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BOARD OF AGRICULTURE AND FISHERIES

ACT, 1903.

[3 EDW. 7, CH. 31.]

An Act to transfer to the Board of Agriculture powers and duties relating to the Industry of Fishing and to amend the Board of Agriculture Act, 1889.

[14th August, 1903.]

BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Note. This Act is annotated so far as local authorities in England and Wales are interested in its provisions. It came into operation 1st October, 1903 (s. 3 (2)). Sect. I. (1) The Board of Agriculture shall after the Superintendence commencement of this Act be styled the Board of Agriculture of Fisheries and Fisheries, and references in any Act or document to the Board of Agriculture shall be construed as references to the Board of Agriculture and Fisheries.

(2) The powers and duties of the Board of Trade, under the enactments specified in the schedule to this Act and under any certificate given or order made in pursuance of any of those enactments, and any powers and duties of the Board of Trade or any officer of that Board under any local and personal Act, which relate solely to the industry of fishing, shall be transferred to the Board of Agriculture and Fisheries or, in the case of the powers and duties of any officer, to such officer of the Board of Agriculture and Fisheries as the Board nominate for the purpose.

transferred to

Board of

Agriculture.

c. 30.

(3) Section four of the Board of Agriculture Act, 1889, shall 52 & 53 Vict. have effect, as respects the transfer of any powers and duties of a Government Department which appear to His Majesty to relate to the industry of fishing, in the same manner as with respect to powers and duties which appear to His Majesty to relate to agriculture or forestry, and sections two and four of that Act shall be read as if the words "the industry of fishing" were added after the word "agriculture." Note.-The enactments referred to, so far as pertinent and as amended by this Act are as follows:

“Sect. 2 (2) The Board of Agriculture shall also undertake the collection and Powers and preparation of statistics relating to agriculture, [the industry of fishing], and duties of Boar 1.

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forestry, and may also undertake the inspection of, and reporting on, any schools which are not public elementary schools, and in which technical instruction, practical or scientific, is given in any matter connected with agriculture [the industry of fishing], or forestry, and the aiding of any school which admits such inspection, and in the judgment of the Board is qualified to receive such aid and the aiding of any system of lectures or instruction connected with agriculture [the industry of fishing] or forestry, and the inspection of and reporting on any examinations in agriculture [the industry of fishing] or forestry.

"Sect. 4. It shall be lawful for her Majesty the Queen in Council from time to time by order to transfer to the Board of Agriculture such powers and duties of any Government Department as are conferred by or in pursuance of any statute, and appear to Her Majesty to relate to agriculture [the industry of fishing] or forestry, and to be of an administrative character;

Provided that before any such order is made, the draft thereof shall be laid before each House of Parliament for not less than thirty days on which such House is sitting, and if either of such Houses before the expiration of such thirty days presents an address to Her Majesty against the draft or any part thereof, no further proceedings shall be taken thereon, without prejudice to the making of any new draft order.

(4) Sections nine (transfer of officers) and eleven (construction of Acts and documents) of the Board of Agriculture Act, 1889, shall apply, in relation to the powers and dutiestransferred by or in pursuance of this Act, as if they were transferred by or in pursuance of that Act and as if the date of the commencement of this Act was substituted for the date of the establishment of the Board of Agriculture.

Note.-Section II of the Act of 1889, is as follows:

"Sect. 11-(1.) In the construction and for the purpose of any Act of Parliament, judgment, decree, order, award, deed, contract, or other document passed, or made before the establishment of the Board of Agriculture, but so far only as may be necessary for the exercise of the powers or the discharge of the duties by this Act, or any Order in Council made in pursuance thereof, transferred to that Board, the name of that Board shall be substituted for the Privy Council, Land Commissioners for England, Inclosure Commissioners for England and Wales, Copyhold Commissioners, Tithe Commissioners for England and Wales, or other Commissioners or Government Department, as the case may require, and anything authorised or required to be done by, to, or before an Assistant Commissioner of any of the above-named Commissioners may be lawfully done by any officer of the Board of Agriculture for the time being assigned for that purpose.

(2.) Where anything has been commenced by or under the authority of the Privy Council, Land Commissioners, or other Government Department, before the transfer to the Board of Agriculture of any powers or duties by or in pursuance of this Act, and such thing is in relation to the powers or duties so transferred, such thing may be carried on and completed by or under the authority of the Board of Agriculture

(3.) Where at the time of the transfer of any powers or duties by or in pursuance of this Act, any legal proceeding is pending, to which the Privy Council, Land Commissioners, or other Government Department are parties, and such proceeding has reference to the powers and duties transferred by or in pursuance of this Act, the Board of Agriculture shall be substituted in such proceeding for the Privy Council, Land Commissioners, or other Government Department, and such proceeding shall not abate by reason of such substitution.” (5) The limitation contained in section thirty-one of the Salmon Fishery Act, 1861, as to the number and term of

s. 1 (5).

C.

office of the inspectors of fisheries, shall cease to apply, and 3 Edw. 7, 34, those inspectors may be appointed by the Board of Agriculture and Fisheries under section five of the Board of Agriculture Act, 1889.

Note. Under section 31 of the Act of 1861, which is kept in force by the Expiring Laws Continuance Act, 1903 (see page 64 post) the Board of Trade .could appoint two inspectors of fisheries for three years."

(6) The Board of Agriculture and Fisheries shall be substituted for the Board of Trade as respects communication and returns in section six of the Sea Fisheries (Scotland) 48 & Amendment Act, 1885.

C. 70.

C. 45.

49

Vict.

(7) Where any portion of the sea shore, proposed to be comprised in an order under Part III. of the Sea Fisheries 31 & 32 Vict. Act, 1868, is under the management of the Board of Trade, the order shall not be made without the consent of that Board, and section forty-six of that Act shall be construed accordingly.

Note.-The order to which this provision has reference is an order for the establishment or improvement, and for the maintenance and regulation, of an oyster and mussel fishery on the shore and bed of the sea or of an estuary or tidal river, and including, if desirable, provisions for the constitution of a board or body corporate for the purpose of such order (31 & 32 Vict. c. 45, s. 29). Section 46 requires the consent of the Government Department or other proper authority where the rights of the Crown or Duchies of Lancaster and Cornwall are concerned.

(8) The Merchandise Marks (Prosecutions) Act, 1894 (which relates to the undertaking by the Board of Agriculture of prosecutions under the Merchandise Marks Act, 1887, in certain cases) shall apply to the produce of any fishing industry as it applies to agricultural or horticultural produce.

(9) Subsection three of section five of the Board of Agriculture Act, 1889, shall apply to expenses incurred by the Board of Agriculture and Fisheries, in the execution of any powers and duties transferred by or in pursuance of this Act, as it applies to expenses incurred by that Board in the execution of their duties under that Act.

Sect. 2.-(1) Any Order in Council made under section four of the Board of Agriculture Act, 1889, may be varied or revoked by an Order in Council made in accordance with the provisions of that section.

Note. For the section see Note to section 1 (3) ante.

(2.) The expression "Secretary" in the Board of Agriculture Act, 1889, shall include assistant secretary.

Amendment of

52 & 53 Vict.

c. 30.1

3 Edw. 7, c. 31, S. 3. Extent, com. mencement, and short title.

28 & 29 Vict.

6. 121.

Sect. 3-(1) Nothing in this Act shall transfer or authorise the transfer of any powers or duties exerciseable in or in relation to Scotland or any part of the sea adjoining Scotland, except so far as is expressly provided by this Act as respects communications and returns, and except so far as respects the river Esk and its banks and tributaries referred to in section sixty-three of the Salmon Fishery Act, 1865.

Note The Esk with its banks and tributary streams up to their source is to be deemed within the limits of the Salmon Fishery Acts, 1861 and 1865 (28 & 29. Vict. c. 121, s. 63).

(2) This Act may be cited as the Board of Agriculture and Fisheries Act, 1903, and shall come into operation on the first day of October nineteen hundred and three.

(3) The Board of Agriculture Act, 1889, and this Act may be cited together as the Board of Agriculture and Fisheries Acts, 1889 and 1903.

SCHEDULE.

ENACTMENTS RELATING to PowerS AND DUTIES OF THE
BOARD OF TRADE TRANSFERRED TO THE BOARD OF

AGRICULTURE.

I. SALMON AND FRESHWATER FISHERIES ACTS.

24 & 25 Vict. c. 109.

26 & 27 Vict. c. 10.
28 & 29 Vict. c. 121.
33 &
34
Vict. c. 33.
36 & 37 Vict. c. 71.
39 & 40
Vict. C. 19.
39 & 40 Vict. c. 34.
40 & 41
Vict. c. 65.
41 & 42 Vict. c. 39.
42 & 43 Vict. c. 26.

47 & 48 Vict. C. II.
49 & 50 Vict. c. 2.
49 & 50 Vict. c. 39.

54 & 55 Vict. c. 37.
55 & 56 Vict. c. 50.

The Salmon Fishery Act, 1861.

The Salmon Acts Amendment Act, 1863.
The Salmon Fishery Act, 1865.

The Salmon Acts Amendment Act, 1870.
The Salmon Fishery Act, 1873.
The Salmon Fishery Act, 1876.
The Elver Fishing Act, 1876.
The Fisheries (Dynamite) Act, 1877.
The Freshwater Fisheries Act, 1878.
The Salmon Fishery Law Amendment Act,
1879.

The Freshwater Fisheries Act, 1884.
The Freshwater Fisheries Act, 1886.

The Salmon and Freshwater Fisheries Act,
1886.

The Fisheries Act, 1891, Parts III. and IV. The Salmon and Freshwater Fisheries Act, 1892.

Note. The general supervision of the salmon fisheries throughout England is

vested in the Board of Agriculture and Fisheries (24 & 25 Vict. c. 109, s. 31; 49 & 50 Vict. c. 39).

Conservators or overseers for the preservation of salmon and enforcing for that purpose the provisions of the Act may be appointed by a county council under section 33 of the Salmon Fishery Act, 1861.

Fishery districts, comprising all or any of the salmon rivers within a county or counties, may be formed by the Board of Agriculture and Fisheries (28 & 29 Vict. c. 121, ss. 4-7), under a Board of Conservators appointed by the County Council (ss. 6, 15), or in the case of a district not lying wholly within the limits of one county by the several county councils (ss. 7—13, 15). The number of Conservators may be altered by the Board of Agriculture and Fisheries (36 & 37 Vict. c. 71, s. 9).

2. NORFOLK AND SUFFOLK FISHERIES.

40 & 41 Vict. c. xcviii. 59 & 60 Vict. c. 18.

3. SEA

51 & 52 Vict. c. 54. 54 & 55 Vict. c. 37. 57 & 58 Vict. c. 26.

The Norfolk and Suffolk Fisheries Act, 1877-
The Fisheries (Norfolk and Suffolk) Act, 1896.

FISHERIES REGULATION ACTS.

The Sea Fisheries Regulation Act, 1888.
The Fisheries Act, 1891, Part II.

The Sea Fisheries (Shell Fish) Regulation
Act, 1894.

Note.-On the application of a county council or borough council, the Board of Agriculture and Fisheries may by order create a sea fisheries district and provide for the constitution of a local fisheries committee for the regulation of the sea fisheries carried on within the district. The local fisheries committee is to be a committee of the county council or borough council with the addition of members representing the fishing interests of the district [Sea Fisheries Regulation Act, 1888 (51 & 52 Vict. c. 54,) ss. I, 11]. A local fisheries committee may, subject to any regulations made by the Board of Agriculture and Fisheries, make byelaws (s. 2) which are confirmed by that Board (s. 4). In other ways the local fisheries committees under the Sea Fisheries Regulation Acts are also subject to the jurisdiction of the Board of Agriculture and Fisheries.

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Note.-An application to the Board of Agriculture and Fisheries for an order temporarily prohibiting or restricting dredging for oysters on certain banks may be made by any county, borough, or district council if they appear to the Board to be locally interested in the fisheries (40 & 41 Vict. c. 42, ss. 6, 7).

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