Ex officio members. Provision for persons under (2) The occupier or, if there are more occupiers than one, one of the occupiers of any such fishery or fisheries; (But in no case can both owner and occupier be at the same time ex officio members in respect of the same fishery. Either can be at any time a member, but not both at once (ƒ).) (3) Owners of land of the annual value of 1007. a-year within the fishery district, fulfilling all the following conditions : (a) Having a frontage of not less than a mile to a salmon river; (But in counting the mile both banks of the river are to be reckoned, so that, in effect, it is a frontage of a mile on one bank or half a mile on both banks.) (b) Having the right to fish in the part of the river adjoining such frontage; (It will be observed, that the definite article the is used here, and that to satisfy this condition a landowner must have not only a right of fishing, but the exclusive right of fishing in the river.) (c) Having paid licence duty in such district during the last preceding fishing season (ƒ). Unless all these three requisites are complied with, no person can act as an ex officio member of a board of conservators under the qualification. If any person who would be qualified to act as disability. an ex officio member is under any legal disability, (f) 36 & 37 Vict. c. 71, s. 26. either as being a minor, idiot, lunatic, married woman, or if any corporation, company or fishery association, would, if they were individuals, be duly qualified as an ex officio member or members, then one of the guardians, trustees or committees of any minor, idiot or lunatic, the husband of such married woman, one of the members of the corporation, company or fishing association, or their attorney or agent, will be entitled to act as an ex officio member of the board of conservators within whose district the property in respect of which the qualification exists is situated (g). The object of the act being that property, not persons, should be represented. Of course it will be necessary for any of these persons, if they claim to act as ex officio conservators in respect of the landowner qualification, to have paid licence duty either in their own names or in that of the landowner during the preceding fishing season, otherwise they will not be duly qualified. to be signed by ex officio members. Before any ex officio conservator can take his Declaration seat at the board, or act in any way as a member, he must sign a declaration in the form prescribed by the board, setting forth the qualification in respect of which he claims to be entitled to act. Persons making a false declaration, or refusing to make a declaration and acting as members, are liable to a penalty of five pounds (h). Ex officio members are only entitled to act as such so long as they have the qualification mentioned in their If fishery district lies wholly in one county. If fishery district lies in several counties. for a fishery committee. declaration, and, if any district is altered, are only entitled to act as ex officio members in respect of the district in which their qualification is situate (j). (ii.)—Appointed Members. When a fishery district is formed by the secretary of state, if the district comprises but one county, the magistrates of that county, assembled in quarter sessions, appoint the board of conservators and fix the time and place for the first meeting of the board (k). If, however, a fishery district does not lie wholly in one county, then the justices of any county in quarter sessions, or the town council of any town or Application city which is a county, may apply to the justices or town council of every other county to appoint three magistrates as a fishery committee for that county or town. Each county and county of a town appoints three members, and the whole form the joint fishery committee for the district (7). By whom to be made. The application for such appointment is to be made by the clerk of the peace if in a county, or the town clerk if in a county of a town, within fourteen days after the sessions or town council are held at which the resolution to apply for a fishery committee is agreed upon, by letter to the clerks of the peace and the town clerks of all the other counties and counties of towns within the district requiring them at their next quarter sessions (j) 36 & 37 Vict. c. 71, s. 28. be made. or town council meeting to appoint a fishery com- To whom to mittee, and notice of the application is to be given for the next sessions or town council after the re ceipt of the notice (m). at quarter after notice. At the next quarter sessions or town council, Proceedings if the justices of any county do not appoint any sessions members, then the members of the other counties can proceed without them; and the county or town who have not appointed is bound by the proceedings of the committee (n). pointment. As soon as any county or town has appointed Notice of apa fishery committee, the clerk of the peace or the town clerk is to give notice by post to every other clerk of the peace or town clerk of a town which is a county in the district, stating the names and addresses of the persons appointed by his county or town as members of the joint committee (o). meeting. The clerk of the peace or town clerk of the Notice of place making the original application gives notice of the time and place where the joint fishery committee meet (p). Duty of joint fishery com The duties of a joint fishery committee are:- (2) To appoint the board of conservators for Procedure of joint committee. Dissolution of joint fishery committee. Alteration of number of members ap pointed by (b) The number of members each county and county of a town appoints: (c) The names of the first members, distinguishing those appointed for each county, in doing which they may appoint all or any of their own number: (d) The time and place of the first meeting of the board: (e) The county which is to audit the accounts of the board: (3) To give notice by post of their disposition, under the five preceding sub-sections, to the clerks of the peace of each county and the town clerks of each town which is a county within the district (s). The joint committee may, in order to settle the above matters, adjourn from time to time and from place to place. A third of the whole number of the committee are required to form a quorum. All questions are decided by a majority of votes. The chairman has a vote as well as his casting vote. No vacancies in their body invalidate their proceedings (t). When all the matters they have to settle have been agreed to, and the notices of their decision sent, the committee is ipso facto dissolved (u). The Salmon Fishery Act, 1865, gave no power to rectify the number of members appointed by each county each county, if it was thought desirable. As the joint fishery joint fishery committee appointed them so they had as fixed by committee. |