FOYLE FISHERIES ACT, 1952 (1952_act_5) | IE

ISB Act 1952-03-25

Schedule 1 FOYLE FISHERIES ACT, 1952 Open official source

FIRST SCHEDULE. Enactments not in force in Moville Area.

Enactments not in force in Moville Area.

Section 4

Session and Chapter or Number and Year

Short title

Provisions not in force

(1)

(2)

(3)

5 & 6 Vic., c. 106.

The Fisheries (Ireland) Act, 1842.

Sections 20, 28, 33 (so far as relates to salmon and trout), 35 (so far as relates to salmon and trout), 40, 66, (except so far as relates to a several fishery), 70, 73, 78, 82 to 91, 111, 112 and Schedule.

8 & 9 Vic., c. 108.

The Fisheries (Ireland) Act, 1845.

Sections 10 to 14.

11 & 12 Vic., c. 92.

The Fisheries (Ireland) Act, 1848.

Sections 4 to 9, 11 to 19, 21 to 24, 26 to 34, 36, 38 and Schedule (so far as relates to salmon and trout).

13 & 14 Vic., c. 88.

The Fisheries (Ireland) Act, 1850.

Sections 4, 7 to 9, 12, 13, 34, 36 and 46.

26 & 27 Vic., c. 114.

The Salmon Fishery (Ireland) Act, 1863.

Sections 18, 20 to 23, 25, 26, 29 and 31.

32 & 33 Vic., c. 92.

The Fisheries (Ireland) Act, 1869.

Sections 15 and 17.

9 Edw. VII, c. 25.

The Fisheries (Ireland) Act, 1909.

The whole Act (so far as relates to salmon and trout).

No. 6 of 1924.

The Fisheries Act, 1924.

The whole Act.

No. 32 of 1925.

The Fisheries Act, 1925.

Sections 5 to 14, 24, 25, 27, 28, 30, 33, 34 and First Schedule (so far as relates to salmon and trout).

No. 24 of 1934.

The Fisheries (Tidal Waters) Act, 1934.

The whole Act.

No. 17 of 1939.

The Fisheries Act, 1939.

Sections 6 to 24, 27, 28, 35 to 37, 39, 48, 52 to 96.

No. 6 of 1944.

The Fisheries (Amendment) Act, 1944.

Section 2.

No. 18 of 1949.

The Fisheries (Amendment) Act, 1949.

Sections 5 to 15 and Second Schedule.

No. 27 of 1949.

The Fisheries (Statute Law Revision) Act, 1949.

Sections 7 to 13, 24 to 26, 28, 31 to 33, 35 to 39.

ISB Act 1952-03-25

Schedule 2 FOYLE FISHERIES ACT, 1952 Open official source

SECOND SCHEDULE. DRAFT TERMS OF AGREEMENT TO BE MADE BETWEEN THE IRISH SOCIETY AS VENDOR AND THE MINISTER AND THE MINISTRY AS PURCHASERS.

DRAFT TERMS OF AGREEMENT TO BE MADE BETWEEN THE IRISH SOCIETY AS VENDOR AND THE MINISTER AND THE MINISTRY AS PURCHASERS.

Section 8

1. (1) The Irish Society sells and the purchasers purchase for the consideration hereinafter appearing all the estate right title and interest of the Irish Society to and in—

(a) the fee simple in possession free from incumbrances of a several fishery in the tidal portions of the Lough and River Foyle and of its tributary the River Faughan (as shown coloured yellow on the map prepared in triplicate upon which for the purpose of identification the parties hereto have affixed their seals immediately before the execution of this Agreement) exclusive of such rights in the ground and soil thereof as are in paragraph 2 hereof agreed to be extinguished and save as mentioned in paragraphs 3 and 4 hereof;

(b) the lands held by the Irish Society for the purposes of or in connection with the said several fishery and more par ticularly referred to in the annex to this Agreement free from incumbrances save as mentioned in paragraph 3 hereof according to the several estates and titles for and under which they are respectively held and enjoyed;

(c) all fixed nets or other fixed engines of any kind whatsoever belonging to the Irish Society and situate in the said tidal waters; and

(d) all easements, quasi-easements, accommodations and other rights owned used or enjoyed by the Irish Society for the purposes of or in connection with the said several fishery over across or on any lands other than those herein expressly mentioned.

(2) The consideration for the said sale is the payment by the Purchasers to the Irish Society of the sum of £106,885 (with interest on £102,485 portion of the said sum, calculated at the rate of three per centum per annum from the first day of March, 1951, to the date of this Agreement) (the receipt of which said sum and interest the Irish Society hereby acknowledges).

2. In consideration of the payment to it of the sum aforesaid the Irish Society hereby consents and agrees to all the estate right title and interest of the Irish Society in and to the ground and soil and foreshore of the tidal portion of said Lough and River Foyle and of the tidal portion of the River Faughan (which said tidal portions are shown coloured yellow on the said map) being extinguished by legislation and hereby releases and discharges the purchasers and all other persons whatsoever from and against all actions suits claims and demands by the Irish Society (whether for compensation or otherwise) in respect or in consequence of such extinction or of the divesting of any other estate right title or interest of the Irish Society in to or over the said tidal portions by virtue of the operation of any such legislation.

3. The Irish Society will at its own expense when requested by the purchasers enter into a covenant binding upon the Irish Society and its successors in title with the purchasers and each of them their and each of their successors in title that the rentcharge of £250 per annum settled upon the Lord Bishop of Derry and his successors for ever by Statute 3 and 4 Anne Chapter 1 and the rentcharge of £12 settled upon the said Bishop by virtue of Deed Poll dated 11th May, 1705, shall be charged upon such of the property of the Irish Society as the purchasers shall select and to the intent that the said rentcharges shall be paid by the Irish Society and its successors in title in complete exoneration of the Purchasers and their successors in title and indemnifying the lands and property hereby sold and the estates rights title and interests agreed in paragraph 2 hereof to be extinguished by legislation and the Purchasers and each of them their and each of their successors in title from and against the payment of the same or of any part thereof and against all proceedings costs damages claims demands and liability by reasons of any non-payment of the same or any part thereof.

4. Nothing in this agreement shall prejudice or affect any right vested immediately before the execution hereof in any person other than the Irish Society to use a fixed engine under certificate granted under Section six of the Salmon Fishery (Ireland) Act, 1863.

5. This Agreement shall operate as if it contained covenants by the Irish Society:—

(a) as to the several fishery described in paragraph 1 (a) here of that the Irish Society has not executed or done or knowingly suffered or been party or privy to any deed or thing whereby or by means whereof the said several fishery or any part thereof is or may be impeached, charged, affected or incumbered in title, estate or otherwise or whereby or by means whereof the Irish Society is in anywise hindered from selling and conveying the said several fishery or any part thereof in the manner affected by this agreement,

(b) as to the lands described in paragraph 1 (b) hereof in terms of those implied in a conveyance for valuable consideration other than a mortgage (including in respect of leasehold property the further covenant in respect of an assignment thereof) by a person who conveys and is expressed to convey as beneficial owner.

ANNEX.

1. ALL THOSE two parcels of ground with the buildings thereon situate adjacent to the Fort of Culmore in the Townland of Culmore Parish of Templemore Barony of North West Liberties of Londonderry and County of Londonderry more particularly delineated on the map thereof marked Number 1 prepared in triplicate upon which for the purpose of identification the parties hereto have affixed their seals immediately before the execution of this Agreement and thereon coloured red.

2. ALL THAT parcel of ground with the buildings thereon situate adjoining the road leading to Culmore Point which said road runs between the parcel and the River Foyle as the said parcel is more particularly delineated on the map thereof marked Number 2 prepared in triplicate upon which for the purpose of identification the parties hereto have affixed their seals immediately before the execution of this Agreement whereon the parcel is coloured red and blue which premises are in the Townland of Culmore Parish of Templemore Barony of the North West Liberties of Londonderry and County of Londonderry.

3. ALL THAT parcel of ground with the buildings thereon known as “Shell Rock Hut” situate near Rosses Bay in the Townland of Caw, Parish of Clondermot, Barony of Tirkeeran and County of Londonderry, more particularly delineated on the map thereof marked Number 3 prepared in triplicate upon which for the purpose of identification the parties hereto have affixed their seals immediately before the execution of this Agreement and thereon coloured red.

4. ALL THAT parcel of land containing 8 acres and 15 perches or thereabouts statute measure situate in the Townland of Cloghboy, Barony of Strabane Lower and County of Tyrone, the subject of folio 5349 of the Register County Tyrone together with all buildings and erections thereon and the appurtenances thereunto belonging or in anywise appertaining thereto which said parcel is more particularly delineated on the map thereof marked Number 4 prepared in triplicate upon which for the purpose of identification the parties hereto have affixed their seals immediately before the execution of this Agreement and thereon coloured blue.

ISB Act 1952-03-25

Schedule 3 FOYLE FISHERIES ACT, 1952 Open official source

THIRD SCHEDULE. The Foyle Fisheries Commission.

The Foyle Fisheries Commission.

Section 11.

Incorporation.

1. The Commission shall be a body corporate with perpetual succession and a common seal and power to sue and be sued and to acquire and hold land without licence in mortmain.

Particular powers of the Commission.

2. The Commission shall have, in addition and without prejudice to any powers given to it under any other provision of this Act, power to do any of the following things—

(a) to take legal proceedings for the enforcement of any provision of this Act or of any regulations made under this Act;

(b) to purchase or take on lease any fishery or any establishment for the artificial propagation or rearing of salmon, trout or other freshwater fish and to operate any fishery and any such establishment;

(c) to apply and expend, subject to the provisions of this Act, all money paid to the Commission in such manner as the Commission thinks proper for the government, management, maintenance or improvement of the fisheries of the Foyle Area;

(d) to execute such works and do such things as the Commission considers expedient for the purpose of its functions.

Special powers during transitional period.

3. (1) Notwithstanding anything contained in this Act, the Commission may at its discretion, during the transitional period, control, manage and deal with the fishing in that part of the tidal waters of the Foyle Area vested in the Minister and the Ministry which lies between an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the County of Derry meets the river on each side and the defined mouth of the river.

(2) The transitional period for the purpose of this paragraph shall be the period of three years commencing on the establishment date or such longer period as the Minister and the Ministry may from time to time fix by agreement.

Disposal of surplus moneys.

4. Any surplus moneys for the time being in the hands of the Commission shall be disposed of by it in such manner as the Minister and the Ministry may from time to time jointly direct.

Membership.

5. The Commission shall consist of four members, of whom two shall be senior members and two shall be junior members.

Appointment.

6. (1) One senior and one junior member shall be appointed by the Minister and the other senior member and junior member shall be appointed by the Ministry.

(2) Each member, except a member appointed to fill a casual vacancy, shall be appointed for a period of five years.

(3) If a casual vacancy occurs amongst the members, the authority who appointed the outgoing member shall appoint a person to fill the vacancy.

(4) The person so appointed shall hold office for the remainder of the period for which his predecessor, if he had continued to be a member, would have held office.

(5) An outgoing member may be re-appointed.

Chairman.

7. (1) The first chairman of the Commission shall be such senior member as the members may elect. In the event of a tie, he shall be chosen by lot.

(2) The first chairman shall hold office until the end of the first year of his term of office as a member.

(3) At the end of that year, the other senior member shall be chairman for a period of one year and thereafter the office shall be held in rotation for one year by the senior members.

(4) If a person ceases to be a member during his term of office as chairman, the person appointed as a member in his place shall hold office as chairman for the remainder of that term.

The Secretary.

8. (1) The Commission shall have a secretary.

(2) The secretary shall be the junior member who was appointed to the Commission by the authority other than that by whom the senior member who is the chairman for the time being was appointed.

Resignation and removal of members.

9. A member may be removed from office by, and may resign by letter addressed to, the authority by whom he was appointed.

Offices.

10. The Commission shall have an office in the State and an office in Northern Ireland.

Common seal.

11. (1) The common seal of the Commission shall, when applied to a document, be attested by the signature of one member appointed by the Minister and one member appointed by the Ministry.

(2) Judicial notice shall be taken of the common seal of the Commission and every document purporting to be an instrument made by the Commission and to be sealed with the common seal of the Commission and to be attested in accordance with this para graph shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

Contracts and instruments not under seal.

12. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission for that purpose.

Procedure at meeting.

13. (1) The quorum for a meeting of the Commission shall be two, of whom one shall be a member appointed by the Minister and the other shall be a member appointed by the Ministry.

(2) Every question at a meeting shall be decided by the votes of the majority of those present and voting.

(3) In case of an equal division of votes at a meeting at which all the members are present and voting, the chairman shall have a second or casting vote.

(4) Subject to subparagraph (1), the Commission may act notwithstanding vacancies in its membership.

(5) Subject to the provisions of this Schedule, the Commission may regulate, by standing orders or otherwise, its procedure and business.

Minutes.

14. The secretary shall keep minutes of the proceedings of the Commission and each member of the Commission shall have the right to inspect and make extracts from the minutes.

Power to acquire and dispose of land.

15. The Commission may purchase and take on lease such land and build, equip and maintain such premises as it considers necessary for the performance of its functions and may sell or lease any such land or premises no longer required by it for that purpose.

Staff.

16. (1) The Commission may employ such staff as it considers necessary for the performance of its functions.

(2) The numbers, grades, remuneration and conditions of employment of members of the staff shall be such as the Commission, with the approval of the Minister and the Ministry, may determine.

(3) On the establishment date the persons who, immediately before that date, were employed by the Moville Board or the board of conservators for the Londonderry District shall become members of the staff of the Commission on the same conditions as those subject to which they were so employed.

Accounts and audit.

17. (1) The accounts of the Commission shall be made up to the 30th day of September in each year.

(2) The accounts for each year shall be audited by an auditor appointed by the Minister and an auditor appointed by the Ministry.

(3) The fees of auditors and the expenses of audits shall be paid by the Commission.

(4) Copies of the audited accounts and of the report of the auditors thereon shall, immediately after the audit, be sent by the auditors to the Minister and to the Ministry.

Annual report.

18. The Commission shall annually make to the Minister and the Ministry a report of its work during the preceding year.

Expenses of members.

19. The Commission shall pay to each of its members such travelling, maintenance and incidental expenses incurred by him as the authority by whom he was appointed may sanction.

ISB Act 1952-03-25

Schedule 4 FOYLE FISHERIES ACT, 1952 Open official source

FOURTH SCHEDULE>. The Advisory Council for the Foyle Area.

The Advisory Council for the Foyle Area.

Section 22

Constitution.

1. The Advisory Council shall consist of—

(a) elected members, and

(b) ex-officio members.

Election year.

2. The year 1952 and every third successive year thereafter shall be an election year for the purpose of the subsequent provisions of this Schedule.

Elected members.

3. (1) In each election year the Commission shall conduct an election of persons to be elected members of the Advisory Council.

(2) Every person who is the holder of a fishing licence shall be entitled to vote at an election and shall have such number of votes as may be appropriate in accordance with a prescribed scale based on the amount of fees paid for fishing licences for the time being held by him.

(3) Every person who is the rated occupier of a fishery or fisheries in the Foyle Area the total rateable valuation of which is less than fifty pounds but not less than one pound shall also be entitled to vote at an election and shall have such number of votes as may be appropriate in accordance with a prescribed scale based on the amount of fishery rate paid in respect of the fishery or fisheries for the fishery year next preceding the election year.

(4) A person shall not be eligible for the office of elected member of the Advisory Council unless he resides or possesses real property in the Foyle Area.

(5) The elected members for the time being in office shall go out of office on the completion of the election of their successors.

Regulations as to elections.

4. For the purposes of elections the Commission may prescribe—

(a) the electoral divisions into which the Foyle Area is to be divided,

(b) the number (not being more than nine or less than three) of persons to be elected for each electoral division,

(c) such other provisions as it thinks proper.

Ex-officio members.

5. (1) Every person (other than the Commission) who is the rated occupier of a fishery or fisheries in the Foyle Area, the total rateable valuation of which is fifty pounds or more, shall, subject to the provisions of this paragraph, be an ex-officio member of the Advisory Council.

(2) A person shall not be an ex-officio member while any sum due by him to the Commission for fishery rate remains unpaid after the expiration of fourteen days from the date upon which it became payable.

Disqualification.

6. A person who is convicted of an offence under the Fisheries Acts or against this Act shall be disqualified from being a member of the Advisory Council for the period of seven years from the date of conviction.

Chairman and vice-chairman.

7. (1) The Advisory Council shall, at its first meeting after each election and as occasion requires, elect one of its members to be chairman and another of its members to be vice-chairman.

(2) Subject to subparagraph (5) the person elected to be chairman or vice-chairman shall, unless he sooner dies, resigns or becomes disqualified, hold office until the election of his successor.

(3) The chairman and vice-chairman shall be eligible for reelection.

(4) The chairman or vice-chairman may at any time resign his office.

(5) If the chairman or vice-chairman ceases to be a member of the Advisory Council he shall cease to be chairman or vice-chairman.

(6) If, at the election of chairman or vice-chairman, there is an equality of votes for two or more persons, one of those persons shall be elected by lot.

The Secretary.

8. The Advisory Council may from time to time as occasion requires appoint a person to be secretary to the council, and may at any time terminate such appointment.

Casual Vacancies.

9. (1) Whenever a casual vacancy occurs amongst the elected members, the Advisory Council may co-opt a person who is a holder of a fishing licence or a rated occupier of a fishery in the Foyle Area to fill the vacancy until the next election.

(2) The Advisory Council may act notwithstanding vacancies in its membership.

Meetings.

10. (1) At a meeting of the Advisory Council—

(a) the chairman shall, when present, be chairman of the meeting;

(b) when the chairman is absent or if the office of chairman is vacant, the vice-chairman shall, when present, be chairman of the meeting;

(c) when the chairman and vice-chairman are absent or if the offices of chairman and vice-chairman are vacant, the members of the Advisory Council who are present shall choose one of their number to be chairman of the meeting.

(2) Every question at a meeting shall be determined by a majority of the votes of the members present and voting on the question, and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote, save where the question is the election of the chairman of the Advisory Council.

(3) The quorum for a meeting of the Advisory Council shall be such number as the Council may from time to time fix or, if no quorum is for the time being so fixed, one-third of the membership at the date of the first meeting after the previous election, any fraction being disregarded.

(4) The first meeting of the Advisory Council after each election shall be convened as soon as may be by the Commission.

(5) The Commission may at any time convene a meeting of the Advisory Council.

(6) Members of the Commission shall be entitled to attend and take part in meetings of the Advisory Council but not to vote.

(7) Subject to the provisions of this Schedule, the Advisory Council shall regulate, by standing orders or otherwise, its procedure and business.

Facilities to be provided by the Commission.

11. The Commission shall provide accommodation for the holding of meetings of the Advisory Council and such stationery and office equipment as the Council may reasonably require for the conduct of its affairs, and shall make available the services of members of the staff of the Commission to do all necessary clerical work for the Council.

ISB Act 1952-03-25

Schedule 5 FOYLE FISHERIES ACT, 1952 Open official source

FIFTH SCHEDULE. Form of Appointment of River Watcher under Section 56.

Form of Appointment of River Watcher under Section 56.

Section 56.

I, A. B. (or we, A. B. and C. D., as the case may be) of

(name the place or places of residence),

do hereby appoint E. F., of

(name the place of his residence),

a river watcher to protect the fishery of

(name the fishery, river, or sea coast, as the case may be),

pursuant to the Foyle Fisheries Act, 1952; and the said E. F., of

(name the place of his residence),

is hereby authorised to do all lawful acts as such river watcher according to the provisions of the said Act.

(Signed)

To all whom it may concern.

I, the undersigned Justice of the District Court, do hereby approve of the above appointment.

FOYLE FISHERIES ACT, 1952

Statutory Text (5 Articles)

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