sioners to be Evidence. 13 & 14 Vict. missioners under the Provisions of this Act, shall be recorded in Commisthe Office of the Commissioners, and a Copy of each such Bye- recorded and law, Order, Decision, Judgment, or Definition (as the Case may be) Copies to be shall be deposited with the Clerk or Clerks of the Peace for the 5 County or Counties to any Part of which, or the Sea bordering on c. 88. s. 28 which, or any Part of which, the same shall relate or apply; and in all Cases where it shall hereafter become necessary to prove any such Byelaw, Order, Decision, Judgment, or Definition in any Court of Law or Justice, or elsewhere, a Copy obtained from the 10 Office of any Clerk of the Peace with whom the same may be lodged, and certified by him to be a true Copy thereof, shall be received and taken as full and sufficient Evidence of the Existence of any such Byelaw, Order, Decision, Judgment, or Definition; and any such Byelaw, Order or Decision, Judgment or Definition, shall not be 15 quashed, set aside, or adjudged void or insufficient for Want of Form only, and shall not be liable to be removed by Certiorari or otherwise into Her Majesty's Court of Queen's Bench, or any other of Her Majesty's Courts of Record in Dublin. Licences, Fishery Districts, Conservators, &c. 20 48. Whereas by reason of the Want of Co-operation among the 11 & 12 Vict. several Parties exercising the Rights of Salmon Fishing, and the c. 92. s. 1. Extent of the common or public Rights of such Fishing on the Sea Coast and in the Estuaries and Rivers of Ireland, and the varied and conflicting Interests involved therein, it is expedient, with a view to 25 the Increase and Improvement of the said Fisheries, to make Provision for the due Protection thereof: And whereas it is expedient that Funds should be provided for defraying the Cost of such additional Protection, and it is just and right that the same should be levied from the Persons for the Time being using any Engine or 30 Device whatsoever for the Capture of such Fish: Be it enacted, That All Engines, from and after the First Day of January One thousand eight hundred Salmon Fishand sixty-three, all Engines, Nets, Instruments, or Devices whatso- ing, &c. to ever used for the taking of Salmon, or Fish of the Salmon Kind, and and pay an all Salmon Fisheries shall, before the same be used in the said Year annual Duty. 35 or any subsequent Year, be duly licensed and rated in the Manner 11 & 12 Vict. herein-after prescribed, upon Payment of the Licence Duty or Rate, as the Case may be, herein-after provided. Nets, &c. for be licensed c. 92. s. 8. formed 49. And whereas under the said Act of the Twelfth Year of Her Fishery Majesty, Chapter Ninety-two, it was enacted, that the Commissioners for Districts 40 the Execution of that Act should, as they might find it expedient, divide under the Ireland and the Sea Coast and Islands thereof into Districts for the 11 & 12 Vict. Purposes of that Act, and should cause the said Districts to be defined 13 & 14 Vict. and described by suitable Notices and Maps to be published for that c. 88. c. 92. and to continue till altered under this Act. Power to alter same. 11 & 12 Vict. c. 92. s. 3. c. 88. s. 6. Purpose; and each such District should be so formed as to embrace One or more River or Rivers, or Lake or Lakes, with the Tributaries thereof, which are frequented by Salmon, or Fish of the Salmon Kind, or Eels, together with such Portions of the Sea Coast and Islands adjacent thereto as should be described by such Maps; and 5 the Commissioners should subdivide each such District into Two or more Electoral Divisions, to be called the Upper or Fresh Water and Lower or Tidal Electoral Divisions of such Districts, and upon the Maps aforesaid the said Commissioners should cause to be delineated the Limits and Boundaries of such Electoral Divisions as afore- 10 13 & 14 Vict. said; and it should be lawful for the said Commissioners from Time to Time, if it should appear to them expedient or necessary so to do, to alter any such District or Electoral Division and fix other Boundaries for the same, duly publishing and describing the same as herein-before provided: And whereas the said Commissioners have, for the Purpose of 15 regulating the Use of certain Engines, and generally for the Purposes of the said Act, made sundry Divisions and Subdivisions of Fishery Districts, and have duly published the same respectively, and Boards of Conservators have been elected for such Districts respectively, which said Divisions and Subdivisions respectively it may be desirable to 20 revise and alter from Time to Time for the Purposes of this Act: Be it therefore enacted, That the several Fishery Districts and Divisions and Subdivisions thereof now established or existing under the Provisions of the said Act or any Act for amending the same, shall continue as if the said Acts had not been repealed, unless and until the 25 same shall be altered as herein provided; and that the Commissioners for the Execution of this Act may for the Purposes aforesaid alter or subdivide such District or any Electoral Division thereof, and may fix other Boundaries for the same, or unite any Two or more Electoral Divisions of One District, or make any new or additional 30 or substituted Electoral Division in any District, and determine the Number of Conservators to be elected for each such Electoral Division Provided always, that every such Alteration or Subdivision, Union, or Addition, or Substitution shall be duly published and described, with the Boundaries of the same, in such Manner as the said 35 Commissioners may think suitable. Conservators of Fisheries to be elected for each District. 11 & 12 Vict. 13 & 14 Vict. c. 88. s. 13. 50. For each such District as aforesaid Conservators of Fisheries shall be triennially elected and appointed as herein-after provided: c. 92. s. 4. and Provided always, that no elected or other Conservator shall be qualified, so long as he holds such Office, to receive or hold any 40 But not to hold Office or Appointment under this Act to which any Salary, Allowance, or Remuneration is incident. any Office of Profit. 13 & 14 Vict. c. 88. s. 11. Commis sioners to prescribe 51. The Commissioners shall be authorized and empowered to determine and declare the Number of Conservators, not less than to be elected than Three nor more than Nine, which shall be elected and returned Number of from each such Electoral Division to represent the same, and the Per- Conservators sons so to be returned for each Electoral Division shall be the elected from each Conservators of Fisheries for the District until the next Election. Electoral Division. 11 & 12 Vict. Several Fish to be Con as elected Conser 5 52. If in any District One or more Persons shall possess a c. 92. s. 5. Several or exclusive Fishery or Fisheries therein, as Owner, Lessee, Owners of or Occupier, valued under the Acts for the more effectual Relief of eries of a the Destitute Poor in Ireland at One hundred Pounds yearly or certainValue upwards, he or they shall be entitled to sit with the elected Conserva- servators in 10 tors for such District, and shall be deemed ex officio a Conservator or like Manner Conservators for the same, so long as he or they shall possess such Fishery or Fisheries, and shall have a Vote in all Matters, and shall vators. have all the Powers and Privileges under this Act which the said 11 & 12 Vict. elected Conservators may individually possess: Provided always, 15 that where a Fishery so rated shall be held by several Persons as Owners, Lessees, or Occupiers, One Person alone shall sit and act as a Conservator as aforesaid in respect of such Fishery. c. 92. s. 6. to be chosen Licence. 11 & 12 Vict. c. 92. s. 7. 53. The elected Conservators shall be elected triennially by the Elected Persons who shall have paid Licence Duty and been licensed within Conservators 20 each Electoral Division of a District in the current Year, under the by the PerProvisions of this Act, in the Manner herein-after mentioned: Provided sons paying always, that such Licence Duty shall have in all Cases been paid at least Three Months before the Date of such Election; or in case no Licences shall have been issued for such current Year, or all such 25 Licences shall have been issued within Three Months before such Election, then the Conservators shall be elected by the Persons who shall have paid Licence Duty as herein-after provided for the Year immediately preceding such Election, under the Provisions of this Act or of the Acts hereby repealed, in the Manner herein-after 30 mentioned. Licence for Conser C. 92. s. 9. 54. Every Person who shall have paid Licence Duty under Persons who this Act, within and for any such Electoral Division within any Year, have paid shall be entitled to vote at the Election of the Conservators to be Duty enchosen for such Division held for such current Year, either in Person titled to vote 35 or by Proxy, according to such Regulations and Forms for the vators. Election as shall be fixed and directed by the Commissioners before 11 & 12 Vict. mentioned, such Proxy being a qualified Elector, and shall be entitled to have a Vote or Votes thereat according to the following Scale; (that is to say,) if the Licence Duty so paid by such Person shall not Votes to be 40 amount to Two Pounds, One Vote; if the same shall amount to Two cumulative. Pounds, and not to Five Pounds, Two Votes; and if the same shall amount to Five Pounds, and not to Ten Pounds, Three Votes; and if the same shall exceed Ten Pounds, Four Votes. 11 & 12 Vict. c. 92. s. 9. Persons en titled to vote 55. Every Person so entitled to vote at the Election of Confor Conser- servators for any such Division shall be qualified to be elected a vators quali- Conservator for such Division. fied to be elected. The Scale of Licence Duties and Rates for each Dis trict to be 56. The Commissioners shall fix and determine the Scale of Licence Duties and Rates to be paid as aforesaid in respect of all 5 Engines, Nets, Instruments, or Devices whatsoever used for the taking of Salmon, or Fish of the Salmon Kind, and for all Salmon fixed by the Fisheries within each District, or on or off the Sea Coast thereof, and shall give public Notice of the same within each District: Provided always, that such Licence Duties and Rates respectively 10 shall not exceed the Amount of the respective Licence Duties and Rates specified in the Schedule to this Act annexed. Commis sioners. 11 & 12 Vict. c. 92. s. 10. Conservators in Office at passing of Act to hold Office till next Elec tion. First Meet Licence sioners. 57. All Conservators holding Office at the passing of this Act shall continue in Office until the First Election of Conservators to be held under the Provisions of this Act, and no longer. 15 58. For the Purposes of such First Election of Conservators the ings of Per- existing Boards of Conservators, or in their Default, the Commissons paying sioners, shall appoint the Places and Times at which all Persons Duty for the who shall have paid the Licence Duty as herein provided in each Election of Electoral Division of each District for the Year One thousand eight 20 Conservators to be called hundred and sixty-two shall assemble in the Month of October by Commis- in that Year, the said Conservators or Commissioners, as the Case may be, giving Two Weeks Notice thereof by Hand-bills and Advertisements in Two or more Newspapers circulating in such District; and all Persons who shall have paid any such Licence 25 Duty for such Year within such Electoral Division shall be entitled to vote at such respective Meeting, and shall choose a Chairman to preside thereat: Provided always, that it shall be lawful for the said Commissioners, or any One or more of them, to attend and preside at any such First Meeting, instead of such Chairman. Commis sioners may attend and preside. 11 & 12 Vict, c. 92. s. 11. Persons such First Meetings 30 59. The Persons so assembled in each Electoral Division at such assembled at First Meetings, and at all Triennial Meetings for such Elections, and who shall be qualified to vote under this Act, shall have Power to elect and at future the appointed Number of Persons as herein provided to represent Annual Meet them as Conservators of the Fisheries for the ensuing Three Years; 35 ings to elect and it shall and may be lawful for the Chairman as aforesaid, or the Conservators of Fisheries Commissioners or any Inspector appointed by them, as the Case 11 & 12 Viet. may be, to receive the Votes of the Persons so assembled as aforec. 92. s. 12. said, and to declare the Persons who shall have received the greater Number of Votes to be the elected Conservators as aforesaid; 40 and the Chairman of such Meeting, or the Commissioners or Inspector, as the Case may be, shall certify under his or their for the Year. Hand Hand the Election of each Conservator, and furnish him with a Certificate, which shall be sufficient Authority for him to act as such Conservator as herein provided, and shall also within Four Days after such Election cause a List of such Conservators, with a Statement of 5 the Residence and Post Town of each, to be transmitted to the Office of the Commissioners; and the Persons so elected for each Electoral Division of a District shall conjointly form, with any such ex officio Conservators as aforesaid, a Board of Conservators of Fisheries for such District, until the Formation of a new Board in like 10 Manner. Conser vators, when 60. For the Purpose of all subsequent Elections the Board of Board of Conservators of each District shall from Time to Time fix and determine and duly publish Notice of the Times and Places for the General constituted, Meetings of such Board, and also the Times and Places for the then to fix Times 15 next Meetings of Electors in each Electoral Division for the Election of Meetings. of Conservators for the same. and Places 11 & 12 Vict. c. 92. s. 12. Commis 61. If any Board of Conservators shall fail to give Notice or In default appoint Times and Places for holding such Meetings for Elections as sioners aforesaid, it shall be lawful for the said Commissioners to appoint may fix 20 Times and Places for such Purpose as they may think proper, and in Times and such Case the Election shall be as good and valid in Law as if the Meetings. Meeting had been duly called by the Conservators. Places of 13& 14 Vict. c. 88. s. 13. Failure of 62. If the Persons entitled to meet and elect such Represen- In case of tatives or Conservators in any One or more Electoral Division or any Electoral 25 Divisions of a District shall fail or neglect so to do, the Representa- Divisions to elect, the tives or Conservators of any other One or more Electoral Division or Conservators Divisions of such District for which Conservators shall have been of other 30 35 elected shall be empowered, nevertheless, to act in all Matters and Things relating to such District under the Provisions of this Act. Divisions shall act for the District. 11 & 12 Vict. On Failure 63. If no One Electoral Division in a District shall elect Con- c. 92. s. 15. servators as aforesaid, it shall be lawful for the previously existing of Election Board of Conservators for such District to continue to act as, and to of any Conall Intents and Purposes they shall be, Conservators for such District servators, until the Period for the next Triennial Election. the former Board to act. 11 & 12 Vict. c. 92. s. 16. Provisions the Board of 64. In case any Conservator shall die, resign, or become incapable to act during the Period for which he is elected, the other Conser- in case of vators elected for the same District (notwithstanding such his Death, Vacancies in Resignation, or Incapacity, and whether any Person shall or not be Conservaelected in his Room,) shall immediately summon another General tors. 40 Meeting of the Persons in his Electoral Division so entitled to meet as herein-before mentioned, for the Purpose of electing a Conservator 13 & 14 Vict. c. 88. s. 10. |