S.I. No. 264/1936 - Shannon Fisheries (Transfer by Minister For Industry and Commerce) No. 1 Order, 1936

STATUTORY RULES AND ORDERS. 1936. No. 264.

SHANNON FISHERIES (TRANSFER BY MINISTER FOR INDUSTRY AND COMMERCE) No. 1 ORDER, 1936

THE SHANNON FISHERIES (TRANSFER BY MINISTER FOR INDUSTRY AND COMMERCE) No. 1 ORDER, 1936, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 15TH DAY OF JUNE, 1936, PURSUANT TO SUB-SECTION (1) OF SECTION 6 OF THE SHANNON FISHERIES ACT, 1935 .

WHEREAS it is enacted by sub-section (1) of section 6 of the Shannon Fisheries Act, 1935 , that the Minister for Industry rind Commerce may by order transfer to the Electricity Supply Board any fishery or fishing right in the waters of the River Shannon or any part thereof which was acquired by him (whether before or after the passing of the said Act) under the Shannon Electricity Act, 1925 , and also any land, easement, way-leave, water-right, or other right which was so acquired by him and is ancillary to any such fishery or fishing right so transferred; and it is further enacted by sub-section (2) of the said section that any order made under that section shall operate to vest in the Electricity Supply Board, without any further or other conveyance, every fishery and fishing right and all lands, easements, way-leaves, water-rights, and other rights purported to be transferred to the Board by such order:

AND WHEREAS the Minister for Industry and Commerce has acquired under the Shannon Electricity Act the fisheries or fishing rights, and certain lands, casements, way-leaves, water-rights or other rights ancillary thereto, more particularly set out in Parts I, II, III and IV of the Schedule to this order:

NOW THEREFORE the Minister for Industry and Commerce in exercise of the powers conferred on him by sub-section (1) of section 6 of the Shannon Fisheries Act, 1935 , and of every and any other power him in this behalf enabling hereby orders as follows, that is to say :—

1. This Order may be cited for all purposes as the Shannon Fisheries (Transfer by Minister for Industry and Commerce) No. 1 Order, 1936.

2. (a) The fishery rights and also the lands, easements and other rights acquired by the Minister for Industry andCommerce as set out in Part I of the Schedule to this order shall be and they are hereby transferred to the Electricity Supply Board.

(b) The several fishery and fishing rights acquired by the Minister for Industry and Commerce as set out in Part II of the Schedule to this order shall be and they are hereby transferred to the Electricity Supply Board.

(c) The several fisheries and fishing rights acquired by the Minister for Industry and Commerce as set out in Part III of the Schedule to this order shall be and they are hereby transferred to the Electricity Supply Board.

(d) The several fishery and fishing rights and also easements, profits à prendre and other rights acquired by the Minister for Industry and Commerce as set out in Part IV of the Schedule to this order shall be and they are hereby transferred to the Electricity Supply Board.

IN WITNESS WHEREOF THE MINISTER FOR INDUSTRY AND COMMERCE HAS CAUSED HIS OFFICIAL SEAL TO BE HEREUNTO AFFIXED THIS 15th DAY OF JUNE, 1936.

(Signed) JOHN LEYDON, Secretary,

Department of Industry and Commerce.

SCHEDULE.

PART I.

Fishing rights, lands and other rights acquired by the Minister for Industry and Commerce from Samuel Whipp.

ALL THE rights of Fishing in the River Shannon appurtenant to part of the lands of Garrynatineel and the Island known as Friars Island and the other island in the River Shannon opposite said lands from the pool known as the " Upper Meadow " to the pool known as " Cassane "; and half the bed and soil of the said River Shannon where the same adjoins the said lands and all rights incident to the ownership of such half of the bed of the said River Shannon and all such other rights in or over the said River and the bed, soil and water thereof as are appurtenant to the said lands, all situate or arising in the Barony of Owney and Arra and County of Tipperary.

PART II.

Several fishery and fishing rights acquired by the Minister for Industry and Commerce from Frank Whipp.

ALL THAT AND THOSE the several Fishery Salmon and Trout Fishing formerly belonging to the See of Killaloe lying between the Northern boundary of the lands of Ballyvally and the Southern boundary of Cussane at the Clare side of the River Shannon situate in the Barony of Lower Tulla and County of Clare. Excepting therefrom the fishing from the Bridge of Killaloe to Balboru or Ballone or Balmore or Baalboro devised to Hanora Nihill and Elizabeth Nihill, AND ALSO EXCEPTING therefrom the fishing conveyed to Harry Lefroy by Deed dated thirty-first of October, one thousand nine hundred and nineteen.

PART III.

Several fisheries and fishing rights acquired by the Minister for Industry and Commerce from Major H. Lefroy.

ALL THAT AND THOSE the several Salmon and Trout Fishery and the exclusive right of fishing in and upon that part of the River Shannon extending from the style over the Railway fence in the Townland of Ballina to the stream forming the boundary between the Townlands of Ballina and Roolagh situatein the Barony of Lower Ormond and County of Tipperary. Secondly, ALL THAT AND THOSE that portion of the several fishery Salmon and Trout fishing formerly belonging to the See of Killaloe lying between the Northern boundary of the lands of Ballyvally and the Southern boundary of Cussane on the Clare side of the River Shannon (excepting therefrom the Fishery from the Bridge at Killaloe to Balboru or Ballorue or Baalmoroe or Baalboro demised to Honoria Nihill and Elizabeth Nihill) situate in the Barony of Lower Tulla and County of Clare.

PART IV.

Several fishery and fishing rights and other rights acquired by the Minister for Industry and Commerce from the Reps. of John Crowe (deceased).

ALL THAT the several Fishery in over and upon the River Shannon extending from the Bridge of Killaloe to Balborue situate in the County of Clare, and the exclusive right of fishing and taking fish in and from the said river and all riparian and other rights, and all easements, profits à prendre, privileges, advantages and preferments therein belonging or otherwise appertaining.