Abbildungen der Seite
PDF
EPUB
[blocks in formation]

To amend certain provisions in Part II. of the Housing Act, 1925, relating to Improvement and Reconstruction Schemes.

Presented by Major Kindersley, supported by

Captain Bourne, Mr. Wells,

Mr. Herbert Williams, Captain Dixey,
Sir John Power, Mr. Green, and
Colonel Fremantle.

Ordered, by The House of Commons, to be Printed, 20 December 1927.

LONDON:

PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE.

To be purchased directly from

H.M. STATIONERY OFFICE at the following addresses:
Adastral House, Kingsway, London, W.C.2;

120, George Street, Edinburgh; York Street, Manchester; 1, St.Andrew's Crescent, Cardiff; 15, Donegall Square West, Belfast; or through any Bookseller.

Printed by Eyre and Spottiswoode, Ltd.,

East Harding Street, E.C. 4,

Printers to the King's most Excellent Majesty.

[Bill 216]

[Price 1d. Net.]

Penalties.

A

BILL

ΤΟ

Amend the Law with respect to penalties for
illegal fishing by trawl Vessels.

BE 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 Parliament assembled, and by the authority of the same, 5 as follows:

A.D. 1927.

beam and

1. (1) Any person who uses any method of fishing Penalties in contravention of the sixth section of the Herring for contraFishery (Scotland) Act, 1889, or of any byelaw of the vention of 52 & 53 Vict. Fishery Board for Scotland duly confirmed proc. 23. ss. 6, 10 hibiting beam and otter trawling, shall be liable on or of byeconviction under the Summary Jurisdiction (Scotland) laws of the Acts to a fine not exceeding one hundred pounds Fishery for the first offence and, failing payment of the fine, Board to imprisonment for a period not exceeding sixty days; prohibiting 15 and for the second and any subsequent offence to a otter fine not exceeding two hundred and fifty pounds, trawling. and, failing payment of the fine, to imprisonment for a period not exceeding one hundred and twenty days, without prejudice in either case to diligence by 20 poinding or arrestment, if no imprisonment has followed on the conviction; and every net set or attempted to be set in contravention of the said enactment or of any such byelaw and any fish found on board the offending vessel or boat shall be forfeited and may be seized and sold 25 or otherwise disposed of by any superintendent of the herring fishery or other officers employed in the execution

Penalties.

A.D. 1927. of the Herring Fisheries (Scotland) Acts, 1771 to 1890; provided always that if no conviction shall follow, any net so seized shall be forthwith returned and due compensation shall be made for any damage occasioned thereto by such seizure, and the price realised of any 5 fish sold as above provided shall be paid over to the owner or owners of such vessel or boat.

9 Edw. 7. 0. 8.

Penalties for contra

vention of

under Merchant

Shipping

(2) It shall be lawful for the sheriff in addition to the penalties provided under subsection (1) hereof in the case of a second or subsequent offence to suspend for 10 such period as he may think fit, or cancel the certificate of competency of any master or other person convicted of such offence and to suspend or cancel the certificate of registry of the offending vessel.

(3) The proviso contained in section four of the 15 Trawling in Prohibited Areas Prevention Act, 1909, shall not apply in the case of any proceedings taken under the Herring Fishery (Scotland) Act, 1889, for trawling within the prohibited areas defined in section five subsection (1) of the first-named Act or for con- 20 travention of section six of the Herring Fishery (Scotland) Act, 1889, or of any byelaw of the Fishery Board prohibiting beam and otter trawling.

2. It shall be lawful for the sheriff in the event of a conviction being obtained against any person on board 25 a trawl vessel, while within an area in which trawling is regulations prohibited, for contravention of the regulations for the registering, lettering and numbering of British seafishing boats made by Order in Council under the Merchant Shipping Act, 1894, and the Sea Fisheries 30 Act, 1868, or of the regulations for preventing collisions at sea made by Order in Council under the Merchant Shipping Act, 1894, in addition to the penalties therein provided to suspend for such period as he may think fit, or cancel the certificate of competency of any master or 35 other person so convicted and to suspend or cancel the certificate of registry of the offending vessel.

Act, 1894,
and Sea
Fisheries
Act, 1868.

Particulars

of orders

subsection

3.-(1) The sheriff shall cause particulars of the conviction of any person under sections one and two and made under of any order made under subsection (2) of section one 40 and under section two suspending or cancelling the certificate of competency held by the person so convicted to be endorsed upon such certificate, and shall also cause a copy of these particulars to be sent to

(2) of section one and

under section two

Penalties.

the Board of Trade and to the Registrar General of A.D. 1927, Shipping and Seamen, who shall enter same in the register of certificates of competency kept by him.

to be entered in

(2) The sheriff shall cause particulars of the con- registers. 5 viction of any person under sections one and two and of any order made under subsection (2) of section one and under section two, suspending or cancelling the certificate of registry of the offending vessel to be endorsed on such certificate of registry, and shall also 10 cause a copy of these particulars to be sent to the Board of Trade and to the Registrar of Shipping at the port of registry at which such vessel was registered, who shall enter same in the register book kept by him.

(3) Where an order has been made by the sheriff 15 under subsection (2) of section one or under section two, any person so convicted shall produce his certificate of competency, and the owner of the offending vessel shall produce the certificate of registry of such vessel, within a reasonable time, for the purposes of endorsement, 20 and on failure to do so, shall be liable on summary conviction to a fine not exceeding twenty pounds.

4. (1) The trawling gear on board any trawler Penalties while within an area in which trawling is prohibited for failure shall be stowed away on board as follows: The otter to stow 25 boards of the trawl shall be made fast in their usual trawling gear while place within the gunwale of the boat and the nets shall be detached from the boards, emptied of fish and made hibited fast either on or below deck.

(2) Any person convicted of an offence under this 30 section shall be liable to the penalties provided in section one hereof.

35

areas.

5. Section fourteen (2) of the Sea Fisheries Act, Amendment 1883, which relates to the punishment for obstructing of 46 & 47 sea-fisheries officers, shall have effect as if the words Vict. c. 22, "two hundred pounds" were substituted for "fifty s. 14 (2). pounds."

6. The Herring Fishery (Scotland) Act Amendment CommenceAct, 1890, and the Sea Fisheries Regulation (Scotland) of Act and Act, 1895, are hereby repealed to the extent specified short title. 40 in the third column of the Schedule appended to this

A.D. 1927.

Repeal.

Penalties.

7. This Act shall come into force on the first day of January, nineteen hundred and twenty-eight, and may be cited as the Illegal Trawling (Scotland) Penalties Act, 1927.

[blocks in formation]
[blocks in formation]

BILL

To amend the Law with respect to
penalties for illegal fishing by trawl
Vessels.

[blocks in formation]

Ordered, by The House of Commons, to be Printed, 3 March 1927.

[blocks in formation]

To be purchased directly from

H.M. STATIONERY OFFICE at the following addresses:
Adastral House, Kingsway, London, W.C. 2;

120, George Street, Edinburgh; York Street, Manchester;
1, St. Andrew's Crescent, Cardiff: 15, Donegall Square West, Belfast;
or through any Bookseller.

[blocks in formation]
« ZurückWeiter »