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PUBLIC RECORD OFFICE

Reference :-

LCO 885

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22 PUBLIC RECORD OFFICE, LONDON

Local in- quiry. 52 & 53

Vict. c. 50.

Definition.

Applien-

tion, com-

mence-

ment, and

short title.

Prohibi- tion of

100

notice under the hand of the Chairman of or the Secretary to the Board to the procurator fiscal of such sheriff court to be the court nearest to the spot where the offence was committed, or otherwise the most convenient for the trial of the case.

7. For the purposes of this Act subsection one of section ninety-three of the Local Government (Scotland) Act, 1889, respecting the holding of local inquiries shall apply as if it were enacted herein with the substitution of the Board for the Secretary for Scotland; provided that the nomination of a person to hold an inquiry shall be certified by writing under the hand of the Chairman of or the Secretary to the Board, and such person shall be paid his reasonable expenses and such remunera- tion.as may be approved by the Treasury.

8. In this Act the expression "whaling steamer" includes any ship used for the purpose of capturing or killing whales, whether propelled by steam power or otherwise.

9.(1) This Act shall apply to Scotland only, and shall commence on the first day of January one thousand nine hundred and eight.

(2) This Act may be cited as the Whale Fisheries (Scotland) Act, 1907.

BY-LAW (No. 22) made by the FISHERY Board for Scotland under the Powers CONFERRED ON THE BOARD BY THE Whale Fisheries (Scotland) Act, 1907.

I. This By-law shall extend and apply to the waters within a distance of

40 miles from low-water mark of any part of the coast of Shetland.

II. Within the foresaid limits no holder of a licence from the Fishery Board for Scotland to land whales, or engage in the manufacture from whales of oil or other primary products in Scotland shall in any year pursue, kill, or shoot whales during the five weeks extending from the 1st day of June to the 5th day of July, both days inclusive.

III. This By-law shall come into force on the first day of June, 1908.

BY ORDER OF THE FISHERY BOARD FOR Scotland.

WM. C. ROBERTSON,

Dated at Edinburgh this Second day of January, 1908.

Secretary.

WHALE FISHERIES (Ireland) Act, 1908.

[8 Edw. 7. Ch. 31.]

ARRANGEMENT OF SECTIONS.

Prohibition of exercise of whaling industry without licence.

Granting of licences by the fishery authority on certain conditions.

Offences by holder of licence and others.

Inspection of whaling factories, &c.

Section.

1.

2.

3.

4.

5.

Saving for certain whales and whaling industries.

6.

Penalties,

7.

By-laws.

8.

9.

Interpretation.

10.

1.

Legal proceedings and application of fees and penalties.

Application, commencement, and short title.

AN ACT TO REGULATE WHALE Fisheries in Ireland.

[1st August, 1908.]

BF 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 Parlia- ment assembled, and by the authority of the same, as follows:-

in any No person shall, in any part of Ireland, land any whale, or engage way in the manufacture from whales of oil or other primary products, without a exercise of licence granted and issued subject to the conditions hereinafter provided, and any whaling

person acting in contravention of this section shall be guilty of an offence under this industry without Act, and shall be liable on summary conviction to a penalty not exceeding five licence. hundred pounds.

101

2. It shall be lawful for the fishery authority to issue licences under this Act, Granting subject to the following conditions :---

of licences by the

(1) A person applying to the fishery authority for a licence shall, at least fishery

two months before making such application, publish notice thereof authority

conditions. once in each of two consecutive weeks, with an interval between each on certain publication of not less than six days, in one or more newspaper or newspapers circulating in the district in which the factory or station Such notice shall state the name existing or to be erected is situate : and address of the applicant, and shall contain a description of the site or intended site of the factory or station where the process of manufacture as aforesaid is to be conducted :

(2) It shall be lawful for the council of any county, county district, or county borough in which the factory or station existing or to be erected is situate, or for any person interested, within fourteen days after the publication of such notice as aforesaid, to lodge with the fishery authority objections to the granting of any such licence, and the fishery authority shall consider any such objections, and, after such inquiry, if any, as they may think necessary, shall grant or refuse such licence: (3) Each licence shall contain a description of the site of the factory or station erected or proposed to be erected as aforesaid, and no such factory or station shall be removed from the site in the said licence described to any other site, unless and until such other site shall have heen approved by the fishery authority, and their approval shall have been endorsed on the licence :

(4) The licence shall specify the number of whaling steamers (not exceeding three) that may be used or employed by the holder, and no whaling steamer in excess of the number specified in the licence shall be used or employed by the holder:

(5) No licence shall be granted except to a British subject or to a company

registered in Great Britain of Ireland:

(6) The fishery authority may at any time, on the application of the holder

of a licence, cancel the licence; but it shall not be lawful to transfer or assign any licence without the consent of the fishery authority, and any transfer or assignment shall be endorsed upon the licence:

(7) There shall be paid to the fishery authority in respect of every licence issued under the provisions of this Act a sum of two hundred pounds if the licence authorises the use or employment of three whaling steamers, the sum of one hundred and fifty pounds if the licence authorises the use or employment of two whaling steamers, and the sum of one hundred pounds if the licence authorises the use or employ- ment of one whaling steamer, and such sum shall be paid to the fishery authority on the issue of the licence and thereafter annually during its continuance :

(8) Every licence shall be subject to all the conditions contained in this Act, or any by-law made in pursuance of this Act, and it shall be lawful for the fishery authority, in the event of the infringement of any such condition by the holder of a licence, or of the conviction of such holder or any person employed by him of an offence under this Act, or under any by-law made in pursuance of this Act, without compensation to cancel any licence or to suspend any licence for a specified period

3.-(1) No holder of a licence or person employed by him shall in the prosecu- Offences tion of the whaling industry use any vessel, other than the whaling steamer from or by holder by which a whale shall have been captured or killed, for the purpose of bringing or towing such whale to or towards any factory or station for manufacture.

(2) Every whaling steamer employed by the holder of a licence shall carry such distinctive mark as the fishery authority, with the consent of the Board of Trade, may from time to time prescribe, and such mark shall be specified in the licence.

(3) No holder of a licence or person employed by him shall use, in the pursuit or capture of whales, any method or contrivance which does not include a harpoon with a whaling line attached thereto, and fixed or fastened to the whaling steamer from which the whale is captured or killed.

of licence and others.