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14 1959



Miscellaneous Provisions.

Provisions in relation to Moville Area.

325. —-(1) In this section—

the Act of 1952” means the Foyle Fisheries Act, 1952 (No. 5 of 1952);

the Moville Area” means the Moville Area as defined by subsection (1) of section 2 of the Act of 1952.

(2) Save as provided by subsection (3) of this section, this Act shall not extend to the Moville Area.

(3) For the avoidance of doubts it is hereby declared that any fishery within the Moville Area which under section 8 of the Act of 1952 became vested in the Minister and the Ministry of Commerce for Northern Ireland shall be deemed not to be State land for the purposes of Part II of the State Property Act, 1954 (No. 25 of 1954).

Saving for certain enactments.

326. —(1) Nothing in this Act shall be construed as affecting the operation of section 8 of the Shannon Fisheries Act, 1938 (No. 7 of 1938).

(2) Nothing in this Act shall be construed as affecting the operation of the British statute (1 Vic. c. xxxix) passed in the year 1837 and entitled “An Act to enable Edward Joshua Cooper Esquire to establish and protect a Salmon Fishery upon the Lakes and Rivers of Owenmore and Arrow and also within the Bay of Ballisodare in the County of Sligo in Ireland”, in so far as that British statute is in force immediately before the operative date.

Right of owner to take materials from streams.

327. —Nothing in this Act shall prejudice the right of any owner thereof to take materials from any stream.

Agents for fishery owners.

328. —(1) Any fishery owner may by power of attorney under his hand appoint an agent to act for him in carrying into execution the provisions of this Act.

(2) All things which by this Act are directed to be done by or with relation to any person may be lawfully done by or with relation to an agent appointed by him under this section and such agent may be dealt with in all respects as such person himself might have been dealt with under this Act.

(3) Every agent appointed under this section shall have full power, in the name and on behalf of his principal, to take part in or act upon any inquiry, or prosecute, oppose or defend any complaint, appeal, action, writ, suit or other proceeding or to attend, vote at and take part in any meeting or do or suffer any other act for the purposes of this Act.

(4) Every person who appoints an agent under this section shall be bound by the acts of such agent, according to the authority committed to him, as fully as if such person had so acted.

(5) Every power of attorney under this section shall be produced, inspected or registered and copies and extracts thereof made at such times and places and in such manner as the Minister may direct.

(6) A power of attorney under this section may be in the following form—

“I, A. B. of_______________________________hereby appoint C. D. of__________________________________ to be my lawful attorney to act for me in all respects as if I myself were present and acting, and I make this appointment under the Fisheries (Consolidation) Act, 1959.

Dated this___________day of______________, 19_____ .

(Signed) A. B.”

(7) Where a person is convicted of an offence under the repealed enactments or an offence under any provision of this Act, then—

(a) if such person is an agent for another person who is an ex officio conservator under section 34, he shall thereafter cease to be qualified to act as an agent for such other person in that other person's capacity as such ex officio conservator for a period of seven years from the date of such conviction,

(b) such person shall thereafter be disqualified from being appointed an agent under this section for a period of seven years from the date of such conviction.