Schedule. Ten pounds occupation qualification. SCHEDULE. Registration Act, 1885. DEFINITION OF TEN POUNDS OCCUPATION QUALIFICATION. A person entitled to be registered as a voter in respect of a ten pounds occupation qualification in a borough, municipal or parliamentary(a.) Must during the whole twelve months immediately preceding the fifteenth day of July have been an occupier as owner or tenant of some land or tenement in a parish [or township] of the clear yearly value of not less than ten pounds; and (b.) Must have resided in or within seven miles of the borough during six months immediately preceding the fifteenth day of July; and (c.) Such person, or some one else, must during the said twelve months have been rated to all poor rates made in respect of such land or tenement; and (d.) All sums due in respect of the said land or tenement on account of any poor rate made and allowed during the twelve months immediately preceding the fifth day of January next before the registration, or on account of any assessed taxes due before the said fifth day of January, must have been paid on or before the twentieth day of July. If two or more persons jointly are such occupiers as above mentioned, and the value of the land or tenement is such as to give ten pounds or more for each occupier, each of such occupiers is entitled to be registered as a voter. If a person has occupied in the borough different lands or tenements of the requisite value in immediate succession during the said twelve months, he is entitled in respect of the occupation thereof to be registered as a voter in the parish [or township] in which the last occupied land or tenement is situate. PART III. Statutes subsequent to the Local Government Act, 1888, affecting County Councils. SEA FISHERIES REGULATION ACT, 1888. (51 & 52 VICT. CAP. 54) (a). An Act for the Regulation of the Sea Fisheries of England and Wales. [24th December, 1888.] ment of sea fisheries 1.-(1.) The Board of Trade may from time to time on the Establishapplication of a county council or borough council, by order, (a) create a sea fisheries district comprising any part of the sea districts and within which Her Majesty's subjects have by international local fisheries law the exclusive right of fishing, either with or without any part of the adjoining coast of England and Wales; and (b) define the limits of the district, and the area chargeable with any expenses under this Act; and (c) provide for the constitution of a local fisheries committee for the regulation of the sea fisheries carried on within the district; and may from time to time on like application by subsequent order vary any order made under this section, or unite two or more districts or parts of districts into a separate district, or dissolve any district that may have been formed. (2.) The local fisheries committee for a sea fisheries district shall be a committee of a county council or borough council, or, if two or more councils appear to be interested, a joint committee of those councils, with the addition in each case of such members representing the fishing interests of the district, including members representing any board of salmon conservators having jurisdiction within the district, as may be directed by the order creating the district, such number of fishery members not being in the aggregate less than the number of members of the county or borough councils provided by the order creating the district. The fishery members shall hold office for the same time as the members appointed by the county or borough council or councils, and any vacancy amongst the fishery members which may arise in the interval shall be filled up (a) Under this Act a county council may be empowered to appoint or join in appointing a local fisheries committee for the regulation of sea fisheries within a fisheries district created by Order of the Board of Trade. This Act is amended by Part II. of 54 & 55 Vict. c. 37, and by 57 & 58 Viet. c. 26, which enactments, together with this Act, are comprised in the title "The Sea Fisheries Regulation Acts, 1888 to 1894." The amending Acts are set out post. committees. Sect. 1(2). by a representative of the fishing interest in respect of which it occurs. The members representing a board of salmon conservators shall be appointed by that board. (3.) The law relating to committees and joint committees of county councils (b) shall, subject to the provisions of the order constituting a local fisheries committee, apply to the local fisheries committee in like manner as if the powers and duties of that committee were powers and duties transferred by the Local Govern51 & 52 Vict. ment Act, 1888, to the council or councils represented on the committee and delegated to the committee by the said council or councils, and as if any borough council represented on the committee were a county council. c. 41. (4.) Every order made by the Board of Trade under this section shall be laid for thirty days before both Houses of Parliament while in session, and if either House within that period resolves that the whole or any part of the order ought not to be in force the same shall not have any force, without prejudice nevertheless to the making of any other order in its place. Subject to any such resolution every order so made shall come into force at the expiration of the thirty days aforesaid. (5.) In case a county council or borough council to whom application has been made by not less than twenty inhabitant ratepayers interested in sea fisheries, refuse or neglect to apply to the Board of Trade to create a sea fisheries district for the space of six months from the date of the application, the persons making such application shall, within twelve months from the date thereof, be entitled to apply to the Board of Trade for an order establishing such sea fisheries district, and the Board of Trade shall, unless the council can show to their satisfaction that such order should not be made, proceed as if an application had been made by the council. (6.) Before making any order creating a sea fisheries district the Board of Trade shall cause the draft of such order to be locally published in such manner as they direct, and shall, if any objections are made to such orders, or any of the provisions thereof, cause such local inquiry to be held as may in their opinion be required. Due notice of such inquiry shall be given by advertisement or otherwise, and the report of the person holding such inquiry shall, if the order is made, be laid with the order before both Houses of Parliament. Byelaws for 2.-(1.) A local fisheries committee for a sea fisheries district regulation of sea fisheries, may from time to time, subject to such regulations as may be made in that behalf by the Board of Trade, make bye-laws (c) to be (b) As to committees and joint committee of county councils, see ss. 28 (2), 81, and 82 of the Local Government Act, 1888, and s. 22 of the Municipal Corporations Act, 1882, ante, pp. 64, 155-158, and 260. The form of financial statement to be submitted by fisheries committees is prescribed by an order of the Local Government Board, January 26th, 1893; S. R. O., 1893, p. 67. (c) As to the necessity for confirmation of these bye-laws, see s. 4, infra. The purposes for which the bye-laws may be made are extended by 54 & 55 Vict. c. 37, s. 7, and 57 & 58 Vict. c. 26, post. observed within their district, for all or any of the following purposes, Sect. 2 (1). namely,— (a.) For restricting or prohibiting, either absolutely or subject to such regulations as may be provided by the bye-laws, any (b.) For constituting within their district any district of oyster cultivation for the purposes of section four of the Fisheries 40 & 41 Vict. (c.) For directing that the proviso to section eight of the Fisheries c. 42. of the Fisheries (Oyster, Crab, and Lobster) Act, 1877, or (d) Section 4 of 40 & 41 Vict. c. 42, makes it an offence to sell, expose, consign, or buy for sale, oysters during certain seasons of the year; but a person is not to be guilty of an offence under that section if he satisfies the Court that the oysters alleged to have been sold, etc., in contravention of the section: "(1) Were taken within the waters of some foreign state; or (2) were preserved in tins or otherwise cured; or (3) were intended for the purpose of oyster cultivation within the same district in which the oysters were taken, or were taken from any place for cultivation with the sanction of the Board of Trade; and for this purpose the Thames estuary, bounded by a line drawn from Oxford Ness to the North Foreland, shall be deemed to be a district, and also any other area for the time being constituted a district for the purposes of this section by an Order of the Board of Trade; and also where the place at which the oysters are taken is not within any such district as aforesaid, so much of the area within ten miles of the said place where the oysters are taken as is not included in any other such district as aforesaid, and the Board of Trade may from time to time make, and when made, revoke or vary an order for the purposes of this section." A local fisheries committee may, under the provision in the text, constitute within their district a district of oyster cultivation for the purposes of paragraph (3), above set out. A local fisheries committee may enforce within their district the provisions of the 40 & 41 Vict. c. 42, and of any other Act relating to sea fisheries; see 54 & 55 Vict. c. 37, s. 9. post. (e) Section 8 of the Act referred to, makes it an offence to take, have in possession, sell, or expose, consign, or buy for sale, edible crabs under certain dimensions and in certain conditions; the nature of the exceptions contained in the proviso is sufficiently stated in the text. The local fisheries committee inay by their bye-laws abolish the exception in their district. A similar power was given to the Board of Trade as to any area named in their Order under 47 & 48 Vict. c. 26; but this Act is repealed by s. 16, infra. (f) Section 10 of 40 & 41 Vict. c. 42, empowers the Board of Trade by order to restrict or prohibit, either entirely or subject to any exceptions and regulations, the fishing for and taking of edible crabs and lobsters, or either of them, or any description of them or either of them, within the area named in the Order during such period of years, or during such period either in every year, or in such number of years as may be limited by the Order, and may by the order provide for enforcing the order, and any prohibition, restriction, or c. 26. Sect. 2 (1). Penalties for breach of bye-laws. Confirmation of bye-laws. Copies and evidence of bye-laws. Appointment (e.) For prohibiting or regulating the deposit or discharge of any solid or liquid substance detrimental to sea fish or sea fishing; and (f.) For repealing or amending any bye-law made in pursuance of this Act. (2.) A bye-law made in pursuance of this Act may provide for its application either to the whole or any specified part or parts of the district for which it is made, and either during the whole or any specified part or parts of the year. 3. A local fisheries committee may, by their bye-laws, impose as penalties for the breach of any bye-law fines not exceeding for any one offence the sum of 201., and in the case of a continuing offence the additional sum of 10l. for every day during which the offence continues, and in any case forfeiture of any fishing instrument used or sea fish taken in contravention of, or found in the possession of a person contravening, any bye-law; and any such penalties may be recovered and enforced on summary conviction (g). 4. (1.) A bye-law made in pursuance of this Act shall not be of any validity until it has been confirmed by the Board of Trade. (2.) The Board of Trade may, if they think fit, before confirming a bye-law made in pursuance of this Act, cause such local inquiry as they think fit to be held with respect to the byelaw, and may, in any case, confirm any such byelaw, either without modifications, or with such modifications as may be assented to by the local fisheries committee. 5.-(1.) The local fisheries committee shall cause copies of all bye-laws made by them under this Act, and for the time being in force, to be kept posted up in some conspicuous place or places within their district, and shall supply copies of all such byelaws to any applicant, on payment of a sum not exceeding one penny for each copy. (2.) The production of a copy of any bye-law made in pursuance of this Act, purporting to be signed by a secretary or assistant secretary of the Board of Trade, shall be conclusive evidence of the bye-law and of the due making and confirmation thereof. 6.—(1.) Subject to any restrictions or conditions as to expenditure made by the council or councils by whom a local fisheries committee regulation contained therein by fines not exceeding twenty pounds for each offence. Such an order may from time to time be varied or revoked by a subsequent order, and nothing in such order shall apply to a several right of fishery. Such an order may be repealed or amended by bye-laws under the provisions in the text, and such bye-laws may also repeal or amend an order under the repealed Act, 47 & 48 Vict. c. 26, as to which, see note (e), ante. (g) As to offences committed on the coast or at sea beyond the ordinary jurisdiction of a court of summary jurisdiction, see 54 & 55 Vict. c. 37, s. 8, post. |