of the Fishery Board for Scotland. 



425 



the administration of the Crown rights over the foreshore and bed of the 

 sea, where such rights exist, are, with certain exceptions, transferred to 

 the Board of Trade. The Crown is also the conservator of rights of 

 navigation. 



The Board of Trade have intimated, that in cases where an application 

 for a fishery grant includes foreshore or sea bed under their management, 

 that Board will carefully abstain from throwing obstacles in the way of 

 improvements of oyster and mussel fishings which will benefit the public, 

 and will be averse to imposing any such terms as may, especially in the 

 infancy of an undertaking, impede or delay its progress. 



They will be prepared to consider favourably proposals founded on the 

 basis of determining rent or royalty according to the profits actually made 

 or the quantity of oysters or mussels produced or sold by the promoters. 



Part III. — Form of Procedure in applying for an Order under Part III. 

 * of The Sea Fisheries Act, 1868. 



1. The first step on the part of the promoters is to transmit a memorial 

 to the Fishery Board for Scotland, as directed by section 29 of the Act. 

 The memorial should be transmitted in duplicate, written on common 

 foolscap paper on one side of the paper only, with a wide margin, and 

 should contain the following information : — 



(a) A description of the existing conditions of the proposed fishery 



— whether it is barren or cultivated, and to what extent ; 

 and whether it contains any public or private beds, and in 

 what condition. 



(b) A statement of the manner in which it is intended to cultivate 



the ground applied for. 

 (e) In the case of an Order for a concession of or for regulating a 

 fishery, a precise statement of the nature of the proposed 

 regulations; of the proposed tolls (if any) ; of the manner in 

 which they are to be levied and expended ; and of the con- 

 stitution of the corporation or other body by whom the 

 powers in question are to be exercised. 



(d) A statement of the means in the shape of income or capital 



possessed or anticipated by the promoters for this pur- 

 pose. 



(e) The names of the owners or reputed owners, lessees or reputed 



lessees, and occupiers of the soil included in the proposed 

 fishery; and the nature of their title. 

 (/) Whether any, and if so what, arrangements have been or are 

 proposed to be made with them. 



The memorial should be also accompanied by the following docu- 

 ments : — 



(i.) Where the promoters are a company registered under The Com- 

 panies Act, 1862, by a printed copy of the memorandum of 

 association, articles of association, and any registered special 

 resolution of the company. 



(ii.) When they are a company formed in any other manner, by a 

 copy of every deed or instrument of settlement, partnership, 

 or incorporation, or Act of Parliament, relating to the com- 

 pany. 



(iii.) Where the promoter or promoters is or are the proprietor or 

 proprietors by his or their title. 



