« EelmineJätka »
for the machinery of the Court of Chancery, that obstacles in the way of any improvement in that Government Commissioners may be empowered respect, you may feel assured that all your exer. to sell the fee, discharged of all incumbrances, tions will be ineffectual. I think it would be a where poor rate, inclusive of the present arrears, inestimable benefit to every insolvent, and to every is unpaid.
nominal owner, and to every incumbrancer who is Now, whether much land will thus be confiscated, receiving nothing, that it would, in short
, be will depend on its future liability to poor rate. If advantage to everybody, except the receivers the premier's plan of a maximum rate be made under the Court of Chancery, and the lawyers who law, a great transfer of property will, in all pro- are dividing the sums received from those estates bability, not change hands for default in poor rate; amongst themselves—if by some process which if, on the other hand, electoral divisions be taxed should not be inconsistent with the principles of to support the amount of destitution existing upon equity, and of fair dealing, you could relieve those them, the fee of Munster and Connaught will be estates from the control of the Court of Chancery
, sold for poor rate alone. But this would be too and permit them to be possessed by men of capital, glaringly unjust to proprietor and incumbrancer, as who would embark in their cultivation with new it would cast all the burden of a visitation of Pro- hopes and fresh vigour, in my opinion, you would vidence on them, and would sell them out under do more by that act for the advancement of Ireland an expost facto law, which neither contemplated at than by any other act that can at present be the period of their respective loans and purchases. adopted.” A change in that law would also be essential, to Here then, we have a statesman of Sir Robert induce purchasers to come forward, who would Peel's sagacity, pronouncing the system adopted stand aloof whilst the amount of poor rate was in the management of estates, under our Courts indefinite, except, indeed, the Commissioners were of Equity, the master evil of this country. prepared to occupy until they had cleared the land To extirpate the Court of Chancery altogether
, of their living incumbrances, and assumed a would certainly be an alteration in our constitu. management, for which no staff would be strong tion ; but not an improvement. To vest its enough, and no revenue sufficiently ample. powers, except temporarily in a commission, would
The Commissioners should be empowered to be to transfer them to a more incompetent tribapurchase up districts, without making the non- nal. The Irish Court of Chancery has been very payment of poor rate the only test of purchase. well abused ;--we have ourselves not spared it where
Incumbered estates, and estates in Chancery, wethought its practices deserving of reprobation; should be sold. As we have already shewn, all the but it cannot be dispensed with ; there must properties under our Courts of Equity-except be a controlling power somewhere, and no where those of minors and lunatics—are placed there for can it, under ordinary circumstances
, be better purposes of sale, and a great portion of them are placed than at present. It has indeed, in many ripe for transfer.
instances, failed in its mission, it has not kept Sir Robert Peel's last speech manifests how pace with the railroad age in which we live, old entirely his views bear out those which we have, practices and inveterate usages have clung to it from time to time, enunciated, as to the evils of with too much tenacity; it has not used the power the present system of Equity estate management. of adaptability, which its happy constitution has
Incuinbrancers are ill paid, owners are ruined, invested it with sufficiently—but true wisdom will occupiers discouraged, and the country suffers. be best employed, not in superseding, but in reReceivers and lawyers are said to be the only par- modelling it. ties benefitted, but the former find the office irk The proposed plan of a Commission is but tensome, and the latter would be much better satisfied porary and local, it does not combat with the evils to have that class of professional business which of a system of receiverships which will be perensprings from prosperity, than that which is the nial and universal. It is impossible to predicate result of acute national distress. In the first case, that within any given time, this country will be they are better paid and better pleased. Their come so prosperous that no estates will be placed profession is an honourable and useful one, and under Courts of Equity, and if not, there must be not dependant for support on that branch of the receivers over those estates, whether situate in system of the Court of Chancery which is vicious. Leinster, Ulster, Munster or Connaught. That They lose more by national adversity than they such receivers, may do as much good and as little gain by the litigation, the product of it.
injury as possible, the present order of things must Sir Robert Peel observes
be changed. Sir Robert Peel's plan for the settle“ All your measures of drainage, of local im- ment of the distressed districts does not provide for provement, of increase of fisheries, of emigration, this; in devising a scheme for one portion of the all will be ineffectual, unless you can cure, in some country, the interests of the other must not be way or other, those monstrous evils arising out of overlooked. that condition of landed property to which I ad Public attention is directed to the subject ; its verted the other night. If those estates, producing gaze should not be withdrawn, until the object on £800,000 a-year, with arrears annually accumu-. which it has looked with such pain, has been so lating, are not to allow more than £2,000 to be remodelled, that the public eye can rest upon it with applied to the permanent improvement of the land content, if not with complacency. A little thought if there are certain principles and forms of Equity will shew, how susceptible of improvement is the sanctioned by the Court of Chancery, which throw present system, (which nothing but habit could
have reconciled us to endure) and without in- pose, will be always improperly exercised ; at least, jury to creditor, owner, or occupier, but benefit it thinks it better to guard against the possibility to all three.
of such an occurrence, and admits of no examinaBefore we conclude, we wish to advert to a tion, as to free will or free agency, however matter of detail, which we do not remember to respectable or above suspicion this may be. There have before stated. A tenant cannot take a lease are cases, no doubt, in which she can waive her under the Court of Chancery, except at an exor- equity to a settlement by a separate examination bitant rate. We do not exaggerate, when we and consent, but the late Master of the Rolls, in state, that in every advertised letting—and lettings the case of Box v. Jackson (6 J. E. R. 182), always are advertised, when the farm is of any thought it would be a perversion of that practice extent—the expense to the tenant will be near to extend it to any subject but that which is well £10. and the estate suffers as great expense, and known as the wife's equity, “her right to her be it observed, this lease is only for seven years choses in action, and her reversionary equitable pending the cause. Seven years pending the right to personal chattels not reduced into possescause!!
sion during the coverture rest in her by law withHow can estates under the controul of our out her consent; and the same law which gives Equity Courts be improved by the occupier, where her the property, disables her from disposing of it. the tenure is so insecure and so short?
To receive and act on her consent here, would be And, on the other hand, the established prac- to defeat her right, and the policy and reason of tice accounts for the absence of all improvement her disability. But her equity is the creature of by the court'; acted on by two conflicting interests, this court, and is governed altogether by rules its agency has become utterly neutralised. The applicable to it, and to no other species of right; owner, if he has a hope of retaining his estate, or it is not founded on contract, it owes its existence does not lose his sense of benevolence with his to the arbitrary interference of this court...... I may sense of power, is desirous that the receiver should say that it is anomalous, wanting many of the have money to expend in permanent or any useful incidents of property, and that it would be subimprovement; the creditor effectively interposes. versive of the established policy of the law to « Permanent improvements are worse than useless make this peculiar and qualified right of waiving a to me, if made with the money primarily liable to benefit preferred to her by this court, an argument repay my debts." The receiver is listless, he is or precedent for enabling her to defeat those rights not paid to superintend improvements, and the with which the common law has, while she is marcourt between two antagonistic forces, and a supine ried, inalienably invested her." officer, does nothing.
The distinction which has arisen in the policy of The remedies suggested for the sad social state the law, we apprehend, also, to have been occaof Ireland, we make no doubt, will be many and sioned by the fact of the supply of land being various; we have glanced at one which high autho- limited, and the difficulties of transfer sufficiently rity pronounces to be necessary, and sober thought great. It was, therefore considered inexpedient, to be practicable.
in a national point of view, to tie up real estate, and throw an impediment in the way of its
changing hands, even though the interests of marThe recent case of Whittle v. Henning (18 L. J. ried women should in some degree suffer, and a 51, S. C., 12 Jur. 1079) has decided-overruling safeguard be removed, the national convenience prethe decisions of the Vice-Chancellor of England ponderating over individual interest. In personal pro. in Hall v. Hugonin (14 Sim. 595, S. C., 10 Jur. perty, the same public grounds were not supposed 941), Creed v. Perry (14 Sim. 592), Wilson v. to exist ; and it may have been considered just, Oldham (ib. 594)—that there is no case in which even in these palmy days of free trade, to leave a Court of Equity will assist a married woman in one relic of protection. alienating, or reducing into possession for the pur Whatever may have been the origin of the rule, pose of alienation, her reversionary chattel interest it is now settled, whether the interest came to the during the lifetime of her husband.
wife by contract, or independently of contract, It is not a little singular, that personalty should that she cannot by any contrivance, reduce her be thus invested with the attribute of inalienability, contingent reversionary chose in action into poswhilst a married woman, during coverture, can dis session. Box v. Jackson, (6 Ir. Eq. 174), decides claim or dispose of any interest or estate in land. that she cannot do so by consent in a Court of The spirit of legislation has changed. Our fore- Equity, even though the contingency does not fathers thought personal property of little consi- depend upon her surviving her husband; the dederation, and not capable of being trainmelled, cision was contrary to Sir E. Sugden's first impresfrom its want of fixity, with the same laws against sion, who thought that the consent of the wife alienation as real estate; but the modern doctrine could be taken “whenever the contingency on of a Court of Equity guards, as to personalty, which her interest depends, is not that of her surthe rights of married women, with more jealousy viving her husband; and that with that exception, than the common law as to realty. In the one the property may be dealt with in the same manner case, the policy of the law is to consider the secu as if the interest were immediate." In that case rity of the married woman as paramount to every the reversionary interest was expectant upon the consideration of subsequent family convenience, decease of the lady's mother. In Niron v. Nixon, under the apprehension of her being too accessible (8 I. E. R. 254), the fund was vested in trustees, to marital infiuence, which it is assumed, we sup- Tàs to the interest for the lady's separate use for
life, after her husband's decease, in trust for her | Vice-Chancellor, Shadwell
, Elizabeth had an un. absolutely, and after her decease, as to one moiety doubted right to assign her interest to her sister, for her children by a former marriage ; in case of the married woman; that interest having thereby their deaths, for the sole use of the lady—and as become present and vested, not reversionary
, it to the other moiety, on which the question arose would undoubtedly be capable of being assigned , in trust for her absolute use, as she should by any it was no longer a life interest within the principle deed, or any will, during and notwithstanding co- laid down in Purdew v. Jackson (1 Russ
. 71), and verture appoint, and in default of appointment, Stiffe v. Everett (1 My. & Cr. 37), both of which in trust for the children of the intended marriage ; cases were decided on the principle, that neither and if no issue, for the husband, and if no appoint- the husband alone, nor the husband and wife toge
. ment of any of the property, then the entire of the ther, could dispose of the wife's life interest, in property for the sole use of the lady. There was a consequence of the possibility of her survivorship
. covenant by the husband, that,” after-acquired In Stiffe v. Everett, Lord Cottenham says_“I do property in right of the wife, should be settled not see how, consistently with the cases of Purdere upon the same trusts. The lady afterwards acquired v. Jackson and Honner v. Morton, the husband can considerable sums by bequest, and as one of the make title to such of the dividends of the fund as next of kin of a relative, and applied to the trustees may accrue after his own death, and during the for a moiety of it, they declined to pay it over, upon life of his wife surviving him.” In the case put which a bill was filed, which Sir Edward Sugden by the Vice-Chanceller, the interest being absolute
, dismissed. It will be observed, the income was would be capable of alienation by the husband, settled to the separate use of the wife, during co- when reduced into possession ; and, as the wife verture; to her absolute use in the event of her would, in this case, be entitled only to her equity to surviving him, and the principal as she should ap- a settlement, her consent to part with that would point. His Lordship observed, “ that there was no be taken by a Court of Equity, even though the question of merger, during their joint lives, the fund should be her separate property, Major . estate is secured to her separate use; after the Lansley, (2 Russ. & My. 359); and it is on this determination of that estate, the property is not ground of absolute interest the Vice-Chancellor settled to her separate use. She takes it absolutely, rests his judgment, as he expressly guards himself and taking it absolutely, according to the settled from being thought to have put it on the ground of las of the court, she cannot alien it during the life. merger. The following contrivance was resorted time of her husband."
to in Whittle v. Henning. There a sum of money In England, the ingenious contrivance was re- to which the wife was entitled, under her father's sorted to of accelerating the possession, by convey will, was settled on her husband for life, remainder ing the intervening interests to the feme coverte, the to herself for life; remainder to such children as they reversioner, so that they might merge, or be extin- should jointly appoint; they appointed to an only guished in the reversion, and the reversion thereby son, and father and son assigned to the wife. As the reduced into possession, by creating a species of wife took only an estate for life, according to the de. union of the particular estate, with the interest in cision in Stiffe v. Everett, and Purdew v. Jackson, remainder. And this was acted upon by the Vice- it was utterly impossible for the husband to alieChancellor, Sir L. Shadwell, in the cases before nate her possibility of survivorship, which would referred to. In his judgment in Hall v. Hugonin, have been done, if the court had yielded to the means he says—“Suppose a father gives a sum of stock to a adopted to effectuate this object; for this reason, trustee for his daughter Elizabeth for life, remainder the husband will not be assisted by a Court of to his daughter Mary, a married woman, absolutely, Equity to obtain personal property of the wife, not and that immediately after his death, Elizabeth assigns attainable at law. In Whittle v. Henning, alher life interest to Mary, are not, by that mere act, though the whole interest in the money became both the life interest of her sister, and also her own vested in the wife, by the assignments, the husband absolute interest in remainder, vested in her? I do could not have reduced it into possession, as the not put the case as one of merger, but I ask, whether acts of the parties would not warrant the trusthe married daughter has not both the interests tees in acting contrary to the settlement under that is, the life interest of her sister, and also her which they were appointed. And this is the own absolute interest in remainder? If she has then foundation of the judgment of the court, that it the whole interest, is it not an interest with which would not levd its aid to do that indirectly, which she is capable of dealing, in this court, as if it had could not otherwise be directly done. Lord Cotbeen originally given to her absolutely ?” The tenham, in his judgment says, “ the first thing the argument of Mr. Rendall, in the same case, is court had to consider was, how the rights of the the true answer to the general proposition stated parties could be affected by the machinery which by the Vice-Chancellor, the hypothetical case put they had adopted. Under the settlement the wife by him by no means warranting such a deduction. was to have the dividends for her life, subject to the The argument of Mr. Rendall is" That a Court prior life-interest of her husband ; and therefore, of Equity considers married women as objects of she had an interest in reversion, which this court its especial protection, and, consequently-—to adopt would not allow her to part with during her coverthe language of Sir J. Leach, (Pickard v. Roberts, ture. How, then, could this interest of the wife 3 Madd. 384)—it will never lend itself as an in- be affected by the deeds which had been executed? strument to enable the husband to acquire a right Whatever protection the wife would be entitled to in his wife's personal property, which he can by no against the interest which her husband might take means acquire at law.” In the case put by the jure mariti, she would not be deprived of by such a
contrivance, as had been resorted to in the present duty which they may fix, and cause the same to be inserted case; otherwise it would not be practicable in in the schedule of licences for the said district : provided, many cases, for a father to make provision for his that rods used singly for taking trout, perch, pike, or other
tish, save and except salmon, shall not be subject to any daughter, so as to protect her against her husband. licence duty under this act : provided, that if any person This court had, however, adopted many rules for using a rod shall, under pretence or otherwise of fishing for the protection of the wife; and so far interfered trout, perch, pike, or other fish, take or kill salmon with with the rights of the husband, as to refuse him such rod, such person shall be subject to a penalty of the any assistance in obtaining property which be- like amount as the licence duty for the time being payable
for a salmon rod, and the same shall be recoverable before longed to his wife, unless he made what the court a justice or justices in like manner as other penalties under considers a proper provision for her.” This pas- the said recited acts or this act : provided, that all crosssage appears wholly to place the ground of the lines used with a rod or rods for taking fish of any kind decision on the jurisdiction the court assumes for whatsoever shall be subject to the licence duty payable unthe protection of the wife, and its determination to der this act for the time being upon cross lines and rods, prevent the rules it has established for the effectua- until the same shall be altered as herein provided. tion of this object, from being evaded by a contriv 22. That if any person shall use or erect any engine, net, ance, which in this case was evident, and to this length instrument, or device whatsoever, subjected to licence duty only can the case be pushed. To hold that when as aforesaid, for the taking of salmon, trout, pollen, or fish the estate bas become absolute by the junction of of the salmon or trout kind, or eels, or by any means fish
within any fixed salmon, trout, or eel fishery in any year, the intermediate and reversionary estates through without the same respectively being duly licensed for such bona fide means; would lead to as great, if not year under this act, every such engine, net, instrument, greater inconvenience, than a relaxation of the and devices, and such means of fishing, shall be forfeited wholesome rule laid down by Lord Cottenham, in and sold, or otherwise disposed of, as the justice or jusWhittle v. Henning. The rule to be deduced from tices shall deem fit, and the entire proceeds thereof shall be these considerations appeared to be, that when the added to the general funds of the district constituted under chose in action, becomes so absolutely
vested in the this act in which the same shall be erected or used ; and
any person erecting or using the same shall be liable to pay wife, as to be capable of being reduced into pos- such penalty, not less than half nor exceeding the whole of session, though the interest of the wife had been the licence duty at which under this act the engine, net, reversionary, and as such unalienable up to the mo- instrument, or device he shall have been so using or erectment of the incident rendering it absolute—as in ing would be subject to under this act, such forfeitures and the case put in the Vice Chancellor, and in many penalties to be proceeded for and recovered under the war
rant of such justice or justices, in the manner and subject others that may be easily conceived—there the to the regulations in the act of the 5 & 6 Vict. c. 106. Court of Equity will receive the wife's consent to waive her equity to a settlement. But when there
23. That in all cases of fixed and established salmon, are parties to take after the life-interest of the feme, are designated several fisheries,” or are now or may
trout, or eel fisheries which under the said first-recited act as in Whittle v. Henning, and the other like cases, hereafter he claimed or possessed or used as several fisheries, as the trustees cannot act upon the agreement whether the same be fished by means of weirs extending between the cestui que trusts, and as the husband entirely or partly across rivers or estuaries, with boxes, cannot consequently reduce the interest into pos- baskets, or cruives, or be fished by means of existing session—though in one sense absolutely vested by natural or artificial obstructions stopping the fish, or by draft
, the conveyance of the parties to the wife. Then, pole, loop, or other nets, or by rod and line, or by any other
means or device whatsoever, the persons using, occupying, under no circumstances, will the court interfere. or holding such fisheries, whether such occupation and
holding shall be by lease, demise, agreement, or tenacy at will, or in fee simple, fee tail, or for life, shall in each year
pay as an annual rate, in two equal half-yearly gales, on (Continued from p. 168.)
the 1st of February and the 1st of July in every year, such
sum, in addition to the licence duty by this act provided to 21. That for any engine, instrument, net, weir or device be paid for the engines, instruments, nets, or devices whatsoever not enumerated in the schedule to this act, and erected or used in fishing such fishery, as shall be equal to which may be proposed to be used for fishing for salmon, the difference between the sums paid by such persons for trout, pollen or fish of the salmon or trout kind, or for eels, such licence duty or duties and the annual sum of ten per the said commissioners at any time before a board of con centum upon the poor law valuation of such fishery, subject servators shall be formed, and after the formation of such to such alteration of such per-centage as may from time to board, such board of conservators for the district may fix time be made by the board of conservators of the district and determine the licence duty on payment of which the same under the provisions of this aet. may be used in such district, regard being had to the rela
24. That such rate may be recovered in a summary way tive capability of capture and productiveness of the same, before any one or more justice or justices of the peace, as as compared with those set forth in the said schedule, and wages, or by civil bill before the assistant barrister of the the relative proportion of the duties therein set forth: pro- respective county, or by action in the superior courts, at vided that the party proposing to use any such engine, in- the suit of the said commissioners, if no board of conservastrument, net, weir, or device not enumerated in such sche- tors of the district shall have been formed, or if such board dule shall previously give notice to some constabulary or shall have been formed, then at the suit of the clerk of the coast guard officer of the district, or to some inspector ap said board of conservators. pointed under this act, of his intention to use the same, who shall and is hereby required to forward to the said commis
25. That in any cases where any such fisheries as last sioners or the said conservators, as the case may be, a de- aforesaid may not be or have not been valued by the persons seription thereof, as to its relative capability of capture as appointed as valuators for the purposes of the poor laws, compared with the engines, instruments, nets, weirs, or the said commissioners, on application of the board of condevices set forth in the said schedule, and shall furnish' the servators, may and are hereby empowered to call upon the name by which it shall be designated, upon which the com- poor law commissioners of Ireland to cause the same to be missioners or the said conservators, as the case may be, may valued separately and distinctly from other property for the authorize the use of the same, upon payment of the licence purposes of this act.
26. That such rate shall be collected by such persons as of the justices or justice be proved to have them in portes
. the said commissioners for the execution of this act, at any sion as manufacturers or sellers of the same, and not for the time before the formation of a board of conservators for the purposes of using the same within the year in which such district, or after the formation of such board, then as the demand shall be made of them, shall be exempt from any said board, as the case may be, shall appoint, adequate such penalty. security being taken by the said commissioners or the said 30. That such licences as aforesaid shall be sold either conservators, from the persons authorized to receive the by licensed stamp distributors, and in such and so many same, for the duly accounting for the same, and for the places throughout each district, as the said commissioners due performance of the duties
which the said commissioners before the formation of a board of conservators for the dis or the said conservators, as the case may be, may prescribe trict, or after the formation of such board, then as such and the cost of any allowance to be made for the collection board of conservators, shall from time to time appoint, of the same shall be charged to the expenses of the district adequate security being taken by the said commissioners for which the same shall be collected.
the said board of conservators, as the case may be, from 27. That the total amount of all sums of money received the persons authorized to sell the same, for duly accounting for all licence duties and rates, and from the sale of for- for the same and for the due performance of their duty feited engines, nets, or instruments as aforesaid, and from and the cost for any allowance to be made for the sale di penalties (save so much as shall be paid to any informer as the same shall be charged to the expenses of the district for herein-after mentioned) under the provisions of this act, which the same shall be issued: provided that if any persoa shall, until the appointment of a treasurer for each respec- shall have paid a licence duty for a rod within any distret tive district, be lodged in the bank of Ireland, to the credit as aforesaid, such person shall not be liable to pay an ad. of the said commissioners, in the matter of the district for ditional sum for a licence in any other district by reason which the same shall have been received, and shall be applied only of angling with a rod in any other district. to the purposes of such respective district; and regular 31. That all persons demanding to purchase any such accounts of the receipts and disbursements on account of licences, and tendering to any person so appointed to dis
. each district shall be kept and furnished by the said com- tribute the same the amount of licence duty for the time missioners, until the appointment of such treasurer as being to be paid under this act, shall be entitled to receive aforesaid ; and upon the appointment of a treasurer of each the same without any question or objection whatsoever district respectively, the commissioners shall cause the arising either from the time when, the purpose for which monies lodged in the bank of Ireland in the matter of such or the right in virtue of which, he or they may desire to respective district to be transferred and lodged with all use such licence: provided that nothing herein contained accounts relating to such district to and with the respective with reference to the possession of any such licence, or the treasurer of such district, and thenceforth all sums of mo- payment of the licence duty or rates under this act, shall be ney received for licence duties and rates, and forfeitures construed to give or confer any right of fishing or of tsing and penalties, for each such district, shall be paid over by any instrument or device for taking fish by any means of the parties receiving the same to and received by such trea- in any place which the party having or using such licence surer of such district, and be applied to the purpose of such would not have possessed if this act had not been passed, district under the provisions of this act; and such treasurer or to alter or affect the rights of any other persons. shall pay such sums of money as shall be required for the purposes of the district from time to time upon a draft or 32. That all persons whom the commissioners or board order signed by the chairman at any general meeting of the of conservators, shall appoint to sell licences, shall furnish board of conservators and by two other conservators.
to the said commissioners or board of conservators, an ac.
count of such sales monthly, or so often as they may require, 28. That all licences under this act shall be prepared and and shall set forth in such accounts the sums received for printed in such form as the said commissioners shall prescribe licences for each particular engine, net, instrument, or or from time to time think necessary to adopt ; and a device, the names and residences of the persons who shall separate licence shall be issued for each engine, net, instru- have purchased such licences, and the district and electoral ment, or device for taking fish, and each licence issued division of such district for which such licences shall have before the formation of a board of conservators shall be been obtained. stamped with the seal of the said commissioners, and if
33. That the board of conservators of each district shall issued after the formation of such board with the seal of such board : provided that the year for which such licence take security from any clerk whom they may appoint, and shall issue, and a name, number, or letter describing the any other officer or person having the care or custody of district and the electoral division in which the licence shall money to be received by virtue of this act, for the due erebe used, and the name of the engine, net, instrument, or counting for such money, as the said board of conservators
cution of the duties of his respective office, or for duly asdevice for which the same shall be issued, shall be printed shall think proper ; and such clerks shall attend the stated thereon ; and such licence shall be only good and valid for and other meetings of the said board, and shall, in a proper the year, district, and purpose for which the same shall be book or books, enter and keep a true account of all the moissued; and that any party using or presenting the same nies to be received, and of the application of the same, and for any other year, district, or purpose, or in any manner of all the acts, proceedings, and transactions of the said altering or counterfeiting the same, shall be liable to a penalty, not less than the whole amount of the licence
duty shall perform such other duties as the said board may direct;
board, by virtue of and under the authority of this act, and for which the same shall have been issued, or which the party so misusing or counterfeiting the same would be and
every conservator shall and may at all convenient times liable to, and not exceeding double the amount of the same, such board are hereby empowered and required to cause
have access to and peruse and inspect the same, and each at the discretion of such justice or justices before whom the their said clerk to furnish to the said commissioners annually, offence may be tried.
or as often as they may require, an account of all monies 29. That any person using any such engine, net, instru- received and disbursed relating to each such district under ment, or device, or having the same erected or in fishing the authority of the board of conservators. order, or found with the same in his possession, in or near any fishing place, or going to or returning from fishing, under this act shall have, for the enforcement of the said
34. That such inspectors and water bailiffs appointed shall and is hereby required to produce to any of the said recited acts and this act, the powers of constables, and all commissioners, or any officer of the said commissioners, or any conservator of the district, or any inspector, water officers or men of the constabulary force or coast guard, or
the powers and authorities conferred on water bailiffs, or bailiff, or officers, or men of the navy, coast guard, or navy, under the said recited acts or any of them. constabulary, when demanded, the licence for the same, under like penalties as in the last preceding provision men 35. That all fines, penalties, and forfeitures under this tioned : provided that such parties as shall to the satisfaction act not herein before provided for shall be recoverable in