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S.I. No. 103/1949 - River Foyle (Tidal Waters) Order, 1949.

S.I. No. 103 of 1949.

RIVER FOYLE (TIDAL WATERS) ORDER, 1949.

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

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

AND WHEREAS it was on the 13th day of October, 1948, judicially determined by the High Court, in an action wherein the Foyle and Bann Fisheries, Ltd., and the Society of the Governors and Assistants, London, of the new Plantation in Ulster within the realm of Ireland were plaintiffs and the Attorney-General and others were defendants, that no several or exclusive fishery existed in such tidal waters :

NOW, THEREFORE, I, JAMES M. DILLON, Minister for Agriculture, in exercise of the powers conferred on me by subsection (1) or section 2 of the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934) (which Act is continued in force by the Fisheries Act, 1939 (No. 17 of 1939) ), and of every and any other power me in this behalf enabling, hereby, with the concurrence of the Minister for Finance testified by his signature hereto, order as follows :—

1. (1) This Order may be cited as the River Foyle (Tidal Waters) Order, 1949.

(2) This Order shall come into operation on the 25th day of April, 1949.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

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.

SCHEDULE.

The tidal waters of the River Foyle, in the No. 142 or Moville District, that is to say, the waters of that part of the River Foyle wholly situate in the County of Donegal and known as the " Branch Stream," between a line drawn across the river at right angles to its course from the northernmost point of Corkan Isle and a line drawn across the river at right angles to its course from the southernmost point of Island More.

GIVEN under my Official Seal, this 14th day of April, 1949.

(Signed) JAMES M. DILLON,

Minister for Agriculture.

I concur in the making of the foregoing Order.

(Signed) PATRICK McGILLIGAN,

Minister for Finance.