A.D. 1876. SCHEDULE. Truro. Undertakers. Limits of fishery. Dredging for oysters or mus sels during the months of May; June, July, and August prohibited. Power to close portions of fishery. TRURO. Order for the Regulation by the Corporation of the Borough of 1. The mayor, aldermen, and burgesses of the borough of Truro, acting by their council (in this Order called "the Corporation") shall be the Undertakers of this Order. 5 10 2. The following are the description and limits of the fishery comprised in this Order (as shown on plans deposited at the Board of Trade); namely, All those parts of the bed of Truro River, containing an area of 1,743 acres or thereabouts, bounded as follows; (that is to say,) on the south and east, by the line of ordinary low-water mark from the point known as Victoria Point, in the parish of Saint Clement, in the said county of Cornwall, to a point called Messick Point, in the parish of Saint Just 15 in Roseland, in the same county, such boundary being adjacent to the several parishes of Saint Clement, Merther, Saint Michael Penkivel, Lamorran, Ruanlanihorne, Philleigh, and Saint Just in Roseland, respectively in the same county; on the south, by an imaginary line drawn from the said point called Messick Point to a certain other point called 20 Tarra Point, in the parish of Mylor, in the said county; on the west, by the line of ordinary low-water mark from the said point known as Tarra Point to a point called Sunset, in the parish of Kea, in the same county, such last-mentioned boundary being adjacent to the several parishes of Mylor, Feock, Perranarworthal, and Kea, respectively, in the same 25 county; and on the north, by an imaginary line drawn from the said point called Sunset to the said point called Victoria Point. 3. Subject to the provisions contained in Article 11 of this Order, no person shall dredge or fish for, or take oysters or mussels within the said fishery during the months of May, June, July, and August in any year. 4. The Corporation may from time to time make byelaws for closing any portion or portions of the said fishery, so far as relates to the fishing for oysters or mussels, for such periods as they may deem necessary, but subject to the conditions following: 30 (1.) After the first twelve months, during which time it is proposed that 35 5 10 15 (2.) No greater extent in the whole than one third of the oyster beds and A.D. 1876. one third of the mussel beds respectively shall be closed at any one (3.) One month's previous notice at least of the portion or portions to be (4.) A certificate in writing signed by a secretary or by an assistant secretary Truro. within enclosed Subject to the provisions contained in Article 11 of this Order, no person Dredging shall dredge, fish for, or take any oysters or mussels within the said fishery portions pron contravention of any byelaw of the Corporation whereof notice has been hibited. 20 given as aforesaid. byelaws with Board of 5. The Corporation, with the approval of the Board of Trade, may make Power to make byelaws and regulations for regulating the fishery generally in terms not approval of inconsistent with this Order. Such byelaws and regulations shall be revised from time to time when and as required by the Board of Trade, and any byelaw 25 or regulation not so revised may at any time be cancelled by the Board of Trade and shall then cease to have effect. Trade. boats to be 6. No person shall dredge, fish for, or take oysters or mussels within the Dredging said fishery in any boat not licensed in that behalf by the Corporation. ed. Licenses in that behalf shall be granted by the Corporation to any person 30 applying for the same on his paying the tolls in this Order specified, and every such license shall include both oyster fishing and mussel fishing. 35 7. The office for granting licenses shall be the office (for the time being) of Office for the town clerk of the borough of Truro, who shall be entitled to a fee of two granting shillings and sixpence for preparing and issuing every such license. licenses. 8. There shall be paid in respect of such licenses, and before they are Tolls and fees granted, the following tolls: payable on licenses. 45 A.D. 1876. Truro. Taking of small mussels and oysters prohibited. Power reserved to remove brood of mussels and oysters. Power reserved to cancel or vary pro hibitions. Power to appoint water bailiff. Provided that every license for a smack shall include the use of one row boat, such row boat to be used when fishing only by the regular crew of the smack, and fishing shall not be carried on by the crew of the row boat and smack independently at the same time. Where a license has been lost or accidentally destroyed, a new license by way 5 of substitution may be issued on the payment of a fee of one shilling. The person in charge of any boat (not being a row boat belonging to a smack) fishing within the limits of the fishery shall, when required by any water bailiff, produce the license of such boat, or else desist from fishing until the same is produced. 10% 9. Save as in this Order expressly provided, and subject to the provisions contained in Article 11 of this Order, no person shall at any time remove from the said fishery, or from one portion of the fishing grounds to another, any mussels of less size than two inches in length, or any oysters which will pass through a circular ring of such diameter as the Corporation shall from time 15. to time direct: Provided always, that no such ring shall be of less diameter than two inches measured in the inside or of greater diameter than two and a half inches measured in the inside. 10. For the purpose only of better cultivating the fishery, the Corporation, or any person or persons duly authorised by them, may remove any brood of 20 mussels and any spat or small sized oysters from one portion of the fishery to another, at such times as the Corporation may direct. 11. The Board of Trade may from time to time, by a certificate under the hand of one of their secretaries or assistant secretaries, repeal, alter, or vary the prohibition contained in Articles 3, 4, and 9 of this Order. 12. The Corporation may from time to time appoint, suspend, or remove, and again appoint a water bailiff or bailiffs to enforce the provisions of this Order, and the byelaws and regulations made under this Order, and generally to regulate the fishery. 25 Every such water bailiff shall have and may exercise the powers and autho- 30rities of a constable for regulating and protecting the fishery, and shall also have the following powers; that is to say, he may enter any smack, fishing boat, or row boat within the limits of the fishery, he may examine the catches, dredges, nets, and fishing implements and gear of any such boat, he may seize oysters or mussels illegally taken within the limits of the fishery, and he may 35 do all other lawful acts for giving effect to the provisions of this Order and the byelaws and regulations made under this Order. Any person considered by a water bailiff to have offended against any such provisions, byelaws, or regulations shall, when required by such water bailiff, state correctly his christian name, surname, and place of abode. 40 Any person refusing or omitting, when required, to state correctly his name and place of abode, or wilfully continuing to offend after having been required by a water bailiff to desist, may be apprehended by any water bailiff, or any person acting by order of a water bailiff, and conveyed before a justice of the peace to be dealt with according to law. Any person resisting, obstructing, 45or assaulting a water bailiff in performance of his duty may be apprehended Truro. and conveyed before a justice of the peace, and upon conviction shall be liable A.D. 1876. to a penalty not exceeding ten pounds, in addition to any other penalty or punishment incidental to his offence. No person apprehended under this section of this Order shall be detained in custody more than 24 hours without 5 being brought before a justice, but at the expiration of that time, if not previously brought before a justice, shall, on correctly stating his name and place of abode, be discharged, without prejudice to further proceedings by summons or warrant. to be applied poration. 13. The whole of the money received by the Corporation from licenses, Tolls and fees 10 tolls, fees, or otherwise, under this Order, shall, after the repayment to the borough fund of all expenses incurred in and incidental to the obtaining of this Order, be applied to the maintenance and improvement of the fishery in accordance with these regulations, under the powers and provisions of "The Sea Fisheries Act, 1868," or in repayment to the Corporation of such sums as 15 they may expend in putting or endeavouring to put the fishery into a more profitable state. 14. The limits of the said fishery shall be marked out in manner described Marking of in Article 2 of this Order, or in such other manner as the Board of Trade may from time to time direct. 20 15. No buildings, erections, embankments, or other works shall at any time be commenced or executed within the limits above described without the previous sanction and approval in writing of the Board of Trade. 16. The Corporation shall render annually to the Board of Trade on the 31st day of August in every year accounts of their expenditure and 25 income under this Order, and all other information required by the Board of Trade with reference to the subject of this Order, in such form as the Board of Trade may from time to time require, and shall allow the Board of Trade, or any person appointed by the Board of Trade, to inspect the fishery, and all books, accounts, and other documents in the possession of the Corporation 30 relative to the fishery, and shall give to such board or person all such information relating thereto as he or they may require. limits. Works not to be commenced without sanction of Board of Trade. Undertakers to give accounts of expenditure and income, and other information. several oyster and mussel fishery within the prescribed limits reserved. 17. The Board of Trade may at any time make a grant or grants of a several Power to grant oyster and mussel fishery of any ground within the limits comprised within this Order, and all the powers and provisions contained in this Order shall be 35 subject to the power of the Board of Trade to make such grant, and to any alterations which may be consequent on such grant or on any order made in pursuance of such grant. 40 18. This Order shall continue in operation for sixty years from its confirma- Duration of tion by Act of Parliament, and no longer. 19. The Board of Trade may, under the 39th section of "The Sea Fisheries Act, 1868," from time to time, or at any time, make an Order or Orders repealing, amending, altering, or adding to all or any of the provisions of this Order. 20. The Corporation may, but not without the consent of the Board of Trade, from time to time revise the tolls leviable under this Order, either by 45 increasing or diminishing the amount thereof, or by varying the mode and times Order. Power of to repeal or Power to revise tolls with conof Trade. sent of Board A.D. 1876. in and for which the same are levied or otherwise; provided that public notice of such revised tolls shall be given, either by advertisement or otherwise, in such manner as the Board of Trade shall direct. Truro. Saving rights under "The 21. This Order shall not be taken as a consent to the surrender of any rights, Crown Lands interest, powers, authorities, or privileges transferred to the management of the 5 Board of Trade by "The Crown Lands Act, 1866." Act, 1866." Short title. 22. This Order may be cited as "The Truro Port Fishery Order, 1876." |