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(c.) To apply to the breach of such byelaws such (if any) of the enactments in force respecting the breach of the regulations respecting Irish oyster fisheries, within the exclusive fishery limits of the British Islands, and with such modifications and alterations as may be found desirable.

(d.) To revoke or alter any Order so made.

Provided that the length of close time prescribed by any such Order shall not be shorter than that prescribed for the time being by the Irish Fishery Commissioners in respect of beds or banks within the exclusive fishery limits of the British Islands. And that every such Order shall be binding on all British sea fishing boats, and on any other sea fishing boats in that behalf specified in the Order, and on the crews of such boats.

And whereas the Irish Fishery Commissioners have made and laid before Her Majesty in Council a byelaw, copy whereof is set forth in the Schedule hereto annexed:

And whereas it has been made to appear to Her Majesty that the length of close time prescribed by the said byelaw is not shorter than that now prescribed by the Irish Fishery Commissioners in respect of beds or banks within the exclusive fishery limits of the British Islands:

Now, therefore, Her Majesty, in exercise of the power vested in her by the said recited Act, by and with the advice of her Privy Council, is pleased to direct that the said byelaw shall be observed.

(Signed)

EDMUND HARRISON.

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Question respecting Powers to search French Fishing Vessels engaged at Kinsale Mackerel

Fishery.

Inspectors forward copy of a report from Inspecting Commander Coastguard at Kinsale, in which he states that the powers of the officer of the cruiser at present there to prevent any depredations by French fishing boats should be more clearly laid down, as he thinks the British authorities have no right to search a Frenchman at sea.

April 15, 1878.

OPINION.

I am of opinion that the coastguard, or an English cruiser, has no right to search a French vessel at sea.

H. HOLMES.

April 24, 1878.

(Signed)

66

SCHEDULE.

We, whose names are hereunto subscribed, being Commissioners of Sea Fisheries, acting in pursuance of the 67th section of an Act passed in the Session of Parliament of the thirty-first and thirty-second years of her present Majesty, chapter 45, called the Sea Fisheries Act, 1868," do hereby decide and appoint that the close time, during which it shall not be lawful to dredge for, take, catch, or destroy, any oyster or oyster brood, on or off any part of the east and south-east coast of Ireland, within the distance of 20 miles measured from a straight line drawn from the eastern point of Lambay Island, in the county of Dublin, to Carnsore Point, in the county of Wex- ford, outside the exclusive fishery limits of the British Islands, shall be between the 30th day of April and the 1st day of September in each year.

(Signed)

J. G. McKERLIE,

W. R. LE FANU,

Two of the Commissioners of Public Works and Sea Fisheries in Ireland.

(Signed) JAMES REDMOND BARRY,

Inspecting Commissioner of Sea Fisheries in Ireland.

Dated at the Office of Public Works, Dublin, this 23rd day of April 1869.

Memorandum.

A case having been submitted to the Law Officers, as to the powers possessed by Her Majesty to make an Order in Council prohibiting herring fishing before the 1st June within 30 miles of the south coast of Ireland, the following opinion was given :--

Law Opinion.

We are of opinion that Her Majesty in Council has no power to make such an Order or byelaw as is suggested; nor do we know of any authority possessing such a power. Parliament might make such a law so as to bind the subjects of the Crown, although there would probably be no precedent for such a statute; but such an enactment would not affect the subjects of foreign States.

November 13, 1886.

(Signed)

HUGH HOLMES. J. G. GIBSON.

PUBLIC RECORD OFFICE

Reference :-

REC.O. 885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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