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'same, or any Violation of the Statutes or Ordinances which had ' been or should be made for the Admission of any Member of 'the said College or Seminary, or for the Government or 'Discipline of the same; and that the first Visitation of the said 'College should be held as aforesaid within Twelve Months after the passing of the said Act: And whereas it is expedient 'that, instead of triennial Visitations by the said last-recited 'Aet appointed, Visitations should be held not less than once in each Year therein;' be it therefore enacted, That the Visitors by this Act appointed, or any Three or more of them, shall once in every Year from the passing of this Act visit the said College or Seminary, and inquire in manner aforesaid into the Management, Government, and Discipline of the same, and shall have the several Powers and Authorities vested in the Visitors under the said Act secondly herein-before recited; and that the first Visitation of the said College shall be held within Twelve Months after the passing of this Act.
affect the Ex
XVI. And be it enacted, That, in addition to such periodical Additional or ordinary Visitation, the Visitors by this Act appointed, or any Visitations, Three of them, shall in like Manner visit the said College when- when ordered by the Lord soever and so often as they shall be thereunto required by the Lieutenant. Lord Lieutenant or other chief Governor or Governors of Ireland for the Time being, by Warrant or Order signed by him or them. XVII. Provided always, and be it enacted, That the Authority Authority of of the said Visitors shall not extend to or in any Manner affect Visitors not to the Exercise of the Roman Catholic Religion or the religious rise of the Doctrine or Discipline thereof within the said College or Seminary, Roman Cathootherwise than as herein-after is provided; and that in visiting lic Religion. the said College or Seminary the said Visitors shall judge and determine according to such Bye Laws, Rules, and Regulations as have been or shall be made for the Government and Discipline thereof, pursuant to the Provisions of the said recited Acts or of this Act respectively.
XVIII. And whereas by the said Act herein-before secondly Visitorial recited it is amongst other things enacted, that in all Matters Powers in Matwhich relate to the Exercise, Doctrine, and Discipline of the ters of Religion. Roman Catholic Religion the Visitorial Power over the said College shall be exercised exclusively by such of the said Visitors as are or shall be of the Roman Catholic Religion, in the Presence of the Lord Chancellor or Lord Keeper of the 'Great Seal, and of the Three Chief Judges, and the Chancellor of the Exchequer, if they or any of them shall think proper to ' attend ;' be it therefore enacted, That in all Matters which relate to the Exercise, Doctrine, and Discipline of the Roman Catholic Religion the Visitorial Power over the said College shall be exercised exclusively by such of the said Visitors of the Roman Catholic Religion as have been or shall be elected under the Provisions of the said Act secondly above recited, in the Presence of the said Persons whom Her Majesty shall, by Warrant under the Sign Manual, from Time to Time nominate and appoint as aforesaid to be Visitors of the said College, if they or any of them shall think proper to attend.
XIX. And be it enacted, That the Secretary or some other
Minutes of the
of the said Visitors at their several Visitations, and shall keep a Book in which he shall enter a fair Copy of such Minutes, and the Names of the Visitors present at each Visitation; and the said Visitors shall after every Visitation held at the said College report to Her Majesty the several Proceedings held thereat, signed by some Two or more of them; and a Copy of such Report shall be communicated to both Houses of Parliament within Six Weeks after the same shall be made, if Parliament be then sitting, or it not then within Six Weeks next after the next Meeting of Parlia
XX. And be it enacted, That this Act may be amended or repealed by any Act to be passed during this present Session of Parliament.
SCHEDULE to which this Act refers.
Prohibiting fishing for
Trout, &c. by
means of Nets
Penalty for trespassing to fish with Net.
20 Senior Students on the Dunboyne Establish
250 Free Students in the Three Senior Classes, each
CA P. XXVI.
An Act to prevent fishing for Trout or other Fresh-water
[30th June 1845.
WHEREAS it is expedient that Provision should be made
for preventing the Destruction of Trout and other Freshwater Fish by Nets in the Rivers, Waters, and Lochs of "Scotland:' Be it therefore enacted by the Queen'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, That it shall not be lawful for any Person whatsoever, not being the Proprietor of the Land through or by which any River or Water flows, or on which any Loch is wholly or partially situated, or not having a Right there to fish for Trout or Fresh-water Fish, or not having a written permission from some such Proprietor or Person entitled to fish as aforesaid, at any Time after the passing of this Act, to fish for Trout or other Fresh-water Fish in any such River. Water, or Loch in Scotland, with any Net of any Kind or Description; and if any Person, not being a Proprietor or having Right or Permission as aforesaid, shall wilfully take, fish for, or attempt to take, or aid and assist in taking or fishing for or attempting to take or fish for, in or from any such River, Water, or Loch, any Trout or other Fresh-water Fish, by or with any Net of any Kind or Description, such Person shall forfeit and pay any Sum not exceeding Five Pounds for every such Offence, besides forfeiting the Trout or Fish taken, and also every Boat or Net in or by which the same may have been taken or attempted to be taken, and shall also pay the full Expences of the Conviction.
II. And be it enacted, That if any Person shall trespass upon any Ground, enclosed or unenclosed, or in or upon any River, Water.
Water, or Loch, with Intent to take with any Net any Trout or other Fresh-water Fish, such Person shall forfeit and pay a Sum not exceeding Five Pounds for every such Offence.
III. And be it enacted, That if any such Trespasser shall have Possession of in his Possession any Net of any Description whereby Trout or Nets Evidence other Fresh-water Fish may be taken or killed, the Possession of Intent. thereof shall be held to be sufficient Evidence of the Intent of such Trespasser to commit such Offence.
IV. And be it enacted, That it shall be lawful for any Person Persons treswithout any Warrant or other Authority than this Act, brevi passing may be many, to seize and detain any Person who shall be found committing any Offence against this Act, and to carry such Person before the Sheriff or any Justice of the Peace in the County within which the Offence shall take place, or to deliver such Person to a Constable, who is hereby required to carry such Person before such Sheriff or Justice, and the Sheriff or Justice of the Peace before whom such Offender shall be brought shall forthwith examine and discharge or commit such Offender until Caution de judicio sisti be found, as the Case may require; and it shall in like Manner be lawful to seize and detain any Boat or Net of any Description used or intended to be used in the Commission of any such Offence, and also any Fish taken by any such Offender, and to give Information thereof to the Sheriff.
V. And be it enacted, That all Justices of the Peace shall and Justices and may act in the Execution of this Act notwithstanding that such Proprietors not Justices shall be the Proprietors of Land through or by which to be disqualiany River or Water may flow, or upon which any Loch may be wholly or partially situated, or shall otherwise have a Right of Trout or Fresh-water Fishing in any such River, Water, or Loch, except in Cases in which any such Justice is a Party to the Prosecution of the Case, or is directly interested in the Result thereof; and no such Proprietor or Party having Right as aforesaid shall be incompetent as a Witness to prove any Offence committed against this Act by reason of his being such Proprietor or having such Right.
VI. And for the Recovery of the Penalties and Forfeitures For the Reimposed by this Act, be it enacted, That any such Penalties or covery of Forfeitures may be recovered by summary Proceeding upon Com- Penalties. plaint in Writing made by any Party prosecuting for the same to the Sheriff of the County in which such Offence shall be committed, or to the Sheriff of any County in which the Offender may be found, and on such Complaint such Sheriff shall issue a Warrant for bringing the Party complained against immediately before him, or shall issue an Order requiring such Party to appear at a Time and Place to be named in such Order; and every such Order shall be served on the Party complained against either in Person or by leaving with some Inmate at his usual Place of Abode a Copy of such Order and of the Complaint whereon the same has proceeded; and either upon the Appearance or on the Default to appear of the Party complained against it shall be lawful for the Sheriff to proceed to the hearing of the Complaint, and upon Proof of the Offence, either by the Confession of the Party complained against, or upon the Oath of One credible Witness or more, and without any written Pleadings or Record of Evidence,
of the said Visitors at their several Visitations, and shall keep Book in which he shall enter a fair Copy of such Minutes, an the Names of the Visitors present at each Visitation; and th said Visitors shall after every Visitation held at the said Colleg report to Her Majesty the several Proceedings held thereat, signe by some Two or more of them; and a Copy of such Report she be communicated to both Houses of Parliament within Six Weel after the same shall be made, if Parliament be then sitting, or not then within Six Weeks next after the next Meeting of Parli
XX. And be it enacted, That this Act may be amended repealed by any Act to be passed during this present Session Parliament.
my Person who
at this Act. „an ́..
before the Sherif ☛ wy Jusien of within which the Offence shail 'ské ! Person to a Constable, who s hereby Person before such Sheriff or
:: carry such Demi or justies
be brought hi
of the Peace before whom mch forthwith examine and disease Caution de judicio sistieb
commit such Offender um: the Case may require; at : shall in like Manner be as a seize and detain any Bont or of any Description set or intended to be used in the mission of any such Cence, and also any Fit taken by 27 Bur Offender, and to give Information thereof to the Sherif
V. And be it enacted. That all Justices of the Pe may at in the Execution of this Act notwithstanding kat Justices shall be the Proprietors of Land through se any River or Water may flow, or upon which gra wholly or partially situated, or shall otherwise i Troat or Fresh-water Fishing in any such King ri except in Cases in which any such Justice is a re section of the Case, or is directly interested in to Jame and nach Proprietor or Party having Kagg a tor be incompetent as a Witness to prove 2.:
inst this Act by reason of his being eva tomar chRight.
VI. And for the Recovery of the used by this Act, be it enacted Forfeitures may be recovered by suMEST paint in Writing made by any Pat the Sheriff of the County in is ani mitted, or to the Sheriff of any Cente found, and on such Complanter, for bringing the Party can. or shall issue
retary at ar to direct rtain Monies › be paid to he Account of the Commissioners for the Reduction of
the National Debt, and carried to the rate Account of the oners Military Savank of ings Banks. Savings hent being -on applying Officer of the
arrant from the
entioned therein is
mmissioners shall cause Investment of gland, and placed to their such Monies. o be invested from Time to the said Commissioners shall Dank Annuities in their Names, count herein-before provided; and which shall arise from Time to Time, shall in like Manner be invested in the ties: Provided always, that such Interest