IRISH WHITE HERRING FISHERY.

59 Geo. III. c. 109.

An Act for the further Encouragement and Improvement of the Irish Fisheries.

This was an act granting bounties on the tonnage of vessels fitted out in Ireland, and on herrings cured by the crews of such vessels; and for making rules and regulations for conducting the fishery, which act was to continue in force for five years, and to the end of the next session of parliament.

In 1820, the 1 Geo. IV. c. 82. was passed," An Act to amend an Act of the 59 Geo. III. for the Encouragement and Improvement of the Irish Fisheries;" by which other bounties were granted in lieu of former bounties on herrings, &c. taken by vessels employed in the open sea white herring fishery, which act was to be in force for four years, and until the end of the next session of parliament.

In 1824, the 5 Geo. IV. c. 64. entitled “An Act to amend the several Acts for the Encouragement and Improvement of the British and Irish Fisheries" was passed, giving graduated bounties, payable till the 5 July, 1825, on herrings and other fish taken and cured according to the directions of the 59 Geo. III. c. 109, and 1 Geo. IV. c. 82. and all the enactments of those acts were revived," as if all such regulations were repeated and reenacted in this act." § 4.

By the 7 Geo. IV. c. 34. “ An Act to amend an Act of the fifib year of his present Majesty, for amending several Acts for the Enconragement and Improvement of the British and Irish Fisheries,” various bounties were continued till the 5 April, 1830; and by § 4 all the clauses, provisions, regulations, matters, and things contained in, and all powers and authorities given by an act made in the 59 Geo. III. c. 109.-and in and by an act made in the 1 Geo. IV. c. 82.—and in and by another act made in the said 1 Geo. IV. c. 103.-—are hereby revived and continued, and shall be and remain in full force and effect, from the end of the last session of parliament until and upon the said 5th day of April, 1830.

So that ALL THOSE RESPECTIVE ACTS, AND ALL MATTERS RELATING TO BOUNTY, HAVE NOW EXPIRED, as have likewise the bounties granted by the 7 Geo. IV. c. 47. "An Act to allow until the 5 April, 1830, certain Bounties on the Exportation from Ireland of Salmon, Red Herrings, and Dried Sprats."

But the following clause of the 7 Geo. IV. c. 34. nevertheless remains in force :

Trammel nets shall not be used on the coast of Ireland without the licence of the commissioners of the Irish fisheries, and under such regulations as they shall direct.-And whereas by the said act, passed in the 59 Geo. III. c. 109. it is, among other things, enacted, that no drag net or other sea net which hath a mesh of less than three inches and a

half from knot to knot, shall be made use of in catching any kind of fish (except herrings, pilchards, sprats, shrimps, and prawns, and small shell-fish for bait,) upon any parts of the coast of Ireland, or within any of the bays, harbours, rivers, or creeks thereof, upon penalty of the forfeiture of such nets, and of a sum not less than forty shillings, nor exceeding ten pounds: And whereas certain nets called trammel nets, with meshes of less than three inches and a half from knot to knot, have been used upon certain parts of the coast of Ireland, and in some of the bays, harbours, rivers, and creeks thereof, and it is expedient that the use of such trammel nets should be restrained and regulated; be it therefore enacted, that from and after the passing of this act no trammel nets shall be made use of on any part of the coasts of Ireland, or within any of the bays, harbours, rivers, or creeks thereof, without the licence and consent of the commissioners of the Irish fisheries; and that the licence and consent of such commissioners may be granted for the using of such nets at such places, or within such districts or limits, in such manner, and on such conditions, and under such general or local or particular regulations, as well with respect to the size and shape of the said nets, as to the places in which the same be used, as the said commissioners shall think fit to order and direct; and that a copy of such regulations, applying either generally to all coasts and places, or locally to any particular coast, bay, harbour, river, or creek, and signed by the secretary to such commissioners, shall be transmitted to the pro per inspector or officer of the fishery on the coast, or at the bays, harbours, rivers, or creeks, to which such regulations shall generally or specially relate; and that such inspector or other officer of the fisheries shall publish such orders and regulations, by posting and distributing copies of the same in such manner as such commissioners shall direct; and that if any person or persons shall make use of any trammel net without the licence and consent of the said commissioners of the fishery, or in any manner act contrary to the conditions, rules, and regulations to be made by the said commissioners with respect to the same, and signified as aforesaid, every person so offending, and being thereof convicted, shall for every such offence forfeit and lose such net or nets, and shall also forfeit a sum not less than forty shillings, nor exceeding ten pounds, to be recovered and applied in like manner as is directed by the said recited act with respect to forfeitures for the using of any net or nets contrary to the directions of the said recited act. § 5.

10 Geo. IV. c. 33.

An Act to amend the several Acts for the Encouragement of the Irish Fisheries.

Promissory notes not exceeding ten pounds given for purposes herein mentioned made recoverable at petty sessions. Whereas the commissioners of the Irish fisheries are in the habit of advancing to fishermen small sums in the way of loan, out of the annual sum of five thousand pounds disposable for that purpose under the 59 Geo. III. c. 109. as amended by the 5 Geo. IV. c. 64.; and such sums are advanced, not by paying the sums into the hands of the fishermen, but by expending the same in building and repairing boats for them, and also in supplying them with various implements and materials necessary for following the occupation of fishing; and the commissioners have hitherto required promissory notes or other securities to be entered into, for the punctual

repayment of the sums so advanced, with legal interest thereon, so as thereby to preserve a reproductive fund for encouraging regular and industrious habits among the poorer classes of fishermen inhabiting the coasts of Ireland; and the said fund having been the means of affording great public relief, and producing great public advantage, it is expedient to afford every facility for the prompt recovery of the monies advanced for such purposes;" it is therefore enacted, that any promissory note or other security for any sum not exceeding ten pounds given for the purposes herein-before mentioned (which are now by law recoverable by civil bill before assistant barristers) may be sued for and recovered, before any two justices assembled in any petty sessions to be held in or near the place where the person or persons sued shall have been last known to reside. § 1.

Personal service in certain cases not required.—Whenever it shall be proved that service of process could not be effected in the usual and accustomed manner upon any fisherman, or his surety, but that a true copy had been affixed, fourteen days at the least before the day appointed for the party to appear, upon the door of the house, or usual or last known place of residence of the person so to be sued, and upon the door of the parish-church, and upon the door of the Roman Catholic chapel, it shall be lawful for such assistant barrister or justices to hear and determine any such suit as aforesaid, although the defendant shall not appear. § 2.

Costs. Any costs of proceedings shall not exceed the rate of charge established for suitors by civil bill before assistant barristers under the 36 Geo. III. of the parliament of Ireland, "for the better and more convenient administration of justice, and for the recovery of small debts in a summary way at the sessions of the peace." § 3.

Commissioners may make advances, &c.-It shall be lawful for the commissioners of the Irish fisheries, so far as the extent of the funds vested in them will admit, to enter into any contracts for the erection of any piers, or for the advance or repayment of any loans under the said recited acts, although the time necessary for the completion of such works, or for the repayment of such loans, may extend to a period beyond the 5th April, 1830.

Boats used in fishing on the coast of Ireland are not required to be licensed. See 2 and 3 Wm. IV. c. 84. § 17. page 429.

An Act to revive, continue, and amend several Acts relating to the

Fisheries.

This act, after reciting the 48 Geo. III. c. 110. continued the regulation of branding barrels; and after reciting the 59 Geo. III. c. 109. An Act for the further Encouragement of the Irish Fisheries,” directs (§ 6.) that the power and authorities of that act shall be revised for the purposes of this act; but as those powers only relate to the completing piers in Ireland, commenced before the 5th of April, 1830, or in relation to the repayment of any loan to poor fishermen, (not to advancing any loan to them,) and in no other way relates to the fisheries, the clauses are omitted as being unnecessary in a work of this kind. + See page 788.

See the next act.

SOUTHERN WHALE FISHERY.

The SOUTHERN WHALE FISHERY was first established by the 16 Geo. III. c. 47., but the provisions in that act, as well as those in the 26 Geo. III. c. 50.—28 Geo. III. c. 20.—and 29 Geo. III. c. 53., were repealed by the 35 Geo. III. c. 92.; which latter act, and also the 53 Geo. III. c. 111. were repealed by 6 Geo. IV. c. 105.

The last act by which premiums were granted for vessels employed in the fishery was the 59 Geo. III. c. 113. (1819) which gave bounties for a certain number of ships arriving within limited periods. These ceased on the 31 December, 1823.

The limits within which vessels, fitting and clearing for the Southern Whale Fishery, were allowed to sail and pass, were formerly regulated by the 35 Geo. III. c. 92.-38 Geo. III. c. 57.—42 Geo. III. c. 18.— 43 Geo. III. c. 90.-51 Geo. III. c. 34.,-and 53 Geo. III. c. 155.; but they have all been repealed by the 4 Geo. IV. c. 80.-" An Act to consolidate and amend the several Laws now in force with respect to Trade from and to places within the limits of the Charter of the East India Company, and to make further provisions with respect to such Trade; and to amend an Act of the present Session of Parliament for the Registering of Vessels, so far as it relates to Vessels registered in India.” And now ships and vessels clearing out for such fisheries are subject to the same restrictions as other vessels trading to places within the limits of the East India Company's charter.

See EAST INDIA TRADE, page 755.

By the 59 Geo. III. c. 113. § 6. (still in force,)—

Whale-boats not liable to seizure on account of their built, &c.-No boat used as a whale-boat, shall be liable to seizure on account of her built, provided, on the return of such vessel, such boat shall be laid up, and shall not be employed but in the said fisheries.

7 Geo. IV. c. 48.

An Act to alter and amend the several Laws relating to the Customs.

Foreigners navigating ships in southern whale fishery.-And whereas by an act passed in the 35 Geo. III. intituled "An Act for the further Encouraging and Regulating the Southern Whale Fisheries," certain foreigners were permitted to be employed as masters or seamen in navigating ships employed in such fisheries: and whereas the said act will from and after the 5th day of July next be repealed; and it is expedient to continue such privilege to persons who have been actually so employed; be it therefore enacted, that it shall be lawful for any person who shall have been actually so employed under the authority of the said act, to go before the collector and comptroller of the customs at the port from whence the ship in which he last so served shall have cleared out for the voyage on which he was employed in the same, and make proof of such service to the satisfaction of such collector and comptroller, and thereupon such collector and comptroller shall enrol the name of such person, and shall give to him a certificate of such proof, and such person producing such

certificate shall at all times thereafter be deemed to hold the qualification of a British seaman for the purpose of navigating any ship employed in the southern whale fisheries; any thing in the law of navigation to the contrary notwithstanding. § 23.

For the regulations respecting the Certificates, &c. that Blubber, Train Oil, &c. is of British colonial fishing, see 6 Geo. IV. c. 107. §§ 43, 44, page 454.

For the duties on Blubber, Train Oil, &c. see SCHEDULE OF DUTIES CHAP. VI.