S.I. No. 613/1935 - Sea Fisheries (Transfer of Properties) Order 1935.

STATUTORY RULES AND ORDERS. 1935. No. 613.

SEA FISHERIES (TRANSFER OF PROPERTIES) ORDER 1935.

WHEREAS it is enacted by sub-section (1) of Section 2 of the Sea Fisheries Act, 1931 (No. 4 of 1931), that the Minister for Lands and Fisheries may, from time to time by order, made with the consent of the Minister for Finance, vest in the Sea Fisheries Association of Saorstát Eireann, Limited (therein and hereinafter referred to as " the Society ") upon such terms and conditions as may be mentioned in such order any sea-fishing boats or any chattels used in connection with sea-fishing which are for the time being vested in the Minister for Lands and Fisheries by statute, deed, contract or otherwise :

AND WHEREAS it is enacted by sub-section (2) of the said Section 2 that any property vested in the Society by an order made under that section shall, under and by virtue of such order and without the necessity for any other conveyance or assignment whatsoever but subject in the case of registered sea-fishing boats to registration in the register of shipping, become and be vested in the Society for all the estate, term and interest or respective estates, terms and interests for which the same were immediately before such order vested in or held by the Minister for Lands and Fisheries but subject to such (if any) trusts and equities as shall affect the said property at the time of making such order and be then legally subsisting and capable of taking effect :

AND WHEREAS by virtue of the Fisheries (Re-distribution of Public Services) Order, 1934 (Statutory Rules and Orders, No. 40 of 1934) :—

(a) the public services of the Minister for Lands and Fisheries concerned with fisheries and the administration, jurisdiction, powers, duties and functions thereof become transferred to the Minister for Agriculture ; and

(b) the sea-fishing boats and chattels used in connection with sea fishing mentioned in the Schedule to this Order became and are vested in the Minister for Agriculture for the several estates and interests for which the same were, immediately before the commencement of the said Order, respectively vested in the Minister for Lands and Fisheries, but subject to all equities affecting the same respectively in the hands of the Minister for Lands and Fisheries immediately before such commencement, and

(c) every mention of or reference to the Minister for Lands and Fisheries contained in any Act of the Oireachtas and relating to a public service transferred by the said Order is to be construed and have effect as a mention of or reference to the Minister for Agriculture :

AND WHEREAS the transfer of property affected by this Order is (except in the case of the chattels mentioned in Part III of the Schedule to this Order where the transfer is by way of free gift) by way of sale for money considerations amounting in all to the sum of five thousand six hundred and ten pounds twelve shillings and one penny which has been duly paid to the Minister for Agriculture by the Society :

NOW, I, SEAMAS O RIAIN, Minister for Agriculture, with the consent of the Minister for Finance, in exercise of the powers conferred on me by Section 2 of the Sea Fisheries Act, 1931 (No. 4 of 1931) and of every and any other power me in this behalf enabling hereby order as follows :—

1. This Order may be cited for all purposes as the Sea Fisheries (Transfer of Properties) Order, 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. The sea-fishing boats mentioned in Part I of the Schedule to this Order and the chattels used in connection with sea-fishing mentioned in Parts II and III of the said Schedule are hereby vested in the Sea Fisheries Association of Saorstát Éireann, Limited for all the estate, term and interest or respective estates, terms and interests for which the same were immediately before the time of the making of this Order vested in or held by the Minister for Agriculture but subject :—

(a) in the case of registered sea-fishing boats, to registration in the register of shipping, and

(b) to such (if any) trusts and equities as shall affect the said property at the time of the making of this Order and be then legally subsisting and capable of taking effect.

Given under my Seal of Office, this 16th day of October, 1935.

(Signed) SEAMAS O RIAIN,

Minister for Agriculture.

I hereby consent to the foregoing Order.

(Signed) SEÁN MacENTEE,

Minister for Finance.

SCHEDULE.

PART I.

SEA-FISHING BOATS.

PART II.

CHATTELS USED IN CONNECTION WITH SEA FISHING.

1. Fishing nets and other gear now or formerly in Downings Store situate at Downings, Carrigart, County Donegal.

2. Boatbuilding plant and materials now or formerly in Meevagh Boatyard situate at Meevagh, Downings, County Donegal.

3. Engineering plant and materials now or formerly in Meevagh Motor Shop situate at Meevagh, Downings, County Donegal.

4. Timber hut or office situate at Killybegs, County Donegal.

5. Sixty-three herring nets.

6. Forty-nine mackerel nets.

7. Ten cod nets.

8. Three coils manilla rope and sundry small gear.

9. Eight trawling charts.

10. One capstan.

11. One spring balance.

12. Two hundred and three glass net floats.

PART III.

CHATTELS TRANSFERRED BY WAY OF FREE GIFT.

Remains of a windmill pumping plant situate at Cleggan, County Galway