable, to be levied by Distress and Sale of the Goods of such Offender, and for want of such Distress or Payment, to commit the Person so offending to the next County Gaol for any Period not exceeding Three Months; if the Person or Persons so complained against shall abscond, then the Master or Owner of such Vessel, or the Skipper of such Boat, shall appear before the said Inspector within Twenty four Hours after the Service of Notice to appear before him; and if such Master, Owner or Skipper shall not sufficiently exculpate himself, by Affidavit, from being accessary to the absconding of such Person or Persons, in that Case, upon Representation to the Inspector to the Commissioners of the Fisheries, such Master, Owner or Skipper shall forfeit Twenty Pounds, and the Person so absconding shall be for ever debarred from recovering any Wages or Share of Fish to which he would have been otherwise entitled, by reason of his being a Hand or one of the Crew on board such Vessel, as also all Bounties to which he would otherwise have been entitled.
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Inspector to be sworn.
Inspector and Officers unduly taking Fees or conniving at Offences, &c.
Penalty 100l.
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LIX. And be it further enacted, That in order to enforce due Observance of the Duty and Trust so to be committed to such Inspector or Inspectors, every such Inspector or Inspectors shall, previous to his or their entering into Office, take and subscribe the Oath hereinbefore required and set forth, which Oath any Commissioner of the Fisheries, or any Collector of the Customs in any Port in Ireland, is and are hereby empowered to administer; and if any such Inspector or Inspectors, or any other Officer or Officers of the Fisheries, shall take any Reward, Fee, Gratuity or other Consideration (except as is hereinafter provided), from or on behalf of any Person employed or concerned in such Fisheries, or any of them, or shall wilfully assist to conceal or connive at any Fraud or Offence contrary to the Laws enacted in that behalf, any such Inspector or Inspectors, or other Officer being guilty of such Offence, shall forfeit his Office and the Sum of One hundred Pounds.
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Privileges of Revenue Officers extended to Commissioners and Officers of Irish Fisheries, &c.
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LX. And be it further enacted, That all Privileges, Protections and Provisions given and ordained by any Act or Acts in force in Ireland, for Officers of the Customs and Excise, on the Occasion of their acting in the Execution of their respective Offices, as to any Action or Suit, or the tendering of Amends, or the Payment of Costs, or any thing whatsoever, shall extend and be applied to the aforesaid Commissioners of the Irish Fisheries, and to the Superintendant and the Officers of the Fisheries appointed in pursuance of this Act, and to all Persons appointed to act under them, or acting in their Aid or Assistance, or in the Execution of this Act, as fully to all Intents and Purposes, as if the said Privileges, Protections and Provisions were expressly inserted in this Act, and applied by the same for and in respect of the several Persons aforesaid.
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Boats proceeding to Fisheries, to be numbered, &c. and registered.
Penalty 40s.
Officer to return to Collector an Account of the same.
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‘LXI. And Whereas a great Number of Sail Boats and small Boats proceed every Year to the Fisheries on the Coasts of Ireland, and from the irregular Manner in which they shoot their Nets, the Fishery is greatly injured, and the Nets of other Fishermen are much damaged, and the Offenders cannot be discovered so as to be brought to Justice ;’ Be it enacted, That no Boat shall proceed to the said Fisheries, unless the Name of the Skipper and Number of the Boat is cut or painted in large Characters with White Lead and Oil, on the Stern of the said Boat, and the Number on the Oars and Buoys belonging to her; which Boat, and her Number and the Name of the Skipper, shall be registered with the Inspector or other Officer to be appointed for that Purpose, of the District wherein said Skipper shall reside; and in case any such Boat shall shoot any Net, or take any Fish, without having the Skipper's Name and her Number painted, and being registered as aforesaid, the Skipper of said Boat shall forfeit the Sum of Forty Shillings, to be recovered and applied in the same manner as the other Penalties in this Act; and such Inspector or other Officer with whom such Boat shall be so registered, shall return an Account of the same to the Collector of the District in which such Inspector or other Officer shall reside, within One Month after such Boat shall have been registered as aforesaid, in order to be transmitted to the Commissioners of Fisheries.
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Regulations as to throwing out Ballast.
Penalty 5l.
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‘LXII. And Whereas the Harbours on the Coasts of Ireland have been materially injured by the irregular manner wherein Vessels resorting to the Fisheries, throw out and unlade their Ballast ;’ Be it further enacted, That no Fishing Vessel or Boat shall throw out or discharge her Ballast on any Part of the said Coast, except at such Places (all above Low Water) as shall be directed and appointed from time to time by the Inspectors of the Fisheries, or other Officers to be appointed for that Purpose within their respective Districts; and the Master or Chief Officer of any Fishing Vessel, or the Skipper of any Fishing Boat, who shall be convicted of having thrown out or discharged any Ballast contrary to the Directions of this Act, shall forfeit the Sum of Five Pounds Sterling for every such Offence, to be recovered and applied in the same manner as the other Penalties in this Act are made recoverable and applicable.
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Inspectors may act as Notaries in receiving and making Protests ;
and take the Fees of Notaries thereon.
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‘LXIII. And Whereas the Persons concerned in the said Fisheries have frequent Occasions to make Protests during the Continuance of the said Fishing Season, and suffer great Inconvenience because there is no Notary Public residing on any Part of the said Coast ;’ Be it therefore enacted, That from and after passing of this Act it shall and may be lawful to and for the several Inspectors of the said Fisheries to receive and make Protests in the same manner as the same are now usually made or received by or before any Public Notaries within this Kingdom, and that such Protests so made and received, shall be good and valid, and of as high Authority as those now usually made before Public Notaries, and shall be of equal Credit, and in like manner received as Evidence in all Courts of Justice, and that each and every of the said Inspectors shall and may have and use a Seal of Office, whereby to authenticate such Protests as aforesaid, and shall also be entitled to have and receive for such Protest so made before or by him, such Fee as a Public Notary would be entitled to in that behalf, and no more; and also, that it shall and may be lawful for the said Inspectors to administer such Oaths as are or may be necessary to be made by the several Persons who shall make Protests before them.
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Persons obstructing, &c. Officers of Fisheries,
may be carried before a Justice, &c.
If found guilty on Indictment,
Misdemeanor.
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LXIV. And be it further enacted, That if any Officer or Officers of the Fisheries, or any Person or Persons appointed by or acting under the said Commissioners of the Fisheries, being on shore or going on board, or returning from on board, or being on board any Vessel or Boat engaged in the said Fisheries, shall be opposed, obstructed or assaulted in the due Execution of his or their Office or Duty, any Person or Persons so opposing, obstructing or assaulting the said Officer or Officers in the due Execution of his or their Duty, and all such as shall act in his or their Aid or Assistance, shall and may be carried and conveyed before One of His Majesty's Justices of the Peace residing near the Place where such Offence shall be committed, or where such Person or Persons shall be apprehended, and such Justice shall, upon the Oath or Oaths of One or more credible Witness or Witnesses, in case he shall not find sufficient Bail for his Appearance at the next Quarter Sessions or Assizes to be holden for the County in which the Place aforesaid shall be situate, to commit such Person to the Gaol of such County, there to remain until the next Quarter Sessions or Assizes to be holden for said County, or until such Person shall be delivered by due Course of Law; and in case an Indictment shall be found against such Person or Persons, such Person or Persons shall forthwith plead thereto, without having time to traverse the same, and if duly convicted thereof, shall be deemed guilty of a Misdemeanor and punished accordingly.
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Officers not deemed Trespassers, or liable to Damages, except for Malice.
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LXV. And be it further enacted, That no Superintendant, or other Officer acting in the Execution of any of the Provisions of this Act, or in the enforcing any Rules and Regulations made and in force under the Authority thereof, shall be deemed a Trespasser, or be liable to any Action, Suit or Prosecution, for or by reason of any Act, Matter or Thing, done in the Execution of his Office, or for the carrying the Provisions of this Act into Execution, or enforcing any Rules or Regulations established under the same, and not done by him maliciously; and if any Person shall bring a Suit or Action for any such Matter or Thing, and it shall appear to the Court before which the same shall be tried, that the Act complained of in such Action or Suit was not done maliciously, and the Court shall certify the same on the Record, then and in that Case the Plaintiff shall not be entitled to more than Sixpence Damages, nor to any Costs of Suit.
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Lord Lieutenant may order Money to be paid out of Revenue of Customs to Commissioners of Fisheries, for Encouragement of Coast Fisheries.
Commissioners to report Application thereof, &c.
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LXVI. And for the Encouragement of the Coast Fisheries of Ireland, be it enacted, That it shall and may be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland, from time to time to direct any Sum or Sums of Money not exceeding the Sum of Five thousand Pounds in any one Year, to be paid to the Commissioners of the Irish Fisheries, out of the Revenues of the Customs and Port Duties in Ireland, to be applied by the said Commissioners in the Encouragement of such Coast Fisheries, under such Orders, Rules, Regulations and Directions, as the said Commissioners shall from time to time think fit to make for that Purpose: Provided always, that the said Commissioners shall, on or before the First Day of June in each Year, report to the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, in what manner and under what Regulations such Sum or Sums of Money have been applied; and that a Copy of such Report signed by the said Commissioners shall from time to time be laid before both Houses of Parliament, within Fourteen Days after the Commencement of every Session next ensuing such First Day of June.
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25 G. 3. (I.)
26 G. 3. (I.)
27 G. 3. (I.)
28 G. 3. (I.)
continued by various Acts to 29th Sept. 1819, are then to cease.
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LXVII. And be it further enacted, That an Act made in the Parliament of Ireland, in the Twenty fifth Year of the Reign of His present Majesty, intituled An Act for the further Improvement and Extension of the Fisheries on the Coasts of this Kingdom; and also an Act made in the Parliament of Ireland, in the Twenty sixth Year of the Reign of His present Majesty, to explain and amend the said recited Act of the Twenty fifth Year aforesaid; and also an Act made in the Parliament of Ireland, in the Twenty seventh Year of the Reign of His present Majesty, to amend the said recited Act of the Twenty fifth Year aforesaid; and also an Act made in the Parliament of Ireland, in the Twenty eighth Year of the Reign of His present Majesty, intituled An Act to explain and amend the Laws relative to the Fisheries on the Coasts of this Kingdom; all which Acts have, by several Acts, been from time to time continued, and are in force until the Twenty ninth Day of September One thousand eight hundred and nineteen, shall, from and after the said Twenty ninth Day of September One thousand eight hundred and nineteen, cease and determine, and shall no longer be in force and effect.
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Continuance of Act.
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LXVIII. And be it further enacted, That this Act shall be in force for Five Years from and after the passing thereof, and from thence until the End of the then next Session of Parliament.
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