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S.I. No. 38/1935 - Rivers Owenea and Owentocker (Tidal Waters) Order, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 38.

RIVERS OWENEA AND OWENTOCKER (TIDAL WATERS) ORDER, 1935.

WHEREAS it is enacted by sub-section (1) of Section 2 of the Fisheries (Tidal Waters) Act, 1934 , (No. 24 of 1934) that the Minister for Agriculture may, with the concurrence of the Minister for Finance, from time to time by order declare that the said Act applies to the tidal waters of any particular river or estuary in which, for not less than twenty years before the 1st day of January, 1933, a several or exclusive fishery was believed to exist and was enjoyed as of right, but in respect of which the person who on the 1st day of January, 1933, exercised as of right the said several or exclusive fishery in such tidal waters does not nor does any other person claim to have or enjoy as of right a several or exclusive fishery in such waters;

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

AND WHEREAS the person who on the 1st day of January, 1933, exercised as of right the said several or exclusive fishery in such tidal waters does not nor does any other person claim to have or enjoy as of right a several or exclusive fishery in such waters;

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

1. (1) This Order may be cited for all purposes as the Rivers Owenea and Owentocker (Tidal Waters) Order, 1935.

(2) This Order shall come into operation on the first day of March, 1935.

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

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

Given under my Seal of Office this 27th day of

February, 1935.

SÉAMAS O RIAIN,

Minister for Agriculture.

I concur in the making of the foregoing Order.

SEÁN MACENTEE,

Minister for Finance.

SCHEDULE.

The tidal waters of the Rivers Owenea and Owentocker in the No. 14 or Letterkenny District, that is to say the waters from the boundary between the tidal and freshwater portions of the said River Owenea and from the boundary between the tidal and freshwater portions of the said River Owentocker to the common mouth of the said Rivers Owenea and Owentocker combined, the said boundaries having been defined by Order (Definition No. D. 127) made on the 3rd day of May, 1934, by the Minister for Agriculture under the Fisheries Acts, 1842 to 1925, and the said common mouth having, on the 9th day of May, 1864, been defined and marked on a map or plan of the said rivers by the Special Commissioners appointed under the Salmon Fishery Act, 1863.