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Les diagrammes suivants illustrent la mAthode. / 32X 1 2 3 4 8 6 „ .-. \ '■iv.'.'.-iafr'i'^.' I AWS AND REGULATIONS I NOW IN FORCE IN THE UNDERMENTIONED COLONIES KBLATIVB TO THE FISHERIES. IV CANADA . - - - 4 NEW BRUNSWICK 20 NOVA SCOTIA 38 PRINCE EDWARD ISLAND 64 NEWFOUNDLAND 70 Coltmial Ofiee, • Oclo6er 1856. [296] CONTENTS. CANADA. Mo. I . G«*cniar Sir Edmaad Hod to Mr. Saentary Labeuchcr* . . Enclotore. A«U raUting to FukMiM in Cuwda, rii..— 9 Gto. IV, eap. SI ; 4 & 5 Viet., cap. 36; 7 Viet., cap. IS; 8 Viet., cap. 47 1 16 Vietn cap. 99: 18 Viet, oap. 114; 18 Vict., cap. 144; Extract ftwi the Lower Canada Municipal and Road Act of 1858, oap. too, ace. 19 .. NEW BRUNSWICK. 9. Liantenant-Cktvamor the Honourable H. Mannera Button to Secretary Sir O. Giey . . Encloeure. Lenalatioa of New Brauwiek on the tnbieet of Fiiheriea, via. i— Reviaed Slatataa, mo. 101 < City of St. John; County of St. John ; CounU of Weetmorland ; County of Kent ; County of Gloueeater; County of Beatigonehe ; County of Northumberland S. Mr. Secretary Labouehere to Lieutenant-Governor the Honourable H. Mannera Sutton NOVA SCOTIA. 4. Lieutenant-GoTarnor Sir Gaapard 1e Merchant to Mr. Secretary Labouehere . . EneloBure. 1. Ordera and Regnlationt of the tCTerai Courts of Seaeiou in Nova Scotia, rriatire to River Fuhertee, via. :— Aniiap>lii, Digby, Yarmouth, Shelbume, Guysborough, Invemeu, King's County, Lunenburg, Hants, Pictou, Queen's, Sydney, Colchester, County of Halifax, County of Guysborough, Dittnct of Argyle 9. Acto and Proelamations in foree in rotation to the Fisheries in Nova Scotia, via. : — Extract from c«p. 94 of the Revised Statutes; Extract (him cap. 99 of the Revised Statutes; 16 Viet., cap. 17; 17 Vict., cap. 34; 18 Vict., cap. 1 ; 18 Vict., cap. SO April 19, 1866 4 4-16 November 16, 1855 ilO 31-30 December 13, 1895 36 September 9, 1856 38 39-55 58-62 PRINCE EDWARD ISLAND. 5. Lieatenant-Oovernor Daly to Sir W. Molesworth Enclosure. Laws and Regulations relative to Fisheries, vis. :— 7 Viet., cap. 39 18 Vict., cap. 39 ; 8 Vict., cap. 20 ; 16 Vict., cap. 42 October 16,1855 64 NEWFOUNDLAND. 6. Governor Darling to Sir W. Molesworth Enclosure. The Acting Attorney-General and Solicitor-General to the Colonial Secratary .. .. .. .. September 17, .. 64-66 September 39, 1855 70 • 71 4 (-16 ilO t-30 36 CANADA. 38 >-55 )-62 64 1-66 70 71 CANADA. CANADA. No. I. No. 1. Copy of a DESPATCH from Governor Sir Edmund Head to Mr. Secretary Labouchbre. (No. 64.) Ciovemment House, Toronto, April 29, 1856. Sir, (ReMived Mmy 19, 1896.) I.N compliance with Sir William Molesworth's despatch of the 3rd of August, 1856, No. 10, I have the honour to enclose certified copies of the Acts now in force in this Province relating to fisheries. The collection has heen examined by the Attorney-General for Canada East, whose signature attests it to be complete and authentic. Copies of this collection have been sent to Her Majesty's Minister at Washington, and to each of the Governors of the different North American Colonies. I have, &c. The Right Hon. H. Labouchere, (Signed) EDMUND HEAD. &c. &c. &c. End. in No. I. Enclosure in No. 1, Acts relating to Fisheribs in Canada. 9 Geo. IV, cap. 51 (Lower Canada). 4 & 5 Vict., cap. 36. 7 Vict, cap. 13. 8 Vict., cap. 47. 16 Vict, cap, 92. 18 Vict, caps. 1 14, 144 ; and Extract from "The Lower "Canada Municipal and Road Act of 1855" (18 Vict, cap. 100). 9 Geo. IV, cap. 51. continued by 18 Vict., c. 86. Presmble. Penalty for catcli- Ing salmon in the county of Corn- wallis or North- iinib«rland, eatt- ward of Cap Tourroente, atlcr the 1st day of Au.rii8t in any year. l'rovi»o. Salmon not to be prerented from pa that part of the said county of Northumberland lying eastward of Cap Tourmente, by any means or in any manner whatsoever, from and after the said first day of August, in any year during this Act; nor shall it be lawful, during the said period, to buy or receive from the Indians any salmon after the first day of August aforesaid, nor from any person whatever any salmon caught or killed and offered for sale in either of the said counties after the said day, under the penalty of five shilhngs currency, for ever)" ofl^ience in disobedience to this Act: Provided always, that nothing herein contained shall be construed to extend to prevent . the Indians from catching and killing salmon for their own and for their families use at any time. il. And whereas it is necessary for the preservation and improvement of the salmon fisiieries in the aforesaid counties, that sulnioii be not prevented from passing freely and without obstruction, the different rivers therein, up to their spawning places : fie it there- fore enacted, &c., that the ohanneli or main water-couraei of the several rivers in the said CANADA. county of Cornwallis, and within the extent aforesaid uf the said county of Northumber- land, shall at all times lie left open and free of obstruction of whatsoever kind; and where tton "p the riven, no channel can he asrcrtained, then one-third the breadtli of the river, comprising the ^o ''<■"■' •panning deepest water thereof or main water-course, shall lie so left open and free, under the P'*<=**- penalty of five pounds currency, n-coverable from the person or persons who shall have Penalty, caused such obstruction. III. And he it further enacted, &c., that it shall '.jO the duty of each and every Duty of the iintice, Justice of the Peace, oflircr uf nnliteen placed in a manner manifestly prejudicial to the salmon fishery in such river, forthwith to remove, contrary to this or cause to be removed, such net or other obstruction. Aet. IV. And be it further enacted, &c., that the fines and forfeitures imposed by this Fi„es and for- Act, may, within tliree months after the commission of the offence, but not afterwards, be feitures recoverable prosecuted and recovered in a summary manner before any Justice of th? Peace; and that in a summary the testimony on outli of one credible witness, other than tlie prosecutor or informer, shall manner, be suthciont to convict any person offending against this Act. V. And be it further enacted, flee, thiit every convicticin before any Justice of the Conviction, how tp Peace, that may t»1pendix to this Act. (Letter A.) VI. And be it further enacted, &c., tlmt f<Ieased to direct. One moiety of the (inos to go to the prosecutor, and the other moiety to be at the disposal of the TA'gislalure. X. And he it further enacted, &c., that nothing in this Act contained shall in any Savine of His Ma- nianner prejudice the rights of His Majesty, or of any body politic or corporate, or any Jestv's rights, &c. j)erson or jiersons whomsoever, with respect to any of the rivers in the said county of Cornwailis and within the extent aforesaid of the said countv of Northur this .■\ct mentioned excepted. Northumberland, those in CANADA. APPENDIX (A.) Province of Lower Cunada, County of Be it rempnihrred, that on thia A. B. is convicted beforu me, day of in the year , , one of Hia Majesty's Justices of the Peace [here $et forth the offetwe] ; and I do accordingly adjudge him, by virtue of an Act (Miswd by the Legislature of ttiis province in tlie year of Ilis Majesty's reign, intituled " An Act for the preser\-ation of the Salmon Fisheries in the Counties of Com- wallis and Northumberlnnd," to pay and forfeit by reason of the offence aforesaid, whereof the said A. B. stands convicted, the sum of Given under my liand, at the day and year aforesaid. 4 & 5 Vict, c. 36, continued by 18 Viet., c. 85. Preamble. Kight to Hah and Innd on the shores of (iasp& Oi-cupation of the lipacli. Proviso. Proviso. Persons fishing; to do no injury ; 4 & 5 Vict., Cap. XXXVL An Act to regulate the Fisheries in the District of Oasp^. [September 18, 1841.] Whereas the 6sheries in the Inferior District of Gasp^ are of great importance to the trade of this province ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Let(islativc Council and of the Ije};islative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of nn Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, in tlic session held in the third and fourth years of Her Majesty's reign, and intituled " An Act to reunite the Provinces of Upper and Lower Canada, and for the " government of Canada," and it is hereby enacted, by the authority of the same, that all and every Her Majesty's subjects shall peaceably have, use, and enjoy tlic freedom of taking bait, and of tishin^r in any river, creek, harbour, or road, with liberty to go on shore on any part within the Inferior District of Gasp^, between Cape Chat, on the south side of the River Saint Lawrence, and the first rapid of the River Ristigouche within the said district, and on the Island of Bonaventure, opposite Perce, for the purpose of salting, curing, and drying tish there, to cut wood for making and repairing stages, flakes, hurdles, cook-rooms, and other pur|>oses necessary for preparing their fish for exportation, or that may be useful to their fishing trade, without hindrance, interruption, denial, or molestation from any person or persons whomsoever: Provided such river, creek, harbour, or road, or the land upon which such wood may be cut, doth not lie within the bounds of any private property by grant from Her Majesty, or her Royal predecessors, or other title proceeding from such grant by Her Majesty, or her Royal predecessors, or by grant made prior to the year one thousand seven hundred and sixty, or held under and by virtue of any location certificate, or title derived therefrom, or under and by virtue of any title derived under any Act of the Legislature of the late Province of Lower Canada or of this province. II. And be it further cnncted by the authority aforesaid, that the master or commander of any vessel fitted out from the United Kingdom of Great Britain and Ireland, or the dominions thereunto lielonging, as well as all other subjects of Her Majesty, may take possession of so much of the unoccupied beach within the aforesaid Inferior District of Gaspe, as may be necessary for curing liis fish, and preparing it for ex|)ortation, and to retain and enjoy the same so loni; as he shall not leave it unoccujiied for the space of twelve calendar months, in which case it shall be lawful for any other person or persons to take possession thereof, in part or the whole, for the same pur]>oses ond on the same mnditiun : Provided that such l)cach l>e not private property Ijy grant from Her Majesty or her Royal predecessors, or other title proceeding therefrom, or by grant |)rior to the ye:ir one thousand seven hundred and sixty, or held under and by virtue of any location certificate, or title derived therefrom, or in virtue of any title derived under any Act of the Legislature of the late Province of I^)wer Canada, or of this province : Provided also, that .such new occupier shall, when thereunto required by the preceding possessor, or his lawful attorney, the dcnumd ijeing nuule within one year after the posstssion taken, j>ay him for such parts of the flakes and stages as such new occupier shall take possession of. And provided furtiier, that tlie said preceding possicssor, not imving l)een paid as aforesaid, may remove any building or other improvement erected or made by him on the unoccupied beacli as aforesaid, so that sucii removal be not made during, and before, the close of the fishing season in which the new occupier shall have taken possession. III. And be it further enacted by the authority aforesaid, that no ballast, or anything else injurious or hurtful to any of tfie rivers, harbours, or roads within the said Inferior District of Gaspe, shall he thrown out of any vessel, or discharged into any stream, basin, or road in the said Inferior District, but that the same shall be carried on shore, and deposited where no public or private injury may be sustained thereby, nor shall any person or persons throw any fish, guts, offals, or gurry overboard within the distance of six leagues hxnn the ihore and inland* of the Inferior District of Gaap^ aforesaid, nur on any fishing hanl<, under a penalty not exceeding twenty pounds current money of this province. CANADA. IV. And be it further enacted by the authority aforesaid, that no person or persons ^„,| „g, ,„ obrt^mj shall cast anchor near the shore, or do anything within the aforesaid limits so as wilfully to other fiihinr. annoy or obstruct the haulinfi; of seines, or to obstruct or prevent the setting of nets, nor shall any nets be wilfully set or placed so as to prevent or obstruct the hauling of seines, under a penalty not exceeding Ave pounds current money of this province for every nucIi offence, exclusive of such damages as may be recovered at law by the proprietor or proprie- tors of the seines or nets which may be thereby injured or destroyed : Provided always, that no such nets or seines as aforesaid shall be set or used so as to incommode or obstruct the navigation or anchorage in any harbour, roadstead, cove, or place necessary for the common purposes of navigation. V. And be it further enacted by the authority aforesaid, that all pickets, building Pickets, timber, &c, timber, or other timber of any description whatsoever, placed or used in the several rivers placed in the river, in the Inferior District of Oasp^, or in the sea along the beach in any part of the said to be removed. Inferior District, whether for the use of fisheries or for the purpose of budding, re|)airing, or launching any vessel or vessels, barge or boats, or for any other purpose whatsoever, shall be removed and carried by the |>crsun or persons who shall have so placed them, or caused the same to be so placed, to some part of the beach above high-water mark witiiin the space of eight days from the day on which such person or persons shall have ceased to use said pickets, building timber, or other timlier of whatever description, under a penalty not exceeding five pounds currency of this province for every offence against this section. VI. And l>e it further enacted by the authority aforesaid, that it shall not be lawful. Fishing implements under any pretext whatsoever, during the fisliing season in the said Inferior District of Gaspe, not seisable durinp that is to say, between the first day of Moy and the first day of November, inclusivelv, to tishing season, scice or attach any boat or boats, tackle, nets, rigging, or implements of fishing of any kind whatsoever, or any provisions whatever belonging to any fisherman in the said Inferior District, nnd being necessary for his subsistence, or to enable him to follow his customary occupation in fishing for the cod, mackerel, herring, salmon, whale, seal fisheries, or any other kind offish ; and every person herein offending shall be liable to a penalty of not more than ten |K>unds currency, nor less than two ])ounds ten shillings currency, to be recovered by the person who shall sue for the same, without prejudice to such damages as the party injured may lawfully demand and prove. * VII. And l)c it further enacted by the authority aforesaid, that any person hired to Persons hired to assist in any fishery who shall leave the service of his employer witliout just cause before assist, quitting the end of the term for wliich he siiall have been so hired, or any person who shall hire or before the end of attempt to hire any (terson already hired as aforesaid, knowing him to be so hired, before '^'ir engagement, the term of his engagement shall have expired, may, on complaint and legal proof thereof, made by such eni])loyer before one Justice of the Peace at a special session, be condemned to pay a fine not exceeding ten pounds currency, and, in default of payment, may lie imprisoned in the common jail of the said Inferior District of Qaspd for a term not exceeding one month. VI II. And he it furtiier enacted by t.he authority aforesaid, that every person so hired Wages or salary to assist in any fishing, shall, for the payment of his wages or salary, have a |>rivilege in constitute a privi- preference to every other creditor on the produce of the fishery belonging to the merchant, I'-'ged creditor, or other person who shall have so hired him, and that all proceedings had under or in execution of this clause shall he had before the Provincial Court of the Inferior District of Gaspe, or any other Court of competent juribdiction. IX. And he it further enacted by the authority aforesaid, that it shall be lawful for (Jrond Jury to the several grand juries for the said Inferior District of Uaspe at their General Sessions makes rules and of the IVacc, upon the recommendation and with the concurrence of the Justices of the regulations for the Peace attending the session, or a majority of them, to make, for the temporary and local •"'sberies. regulation of the fisheries in the said Inferior District, such further rules and regulations as tt) them shall appear most ex|)edient for the general welfare and advantage of the said fisheries, not lieing contrary to the intent and meaning of this Act. X. Provided always, nnd be it further enacted by the authority aforesaid, that no rule guch rules to be or regulation that may be so, as aforesaid, made, shall have force or effect until the same shall have been approved and sanctioned by the Provincial Court in )e, or of the Fourth Division of the Court of Citmiii and for the Inferior District of Gaspe, or of the Fourth Division of the Court of Ci>minlre>9. Olffiider msy be iinjirisiiiH'il tor noti- laviiicnt pf fine. XII. .\nd be it further enacted by the authority aforesaid, that six months after the passini; of this .Act no pickled mackerel, cod, or pickled or smoked hcrrinjf, shall be shipped for ex|OTrtalit)n. inir exported from the said Interior District to any phiec nut of the said province, lint in liarrel'* eontnining twenty-eight gallons each, or in h&lf-barrels containing fourteen gallons each, wine measure. XIII. And be it further enacted by the authority aforesaid, that the fines, penalties, and forfeitures by this Act imposed, that may be incurred in the said Inferior District of Oasp^, with regard to which no other provision is hereby made, exceeding in amount the sum of five pounds current money aforesaid, shall be recoverable by suit before the Provincial Court in and for the said Inferior District, or licforo the said Fourth Division of the Court of Common Pleas, or befow the Court, of General Sessions of the Peace in and for the said Inferior District, at the ensuing term of either of the said Courts which may lie held nearest to the place where the offence may have been committed, and not after- wards, or before any three Jiutices of the Peace for the said district. XIV. And lie it further enacted by the authority aforesaid, that such fines, penalties, and forfeitures imposed by this Act, or that may hereafter l>e imposed in virtue of and under the authority of the same, and that may be incurred in the said Inferior District of Gaspe, and with regard to which no other provision is hereby made, not exceeding five pounds, current money aforesaid, may be recoverable by suit in a summary manner l>efore at least two Justices of the Peace of the said Inferior District, at any time within three months nest after the commission of the offence, and not afterwards. XV. And lie it further enacted by the authority aforesaid, that the testimony on oath of two credible witnesses shall lie sufficient to convict any person offending against this Act^ and tliat the aforesaid Provincial Court, or the Fourth Division of the Court of Common Pleas aforesaid, and the Court of General Hessions of the Peace and Justices of the Peace, shall respet^tively have power tey such sul>|Kenas under the |iuins and |)enalties of the law in case of disobedience ; and the subpcenas which it shall he necessary to issue to com])el the attendance of witnesses may be in the form prescribed in the Appendix of this Act (Letter A). XVI. And be it further enacted by the authority aforesaid, that the fines, penalties,, and forfeitures by this Act imposed, or that may hereafter be imposed, in virtue of and under the authority of the same, and that may be incurred in the said Inferior District of Gas|M!, shall, ill cose of non-|)ayment, be levied by disiress and sale of the goods and effects of the offender, in virtue of a warrant in the form prescribed in the Appendix to this Act (Letter B), under the hand of the Provincial Judge for the said Inferior District, or of the presiding Judge of the Fourth Division of the Court of Common Pleas aforesaid, or of the Justices of the Peace, or of the Senior Justice of the Court of General Sessions of the Peace, before whom or which the coiivictiun may have taken place, directed to any constable or ]>cace officer, and the overplus of money raised, after deducting the penalty and costs, shall be returned to the offender. XVII. And be it further enacted by the authority nfortsitid, that in all cases not (itherwise provided for, if the oft'cnder convicted shall not have sufficient goods or effects whereon to levy the penalty and costs, he shall, if the penalty in which lie may have been oomkmncd exceed ten pounds carrency, be liable to be, and may be, committed to prison for a term not exceeding thirty dayi, and in caaes where the penalty iliall not exceed that ■urn, for a term not exceeding fifteen days. CANADA. XVIII. And be it farther enacted by the authority aforesaid, that the information or Fnrmi of pro. plaint, and the summons pursunnt to the same, which may at any time lie mode to and cocdiii^t. issued by any Justice or Justices of the I'cace against auv person offending against this Act, in the snid I nferior District of (iMi|i«, sliall lie in the uirm prcscrilied in the A|)|)cndix to this Act (Letters C ond 1)), and wlien the offence committed may \te alM)ve the juris- diction of two JuHtircs of tlio Peace, bh l>y this Act provided, and cognisable in the afore- said IVnvincial Court, Court of Common Picas, or Court of Ueueral Sestioii!) of tlic Peace, sucli summons sliall lie according to the course and pruotice of the said Courtu, respectively. XIX. And be it further enacted by the authority aforesiud, that between the service Intorvnl sllowed and return of every such summons as nforenaid, there slinll nt least lie three intermediate lii'tween wrvicesnil days fftr the rtriHt five Icn^ues, and one additional day fe ninile imme- imposed, it shall he lawful for any Justice or Justices of the Pence before whom' the plaint '•""•"'y retumsble. or infiiriniitioii may have been lodged to isNue n summons, returnable before him or them immediately after sers-ice thereof, or within such reasonable time as he shall, by the snid sumimms, appoint ; and, if on the return of such summons, or nt the time thereby appointed, the defendant shall not appear to answer thereto, the Justice or Justices of the Peace who may have issued such summons, on receiving satisfactory proof of the service thereof upon the defendant, shall proceed, in a summary manner, to receive evidence of and concerning the olTence alleged a^ninst the defendant ; and if such evidence be sufficient to warrant a conviction, such Justice or Justices of the Peace shall forthwith, after entry of the conviction on a register to be by him, or the senior of them, kept for the purpose, be authorized and empowered to enforce the same according to the provisions of this Act. XXI. Pnivided alwav!>, and be it further enacted by the authority aforesaid, that ProvincialJudge in in cases circumstanced as last abovementioned, exceeding the jurisdiction of two Justices ""''tain cases to try of the Peace, the Provincial Judge of the said Inferior District, or the Judge of the snid offencei. Fourth Division of the Court of Common Pleas, shall be authorised, and he is hereby required and emixiwered, to proceed, as last aliove-mentinned anti directed, to take cof^ni- zance of, hear, try, aiul determine, in a summary manner, such offences against this Act as are by the same made cognizable by him, and upon conviction, as aforesaid, the penalties liy this Act imposed to enforce and levy according to the provisions thereof. XXII. And be it further enacted bv the authority aforesaid, that every conviction Form of conviction, that mav take place in the said Inferior District of Gaspd, under and in virtue of this Act, sluitl be drawn up in the form prescribed in the Schedule to this Act (Letter E). XXIII. And lie it further enacted by the authority aforesaid, that for each and every Feeii payable for summons, including the information or plaint that may at any time issue in virtue of this mimnion!!, sub- Act, no greater sum than one shilling and six pence, current money, aforesaid, shall be pwnas, tkc. demanded, charged, or paid, and for each and every subpcenn that may issue to compel the .tttcndance of any necessary witness, no greater sum than one shilling, current money aforesaid, including the copy that may be served upon such witness, shall be demanded, charged, or paid ; and for each and ever)- conviction, including the entry of the same on the register as aforesaiil, no greater sum than one shilling and three pence, current money aforesaid, shall be dcraondcd, charged, or paid ; and for a warrant of distress, no greater sum than two shillings, current money aforesoid, shall be demanded, charged, or paid ; nor shall any Justice of the Peace, Clerk or Prothonotary of the said Provincial Court, Court of Common Pleas, or Court of General Sessions of the Peoce, claim, exact or receive, under any cause or pretext whatever, any greater recompense or fee, with respect to any such summons, subpoena or copy of subpoeim, conviction and entry thereof, as aforesaid, or warrant of distress, or for any service, or extra service in relation with the same, than is hereby above allowed and specially authorized. XXIV. And lie it further enacted by the authority aforesaid, that for the service Fees to officers of made by any constable or peace officer in and about any iirosecution, under or in virtue tlic Court. of this Act, no greater recompense or remuneration shall be allowed than is herein specified, that is to say ; for the service and certificate thereof of every summons, one shilling, current money aforesaid ; for the service and certificate thereof of every copy of n subiHEiia, six jience, current money aforesaid ; for levying nny penalty not exceeding five pounds, currency, pursuant U> a warrant of distress, two shillings and six pence, current money aforesaid ; and for any penalty exceeding five pounds, currency, a sum to D 10 CANADA. be specified in the warrant proportionate to the labour, time and trouble of such conitable — or peace officer, as the Justices of the Peace, or Provincial Judge or Judges of the Court of Common Pleas, may deem a suitable recompense, not exceeding in the whole seren shillings and six pence currency ; and these allowances shall be inclusive of mileage at the rate of one sliilhnK, currency, for each and every league which such constable or peace officer must, in the due execution of such warrant of distress, or of any other duty to be by him performed under this Act, necessarily and unavoidably travel trom his home or domicile (distances in returning from the place of service, seiaure or sale, not counted), and which mileage shall be in lieu of all travelling expenses. Limiutiori of pro- XXV. And be it further enacted by the authority aforesaid, that all fines, penalties, cess against ""^^ forfeitures incurred hy reason of anything done against this Act, shall be sued for olTendera. within six months next after the commission of the offence, and not afterwards. Duration of Act to XXVI. And be it further enacted by the authority aforesaid, that this Act shall be Ist May, 1844. ''nd remain in force until the first day of May, one thousand eight hundred and forty-four, and from thence until the end of the then ensuing session of the Legislature, and no longer. APPENDIX (A). Province of Canada, ) Victoria, by the Grace of God, of the United Kingdom of Inferior District of Gasp^. J Great Britain and Ireland, Queen, Defender of the Faith, &c. To Greeting ; Form of snbpcena. We command you and each ot you, that all excuses being laid aside, you and each of you be in your proper persons before A.B., Esquire, our Justice [or one of our Justices of the Peace] for the Inferior District of Gaspc, at on the day of instant [or next, lu the case may be"], by o'clock, in the forenoon of the >ame day, to testify all and singular, what you or any of you know concerning a certain cause or plaint, there to be tried and determined by and before our aforesaid Justice [or Justices] at the suit of against for an alleged disobedience to an Act of the Legislature of this Province passed in the year of our reign, intituled " An Act to regulate the Fisheries in the District of Gasp^," and this you nor any of you are in no wise to omit, under penalty upon each of you of currency. Witness our aforesaid Justice [or Justices] of the Peace, at this day of 18 . [Signature of the Justice or Justices of the Peace.] B. Province of Canada, 1 Victoria, by the Grace of God, of the United Kingdom of Inferior District of Gaspc. / Great Britain and Ireland, Queen, Defender of the Faith, &c. To and to all and every the constables and peace officers in and for the Inferior District of Gaspe, Greeting: Form of diitress) We command you that you cause forthwith, by distress and sale of the goods, warrant. chattels, and moveable effects of to he levied according to law the sum of with costs, being the penalty in which he the said hath been convicted before me [or us, or this Court] on the day of one thousand eight hundred and by reason of disobedience of a certain Act uf the Legislature of this Province passed in the year of our reign, intituled " An Act to regulate the Fisheries in the District of Gasp^," and which said penalty and costs remain unpaid. Witness F. G. [and H. J.], Esquire [or Esquires], one [or two] of our Justices of the Peace for the said Inferior District, at this day of one thousand eight hundred and and of our reign [Signature of the Justice or Justices of the Peace.] tl CANADA. Province of Canada, \ Inferior District of Gasp^. J The information and complaint of C. D., of the in the County and Form of inforroa- Inferior District of Gasp^, who, as well for our Sovereign Lady the Queen, as for himself tion of plaint. in this behalf, prosecutes, made before of Her Majesty's Justices of the Peace for the Inferior District of Gasp^ (wherein the offence hereniafter mentioned was committed), the day of in the year of our Lord one thousand eight hundred and who, as well for our Sovereign Lady the Queen as for himself, giveth the said Justice [or Justices] to understand and be informed : That at on the day in the year [_Here stale the particular act which constitutes the offence complained qf', and the day upon which the same was committed, in order that the defendant may be fully and precisely acquainted qf the charge against him, as to time, place, and circumstances'}, against the form of the statute in such case made and provided, whereby and by force of the said statute the said A. B. hath incurred a penalty of lifthe offender be liable to be imprisoned, state it so']- Wherefore the said C. D., as well for our said Lady the Queen as for himself, prayeth the adjudication of the said Justices in the premises, and the said A. B. may be adjudged to forfeit the said penalty £and to be imprisoned, i;c., if the offender be liable to imprison^ ment] ; and that he, the said C. D., may have one-half of the said forfeiture, according to the form of the statute aforesaid ; and the said A. B. may be summoned to make his defence hereto before the said Justice or Justices, with costs. Dated at eight hundred and forty this day of one thousand D. le constables Province of Canada, ) Inferior District of Gaspe. / To A. B., of in the Inferior District of Gasp^. F. G. [and H. J., if two be required] one [or two] of Her Majesty's Justices of the p^^^j^ ^f ^ Peace in and for the said Inferior District of Gaspd, hereby gives you notice that C. D., of in the said Inferior District of Gasp^, hath exhibited an information against you for a penalty of which hath been incurred by you for having heretofore, to wit : [_Here state the offence as to time, place, and circumstances, as mentioned in the preceding form of the information} against the form of the statute in such case made and provided. You are hereby required personally to be and appear before at the house of on the day of one thousand eight hundred and at of the clock of the forenoon, to answer and make defence to the said information so exhibited against you, but if you neglect so to do, shall proceed as if you were personally present. Given under of Gasp^, on the eight hundred and Dated at hundred and forty hand day of thia at in the said Inferior District in the year of our Lord one thousand day of one thousand eight [Signature of the Justice or Justices.] 12 CANADA. Fonn of ronvicticin. :.} E. Province of CanadB, Inferior District of Gasp^. Be it remembered that on tliis day of in the year of our Lord, one thousand eight hundred and A.B. is convicted before me [or us] one [or two] of Her Majesty's Justices of the Peace for the Inferior District of (jasjje [or l)efore this Court, as the cute may he] for {here set forth the offence] and I do [or we do, or this Court doth] accordingly adjudge liim, in virtue of an Act passed l)y tiie Legislature of this Province in the year of Her Majesty's reign, intituled "An Act to regulate the Fisheries in the District of^ (lasj)e," to pay and forfeit by reason of the offence aforesaid, whereof he, the said A.B., stands convicted, the sum of [«»c niado on St. Francis, trout to be except in a wav. s not to the , nor taken certain 7 Vict., cap. XIII. An Ac» for the l)etter Preservation of certain species of Fish in the Rivers and Waters of tlic Counties therein mentioned. [December 9, 1843.] Whereas a petition from the inhabitants of the county of Stanstead, praying that legislative provision be made for preserxing the fish called ♦' lunge" or " maskinonge " iti Lake Memphramagog, and other lakes, nnd in the rivers of the eastern townships of this Province, has been presented to the Legislature, and it is expedient to grant the prayer of the petitioners, and to make legislative provision for the purpose aforesaid, and also for the pre!«ervation of salmon, and salmon-trout, during the season when they run up the rivers and streams in the said townships, and other places herein mentioned, to the ])laces where they deposit their spawn : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with tlie advice and consent of the Legislative Council nnd of the Legis- lative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled " An Act to reunite the Provinces of Upper and Lower Canada, and for the government of Cant.da," and it is hereby enacted by the authority of the same, that hereafter it shall not be lawful for any person or persons to take any fish called " liiiige," or •' maskinonge," or " s ilmon trout"' in Lake Memphramagog, or in any other of the bkes, rivers, or streams in any of the counties of Stanstead, Sherbrooke, Shefford, Missisquoi, and Drummond,nor within t!ic counties of Essex and Kent, between the first day of the month of August, and the ♦irsi day of the month of Uccemlier in every year, by means of spears or seines, or n any otaer way than by a single hook. H. And whereas it is p.^per that the River St. Francis and its tributary rivers and streams should at all .-.casons remain open .tihI iiiuMiimnibiTed by fish pounds, so that salmon maybe left '".Mnoiested at and in ascending to their spawning places, and also that the trout and other small fish when they run into the small streams atid inlets for shade during the extreme heat of the summer, should not be taken with nets and l)askets, or otiicrw ise than by a single hook : He it therefore ciiaetcil, that it shall not hereafter be lawful for any person or persons to build any fish pounds in the River St. Francis, or in any of its tributary rivers or streams, so as in any way to obstruct the main channels by means thereof, within any of the said counties, for the purpose of taking salmon, or to take anv trout or other small fish, when they run into the small streams, brooks or inlets, within any of the .said counties for shade iluritig the suiiiiner months, with nets or baskets, or in any other way than by a single hook. IVn:ilty for i'lif iiaainst Act. I'riiViso. olTenil- ""• ^^"'' ''*' '•• enacted, that any pors )n oftendinif against the provisions of this Act* (i,;, shall, on conviction thereof before one or more of I ler Majesty's . I ustiees of the Peace, in.-nr a ))eiialty not exceeding two pounds enrrt iicy, to l)e fixed by such Justice or Justices in his or tiieir discretion, accordini; to the ein'nmstanccs of the !';(se, which ])eiuiltv, if not paid witiiin eight days by the party cimvictcd, shall l)e levied by distress and sale of the goods and chattels of such party under the warrant of such Justice or Justices of the Peace, to he issued after the expiration of the said eight days, and one moiety of such penalty shall belong fx) Her Majesty for the jiublic uses of the Province, and the other moiety to the prosecutor: Provided alw:>ys. tliat if the parlv or |iarties so convicted shall fail to |)ay such penalty and covts, and no goods and chattels can be found belon"ing to the said party or parties whereof to levy the same, then mnl in such case the suid party or 13 parties ihall be by the said Justice or Justices committed to the common gaol of the district, for a period not in any case exceeding eight days, unless the snid penalty and costs ))e sooner paid. CANADA. H 'icr., Cap. XLVII. Act the several laws now in force for the Preservation F'rovinre formerly Uppi-r Canada, and for other purposes 8 Vict., c. 47. .\n Act to repeal and reduce iiiK- of Salmon in that part of t'>. therein mentioned. [March 29, 1845.] Whereas it is expedient to repeal and reduce into one the several Acts now in force in Preamble. Upper Canada for the jireservation of salmon within that part of the province, and to make furtlier re>;ulations as to fishing in the rivers and creeks therein ; Be it therefore enacted hy the Queen's Most Excellent Majesty, by and with the advice and consent of tiie Les^islativu Council and of the Legislative Assembly of the Province of Canada, consti- tuted and Bssenil)leil by virtue of and under the authority of an Act ])!issed in the Parlia- ment of tlic United Kin^dotn of Great Britain and Irehuid, and intit:uted " An Act to " re-unite ihe Provinces of Upper and Lower Canada, and for the government of Canada;" and it is iierchy enacted l>y the authority of the same, tliat the .\ct of tlie Parliament of the Province of U])per C!aiiada passed in the second year of the reign of His late Majesty Kins (Teorge the Fourth, intitule:! "An Act to repeal the laws now in force relative to " the I'reseivation of the Salmon, and to make further provisions respectinj^ the Fisheries " in certain parts of tliis Pnivince, and also to prevent accidents by fire from persons fishing " l)y toreii or fire-light ;" and an Act of tlic sa'd Parliament passed in the fourth year of the same rcii^n, intituled " An Act to repeal ])art of and to a'ncnd and extend the provisions of '' an Act passed in the second year of the reign of His present Majesty, intituled ' An " ' Act to repeal the laws now in force relative to the Preservation of Salmon, and to " ' make further provisions respecting the Fisheries in certain parts of this Province, and " ' also to prevent accidents by fire from persons fishing by torch or fire-light,' " shall be aiul the same are herei>y repealed. Act of Upper CaiiMda, 2 Geo. IV, c. 10. Act of Upper Canada, 4 Geo. IV, C.20. The said Acts repealed. il. Aiul be it enacted, that from and after the passing of this Act, it shall not be Salmon not to be lawful for any person or persons at any time between the tenth day of September in any killed between lOtli year, and the first day of March in the succeeding year, to take, catch, or kill any salmon September and or salmon fry, in any manner whatsoever. 1*' March of the next vear. HI. And be it enacted, that it shall not be lawful for any person or persons at any time to take, catch, or kill in any manner, in any district in Upper Canada, any salmon or salmon-fry nearer the mouth of any of the rivers or creeks emptying into Lake Ontario or the Bay of Quints, than two hundred yards, ^r within two hundred yards up from the moutji of any such river or creek as aforesaid : Provided always, that nothing herein contained shall i)e construed to prevent tlu' taking of salmon with a seine or net at any place along the shores of Luke Ontario between the first day of February and the first day of August. Salmon not to be killed within a cer- tain distance of the mouths of rivers in Lake Ontario or the Bay of Qiiinte. Exception. cate IV. AikI be it enacted, that it shall not be lawful for any person or persons to take, 11, or kill, or to attempt to take, catch, or kill, any fish whatsoever, in any river or creek within Upper Canada, by torch or fire-light, within one hundred yards of any mill which may now or hereafter be erected on any such river or creek as aforesaid. V. And be it enacted, that from and after the passing of this Act it shall not be lawful for any jierson or persons to buy, receive, or have in his or their possession, under any preteiu-e whatever, any salmon taken or caught during the period in which persons are liereby jiroliibited from taking or attempting to take or catch salmon within Upper Canada; and the proof that any salnum was m)t so taken or caught shall lie on the person or persons in whose possession any such salmon shall be found. VI. .\iul be it enacted, that if any jierson or ])ersons shall be convicted of anv oflViicc against this Act, before ony one or more of Her Majesty's Justices of the Peace within the district in wliicli the offence shall have been committed, >ipun the oath of one or more credible witness or witnesses, such person or persons shall upon conviction as aforesaid, forfeit and pay a sum not exceeding ten pounds, nor less tlian five shillings, for the first offence, in the discretion of the Justice or Justii-cs before whom such conviction shall he had, with all reasonable costs liotli iieforc and after e„|,, l- ii,. or held in any wise to alter, prejudice, or affect the rights of Her Majesty, her heirs or Mnjesiv' ice not successors, or of any body corporate or politic, person or persons whomsoever, other than 'iffocted.' those to whom this .Vet may relate. IV. And be it enacted, that this Act shall be in force until the first day of May, one Duration of this thousand eight hundred and fifty-six, and no longer. " ' Act. Proviso. Proviso. Proviso. 16 CANADA. 18 VioT., Cap. CXIV. 18 Vict. c. 1 14. -^^ ^^ ^'"' ^^^ protectioh of FiiherieB in Lower Canada. * [Assented to May M, 1855.] Preunbl W)>ereas it is expedient to provide against the destruction of salmon, nmskinong^, and trout fisheries in Lower Canada, which would result from a continuance of the present practices of killing and taking those fish during the spawning season, and with stake or barrier nets, and by the aid of artificial lights at night ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assem- bled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of (ireat Britain and Ireland, and intituled " An Act to reunite the Provinces of " Upper and Lower Canada, and fi)r the government of Canada," and it is hereby enacted by the authority of the same, as follows : CiTiuiii fish to 111' I. it shall not be lawful to take or kill any salmon, maskinong^, or trout, or to buy, killed only at cir- sell, or possess anv salmon, maskinonge, or trout taken or killed in any river, lake, or tain times in Lower stream ii! Lower Canada, between the first day of October in any year, and the- first day of Cnnnda. February following. Thoy sliall not lie taken in certain way?. I'loviso : ill fiivoiir lit' iinipiii'tors of ti^licrio. n. It shall not be lawful at any time to take or kill salmon, maskinong^, or trout in any river, lake, or strenm in Lower Canada, by means of stake nets or barrier nets, or any other .self-acting machine, nor by the aid of torch-light or any other artificial light : Provided always, that ernicious practice of fishing with seines or other nets ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, consti- tuted and assembled by virtue of and under the authority of an Act passed in the Parliament of of the United Kingdom of Great Britain and Ireland, and intituled " .\n Act " to reunite the Provinces of Upper and Lower Canada, and for the government of " Canada," and it is hereby enacted by the authorit y of the same, ns follows : I. After the passing of this Act no person shall, at any season of the year, take or attempt to take any trout in any of the lakes or waters in the comity of Saguenay, with any seine-net, gill-net, or other kind of net whatever, or stretch, place, or use auch'net in any of the lakes or waters in the said county, or catch or attempt to catch any trout therein by other means than by hook and line, or with a spear : Provided always, that the words " waters in the said county," shall not apply to the waters of the River St. Lawrence. II. Each and every person offending against the provisions of this Act shall, for the first offence, incur a penalty of not less than twenty shillings, and not more than five pounds, and for a second or any subsequent offence a penalty of not less than thirty shil- lings, nor more than ten pounds, in the discretion of the magistrate before whom he shall be convicted ; and such penalty shall be recoverable with costs on complaint before anv one Justice of the Peace, on the oath of any one credible witness other than the informer or prosecutor, or on the oath of such informer or prosecutor, if he shall renounce all share of the penalty, and shall, if not forthwith jiaid, be levied by distress and sale of the goods and chattels of the offender on the warrant of such Justice, or if the offender have no known goods and chattels whereon the penalty can be levied, then, if tlie penalty l»e not forthwith jiaid, he may be committed to tlie common gaol of the district, for a time not less than eight days nor exceeding fifteen days, unless the penalty and costs be sooner paid ; and one moiety of such penalty shall belong to the Crown for the public uses of this province, and the othi'r moiety to the informer or prosecutor, unless he shall have renounced his right to such moiety, in which case the whole of such penalty shall belong to the Crown for the uses aforesaid. 17 Extnu^ from the Lower Cuixlft Municipal and Road Act of 1855, 18 Viot, cap. 100, aec. xix, 7- XIX. Every County Council shall also have power and authority to make, and from time to time amend or repeal, a bye-law or hye-laws for all or any of the following purpoMS, that is to say : 7. For regulating fisheries carried on either upon the sua-shore or upon any waters adjacent to or passing through the county. CANADA. The (joTemment are not aware that any Municipal Council ban as yet pasBed any regulations on the subject of Fisheries. NEW BRUNSWICK. '^(1 NKW BRUNSWICK. NEW BRUNSWICK. No. 9. No. 2. Copy of a DESPATCH from Lieutenant-Governor the Hon. H. Mannbrb Sutton to Secretary Sir G. Grby. Government Houhc, Fredericton, New Bnmswiok, (No. 32.) November 16, 1855. Sir, (Recvivod Dvcembpr 3. 185.5.) 1 . IN accordance with the instructions contained in the despatch marked in the nmrpin,* I have the honour to forward to you a collection, duly authen- ticated by the .sipfnature of the Attorney-General of the Province, of the Laws and Regulations for the Government of the Fisheries in this part of Her Majesty's Dominions. 2. The Regulations issued by tho Corporation of the City of St. John for the Oovemmcnt of the Fisheries in the Harbour of St. John, are included in this collection. But these fisheries cannot be placed in the same category as the fisheries in the other harbours of the province, for the Charter of the City of St. John vests in the freemen and inhabitants of the city the sole right and title to the fisheries in the Harbour of St. John. 3. You will observe, Sir, that the power which is (by the provisions of cap. 64, title 8, of the Revised Statutes) vested in the justices in sessions to make regulations for the government of the fisheries in the rivers and harbours of their respective counties, is a power subject to no control on the part of the Executive Government of the j)rovince. Tlie law does not require the iissent of the Government to these regulations, nor is it even legally necessary that copit-s of the regulations, when adopted by the justices in sessions, should be forwarded to the Government. 4. It apjKjars to me that, under any circumstances, the regulations which, although of a local character, govern public fisheries, should be preliminarily submitted lor the consideration and approval of the Provincial Government ; and the recent admission of the citizens of the United States to a participation in the right of fishing within the harbours of this province (the fisheries in which are govenud by these regulations), renders it in my o|)ii)ion highly desirable that the defect in the law to which I now refer, should be speedily remedied. I have called the attention of my Council to this subject, and I trust that the next session of the Provincial Assembly will not pass without legal provision being made for the preliminary sul)missi(m to the Government of any local regulations affecting the public fisheries in the province. 1 have, in accordance with the instructions which 1 have received from the Secretary of State, forwarded to each of the Governors of British North America, a collection, duly authenticated, of the laws and regulations which govern the fisheries in this province. 1 have, &c. (Signed) J. H. T. MANNERS SU'lTON. The Right Hon. Sir G. Grey, &c. &c. &c. Hi 1855, * Hitflit Honourable Sir W. Mulenworlh to the Honourable J. H. T. Manners Sutton, Aueutt 3, 5, No. 5. ' 21 Enclosure in No. 3. I certify the annexed copies of Laws and ncgulotions relating to the fltheries to be complete and authentic copies of the I^ws and Regulations relating to the fisheries now in force in the IVovince of New Brunswick. Fredericton, October '.Tt, IHSA. Charlbh Fishph. NEW BUUNSWICK. Kncl. in No. 'J. Lbuislation op New Bkhnswick on the subject of Fisheuiks. The several Courts of (icnernl Sessions of the Peace in this Province arc empowered to ordain rules and rcguiutioiiH for the fislieries of their respective counties, by the Act of l.'i Vict., cap. .10, intituleil "An Act to consolidate and amend the Laws relating to the " L(Mml (loverniiiciit of ('ounties, Town.s, and Parishes in its province." This Act repeals all former Acts concerning fisheries, and confers upon the several Courts of (iencral Sessions of the Peace " full power and authority from time to time to make, revise, ultcr, amend, luid enforce all rules such ns may be by them deemed necessary and ])r«p('r for the followini; purposes, namely:" inter alia, "for the regulation of the fisheries, and of seines, nets, and hsh wears, within the rivers and harbours." Article II of this Act provides tliiit " no such rules shall be of any force or eflTect which arc repugnant to the provisions of any .Vet of the Legislature relating to the subject-matter thereof ;" and Article III Hutliorises the ordainment of " forfeitures, and imposition of lines and penalties to the amount of ten pounds." This Act has l>een repealed by Cap. 103 of the Revised Statutes, the lOtli section of which nevertheless providing that " all rules and regulations made under any Act before the repeal thereof, shall continue valid until altered or annulled." The lules and regulations furnished liy the Clerks of the Peace, and hereto annexed, appear to have been made under the authority of the 13th Vict., cap. 30. The regulations for the harbour fisheries of the City of St. John are made under the authority of the Royal ('barter of that city, dated May IH. 17^5, which directs that "the fisheries lietween high and low- water mark, along the cast side of the said bay, river, and harbour, shall be, and for ever remain to and for the sole use, profit, and advantage of the freemen and inhabitants of the said city, on the east side of the said harbour, and that they, the freemen and iidiabitants of the said city, on the east side of the suid harbour, shall and may, by virtue hereof, have and enjoy the sole fishing, hauling the seine, erecting wears, and taking fish between the said high and low-water mark, on the said east side, to the total exclusion of nil and every the freemen niiil inhnhitants of the west side of the snid harbour, and all others, under any pretence whatsoever;'' and that the fisheries between high and low- water mark on the west side of the said bay, river, and harbour (except those on and surrounding Navy Island, which shall be and remain to all the inhabitants of the said city in common), shall be and remain for ever, to and for the sole use, profit, and advantage of the freemen and inhabitants of the west side of the said bay, harbour, and river, and they the freemen and inhabitants of the said city on the west side of the said harbour, shall anil may, by virtue hereof, have and enjoy the sole fishing, hauling the seine, erecting wears, and taking the tish between the said high and low-water mark on the said west side, to the total exclusion of all and every the freemen and inhabitants of the east side, and all others, under any pretence. Rp.visED Statutes. Cap. 101. Of thk Sea and River Fisheries. I. The (lovernor in Council may appoint two wardens of the fisheries in any county, who shall wHteli over and protect the fislieries ; enforce the provisions of this chapter, the rules of the .Fustices in session or municipal authoiities, and the regulations of the Governor in Council in relation to such fisheries ; and they shall be subject to the direc- tions of, and liable to the penalties imposed by, the Governor in Council in the regulations for misconduct or neglect of duty. II. F.ach warden, in addition to the proportion of any penalty received under this Chapter, shall receive from the I'rovincial Government forty pounds per year for his services ; the same shall not be drawn until it be certified to the Gonernor in Council that the county for which he may have been appointed has provided a similar sum for that purpose. III. The Justices in session, or at any special session if called for that purpose, for any county to which any warden may have been appointed, may assess the inhabitants of the said county for the sum of forty pounds for each warden, which shall l)e assessed, collected, and paid as other rates. IV. Nothing in this Chapter shall prevent the warden from being a competent witness for the recovery of any penalty therein mentioned. G 22 NEW V. The OoTernnr in Council in«y nmnt IfMci or licrn*e« for occupation, for ■ term HHI'NHWU'K. not exoeedinK five yean, for iiihin|;>at«tiotiii nn ungranted iihorei, ))eachea,or iiUiuiw, which (hall terminate when iiuch lUtionii reawrd to be used for iuch pur|)0U ; no tUtion tliall iKWuny the whole of n locality when there may l»e iipnrc for more than one : when applica- tion II made for iiny auch itation, the lease or license therefor shall be s(dd at public nuction, after thirty «lays* notiee, the upset price l)einK detcrminetl by the Governor in (Council, but the rights of parties in lands and privileges shall nut be affected thereby. VI. The (iovernor in Council may make ref(ulatii)ns for the mana|(emeht and protec- tion of the Aiiherieositions, in the nevcrnl HcluKilhouses and other most public places in the iwrish where the said " gurry grounds" arc marked out, publishing the like notiee in the "Royal (Jniette;" and no person, af^er such |M>sting and pul)lication, xlmll cast overlMmrd from any boat or vessel the oflal of fish into the waters at or near the said imrish, at any pUce except the said " gurry grounds." VIII. In every dam built, or whirh may l)e built, across any stream or river, except where fish may not resort, a pro|H!r and suitable tish-way shall l>e made and kept, the wardens havini; jtirisdietion determining the exception. IX. No slabs, edgings, or other mill rubbish, sawdust excepted, shall be allowed, or put in any stream or river. X. No salmon shall be taken on the coast, or in any of the bays, rivers, or harbours, or in any fresh-water stream or river, after the thirty-first day of August, in any year, nor between sunset on any Saturday night and sunrise on the following Monday morning, nor in any place nt any time by s|H>nring, between the thirty-first day of August in any year and the first day of April ensuing, nor shall any person sell, or offer for sale, or purchase, between the said last-mentioned days, any salmon taken by spearing. XI. Angling for salmon shall )>c permitted until the fifteenth day of September in each year. XII. Within tiie parishes of (irand Manon, West Isles, C'nmpo Hello, Pennficld, and Saint George, in the county of Charlotte, no seine or net shall lie set across the mouth of any haven, river, creek, or harbour, nor in such place exteniling more tiian one-third the distance across the same, or be within forty fathoms of each other, nor shall they be set within t'venty fathoms of the shore at low-water mark. XIII. Every fish-weir in the parishes named in the ])reecding section, dry at low- water mark, or which, in the opinion of the wardens, requires a gate, shall have a gate therein, of such width and in such position as tliey may (letermine. XIV. Tlie wardens and overseers of the fisiieries in the parishes named in Section XII, shall severally seize and remove any net or obstruction wimtcvcr, set or placed contrary to the provisions of this choptcr, und after five «lays' notice may sell the sjunc, to;;ctlier with any tish found therein, in some jjublie place, in the parish where the seizure is made; after deducting from the proceeds the dmr^es of seizure and sale, the residue shall be applied to the payment of any penalty incurred under this chapter, and any overplus to the overseers of the poor where the offence was committed. XV. No herrings shall be taken between the fifteenth doy of July and the fifteenth day of October in any year, on the sp;i«iiinf,'-Kroun(l iit tiie southern liead of Grand Manon, to commence at the eastern part of Seal Cove, at a place called Itcd I'oint, .thence extending westerly along the coa.tt and around the southern head of Bnulford's Cove, alxuit five miles, and extending one mile fnjiii the shore : all nets or engines used ft)r catching herring on the said grouiul within that period, shall he seized and forfeit^-d, and every person engaged in u^ing the same shall be guilty of a misdemeanour, and punished accordingly. XVI. Any owner or occupier of any fish weir violating the provisions of Section XIII of this chapter shall forfeit five pounds for each day's neglect, after due notice. XVII. Any person guilty of a breach of the provisions of Section VII of this chapter, shall pay a fine fur each offence not exceeding live pounds, nor less than ten shillings. XVIII. The penalties in Section XVII, when recovered, shall he paid to the prosecutor. XIX. Any penon guilty of • brekcli of the proviwoni of Section XII, ihali, for the nKW fiint offence, foririt five poumli ; for the second, fen poundt; nnd for nny •uhMqiieiit nKCNHWUK. offence Afteen |)oundi ; one-half to be |Mid to the proweutor, tlie other to the uverieerti — — of the poor, for the u^e of the poor where the officrice wm committed. XX. Any i»er»on (luilty of a breach of Buy of tl ^ [iroviiioiis of Hectiont VIM and IX, dhall, for each offence, pay ■ fine not exceeding tifteen |X)undii, nor 1cm than ten iihillingi. XXI. Any jwmon guilty of a breach of any of the pr(M )»ion« ot Sectton X, »hall, for each offence, forfeit the sum of ten shillingR. XXII. All finei and |)cnaltiea under thin chapter, not otherwiM di»p(»»P* of, when recovered ihall Iw iwid into the county treasury, and apprupriatod one-half to the warden who may have prowcuted the tame, the other half to the use of the said county. The sixty-fourth chapter of the Revised Statutes, intituled " For Rules and Re(?u- lations," continues to the several Courts of Ociicrnl Sessions of the Peace the samu powers which were vested in tliem by the I.Uh Vict., cap. .10. " Section I. The Sessions, in addition to the |)owers otherwise conferred upon them, may make regulations for the following purposes, namely, inter alia, — " XI. For the regulation of the fisheries, and of seines, nets, and fish weirs within rivers and harbours." CITY Of ST. JOHN. City Ordinanck. A Law relating to the Fisheries of the City of St. John. I. Be it ordoincd, by the Mayor, Aldermen, and Commonalty of the City of St. John, in Common Council convened, that the fourth, tenth, and eleventh sections of a Law intituled " A Law to regulate the Fisheries witliin the limits of the City of St. John," and also a Ijaw intituled '* A I^w to amend n Law to regulate the Fisheries within the limits of the City of St. John," be, and the same arc hereby repealed : Provided that all proceedings had and commenced under the provisions of any of the said sections shall be continued under this Law. II. And be it ordained, that there shall be from time to time ap|)ointed by the Common (\)uncil of the said city two or more fit persons, not employed ns fishermen, to \te Directors of the Fisheries for the eost side of the harbour, and two or more fit persons, not employed os fishermen, to be Directors of the Fisheries for the west side of the harbour of the said eitv, wiiich Directors shall be sworn to the faithful discharge of their duty, and to act until others arc appointed in tiieir stead ; and that in the event of any vacancy Imppenini; from time to time niuotii; the Directors by death, resignation, or otherwise, it shall be lawful for the said Coniiiion Council, if they sec fit, to appoint a fit jterson to fill any such vacancy, jirovidcd tiuit the Directors heretofore appointed shall act imder this Law until others arc appointed. III. And be it ordained, that the ehoiee of places for setting nets for the catching of fish on and surrounding Navy Island .shall be determined by lot annually, in the manner heretofore accustomed, ttnouiids; and in case any such net or weir shall remain so set or erected for two days subseipicnt to the dav on which the s >tii'> hiiall be set or erected, the sum of ten pounds ; and for each and every such Mibsequeiit day more than two days, the further sum of hvc pounds for every such lot on or over which any such net or weir shall remain so set or erected. \. And be it ordained, that all the tines, penalties, and forfeitures imposed in and by tills Law shall and may be sued for, prosecuted, uiirl recovered by and in the name of the Clianiberhiin of the said city for the time being, upon foii\ iclioii of the ofl'ender before the Mayor or Hecoriler, or I'olire Magistrate, or any one of the .Mdermen of the said city, up.in the oath of one or more credible witness or witnesses, the confession of the party oiieiulmg, or tlie view .if the said Mayor or Kecoriler or Aldernian heCore whom such con- viction shall he had, or by action of debt in any Court of i-omiietent jurisdiction to be prosecuted, or in any other lawful iiiethoil, to be obtained in the inaiiner and for the uses directed in and by the charter of the saiil city, ami shall and mav be !. -ied by distress and sale of the goods and chattels of such ofl'enilei', by warrant under tlie hand and seal of the said Mayor or Keeonler or Alderin.:', as aforesaid ; ami in ease sutiicicnt goods cannot be found whereon to levy, the said otfenilcr shad be committed to the coininon gaol of the city and county of ."St. .lohii, there to be iiniinsoned for the sjiace of ten days when the fine shall he forty shillings, or twenty days when the tine shall 'le live poumis', or fortv days when the tine or sum shall be ten pounds. 25 ourtney slmll be In witness whereof the said Mayor, Aldermen, and Commonalty of the City of St. John have caused the common seal of the said city, under the hand of the Mayor, to be affixed, this second day of January, in the year of our Lord one thousand eight hundred and fifty-five. (Signed) J as, Olive, Mayor. By order of the Common Council. (Signed) Jas. K. Rued, Deputy Common Clerk. NEW BRUNSWICK. COUNTY OF ST. JOHN. At a Court of General Sessions of the Peace of our Lady the Queen, held at the Court Mouse in and for tiie city and county of St. John, on Saturday, the first day of April, in the year of our I^ord one thousand eight Imndred niul fifty-four ; ordered that the foilotving rules and regulations he made and established in pursuance of the authority vested in tlie (ieneral Sessions by the Act of Assembly \-i Viet., cap. 30. Hides for the Regulation of the Fisheries, and of Seines, Nets, and Fish-Weirs within tiie Rivers and Harbours of the County of St. John. I. If any person or {.ersons shall hereafter erect or set up any hedge, weir, tish-gortli, or other mcumbranec, or place any seine or seines, net or nets, across any river, cove, eieek, or harbour within this county in such manner as to olistruct, injure, or hurt the natural course of the fish in any river or place where they usually go, sucli person or persons shall, upon due conviction thereof upon the oath of one or more credible witness or witnesses before any Justice of the Peace for this city and county, forfeit and pay for each and every offence a sum not exceeding ten pounds ; such fine to be levied by warrant of distress and sale of the offender's goods and chattels, and in default of sufficient distress, that he or they may be conuiiitted to tlie eoinnioii jail for any period not exceeding four calendar months, or until such fine as may be imposed upon him or them be sooner paid. II. No net shall be set longer than twenty fathoms in the main River St. John or in the Kennebcccasis, or extend more than twenty fatiioins into the said rivers, or more than one-fourth part of the width of the water between tlic shores on the sides of the said rivers, DP am' islands or saiid-b.irs in tiie said rivers; and in anv branches of the said rivers, not more than onc-fourtii of the width of the branch where such net shall be so set, and that no drag-net nor seine shall be used in cither of those rivers, or in the branches tliereof, more than one-fourth of the width of such river or branch, under a pciiiilty not exceeding ten pounds, such penalty to be recovered as in the preceding section. III. No net shall at any time be set or remain in the water, nor any seine be drawn, nor any salmon speared, in any part of the county of St. John, between the time of sunset on Saturday and sunrise on NIonday, and no nets shall be placed within fifty feet of each otlicr, measured upon a straight line running parallel, or as near as may be, with the adjacent shore, under a penalty not exceeding ten pounds, such penalty to be recovered as in the preceding sections. IV. Any person or persons who shall wilfully, or maliciously, or through gross negli- gence, damage any boats, lu'ts, seines, or apparatus of any kind belonging to any person or persons lawfullv einidoyed in taking tisli, such ])crson or persons shall, after due conviction tliereof upon the oath of one or more credible witness or witnesses l)efore any Justice of the Peace for this city and county, forfeit and pay a sum not exceeding twenty pounds, such pciialtv to be recovered as in the preceding sections. V. All fishing berths and stations in the county of St. John shall be sold yearly at public auction, the proci'cds thircof to go towards the paynu nt of the overseers or wardens of the ditVerent parishes, and all tines to be ])aid, one half to the overseers or wardens, and the remainder, together with all nu)neys arising from sales under seizures as above specified, be apjilied for the protection of the fisheries in this county : any surplus nunicy to be ])aid into the lif.nds of the ('(unitv Treasurer for such uses and jiiirposes as the Sessions may think fit. VI. Two or more overseers or wardens shall be appointed annually by the Sessions for I'ach parish, whose duty it shall be to sec these regulations properly carried out, and shall have full power and anthoritv to sci/.e and sell or destroy any apparatus or fish-nets used, or about to be used, in catching or taking fish in this county, and shall be considered conipctLiit witnesses in any proseculion under these regulations. Hy order of the Ueiieral Sessions. (Signed) Jamks U. Ritri., De])uty Clerk of the Peace. n NEW BRUNSWICK. 26 ; COUNTY OF WESTMORLAND. Rkqulations roR Nbti. Westmorland General Seuioni, December Term, 1854. Ordered, that no person be permitted to set a net on any of the flats bare at low water within the county to a greater extent in any one place than one hundred fathoms in length, nor shall any person put down any net on any of the said flats adjoining any net previously set by any other person nearer than fifty rods to the net so previously set Any person offienaing against either of the above regulations sheU be subject to a penalty of not less than forty shillings, nor more than five pounds. From the Records : (Signed) E. B. Chandler, Clerk of the Sessions, Co. Westmorland. COUNTY OF RENT. Kent General Sessions of the Peace, January Term, 1851. RuLis and REOUiiATiONS made under 13 Vict, cap. 30, respecting Fisheries in the County of Kent. I. No net or seine to be set between the blocks of any bridge over any of the rivers or streams in this county, to impede the passage of the fish through the same, up or down the stream, under the penalty of five pounds. II. No net or seine to be set more than two-thirds across the channel of any river or stream in the county, under a penalty of five pounds. III. No net or seine shall be set or remain in the water between the time of sunset on Saturday night, and sunrise on Monday morning. Any net or seine that may be found set contrary to these regulations, to be seized by the overseer of the fisheries, and the net or seine, together with any fish found therein, fisheries. B(i by I n, to be forfeited and sold by the overseer of the If any overseer of the fisheries neglect his duty, he shall forfeit therefor the sum of twenty shillings ; and it shall be lawful for any sherifl" or constable, upon being called upon oy any person, to act and have the same powers as the overseer of the fisheries. One moiety of all penalties recovered under these regulations shall go to the overseer of the fishenes, the other moiety to be paid to the overseer of the poor of the parish. Extract from the Minutes : (Signed) J. \V. Weldon, Clerk of Sessions. COUNTY OF GLOUCESTER. m Fisheries. At a Court of General Sessions of the Peace of Our Lady the Queen, held at the Court House in Bathurst, in and for the county of Giouci'ster, on Tuesday the fourth day of January, in the sixteenth year of the reign of Our Sovereign Lady Queen Victoria, and in the year of Our Lord oue tliou.saiid eight hundred and fifty-three — Ordered, that the following rules and regulations he. made and established, in pursuance of the authority vested in the Sessions by the Act of Assembly, I.J Vict., cap. 30, for the regulation of the fisheries, and of nets, seines, and fisheries within the rivers and harbours of said county : — I. Ordered that the salmon fishery with nets shall terminate on the thirty-first day of .Vugust in each year, and that no net be allowed to be set after that day under the penalty of five pounds per day for each day such net shall remain set contrary to this regulation. II. Ordered, that no net shall he set or used for the catvc, or destroy, such weir or weirs, trap or traps. XVII. Ordered, that no person or persons shall, under any pretence whatever, sweep or drift for fish with any net whatever, in any river in the said county of Gloucester, under the jjcnalty of five pounds for each and every offence. XVIII. Ordered, that if any net, seine, weir, or drift-net, shall be found set, or in the act of being used, contrary to these Regulations, or ony of them, it shall and may be lawful for any overseer of the fisheries, and tliey and each of them are hereby required forthwith to seize, take, and carry away the same, uiul deposit them in a place of safety, and if no owner shall appear and claim tiic same within six days after such seizure, such nets, seines, weirs, or drift-nets shall, together with all fish found therein, be forfeited and sold at ]>ul>lic auction, and the proceeds arising from such sales shall be paid and applied one-half V.t the overseer of the poor of the parish, and the other half to the overseer of the fisheries making the seizure, XI.\. Ordered, that the overseer or overseers of the fisheries, and all ar.,1 every other person or persons ujipolnted to carry out and enforce these Rules, and protect the fisheries of tliis county, sliall in all cases be a CDmitctent witness for the prose(;ution, and that any person prosecufing, or giving evidence on a?iv prosecution for the recovery of any penalty or penalties under the j)rovisions of these Rides, who shall be guilty of wilful and I'orrupt false-swearing on such prosecution, shall be (leemed guilty of perjury, and on conviction thereof before any Court of competent jurisdiction, shall be liable to all the pains and pi'iialties imposed by law upon persons guilty of perjurv. XX. Ordered, tliat all lines ami penalties im|)oscd by these Rules and Regulations, when thcv shall not exceed the sum of fifteen [lomids, shall he recovered, with costs ot prosecution, upon convictiim before anv two of Her Majesty's Justices of the I'eacc, and shall, when recovered, be paid and applied, one-half to the overseer of the fisheries, or informer wlio shall [)r(isecute the same, and the other hall' to the overseer of the poor of the parisli where sucii ju'iialty «hall be incurred, to be levied l)y distress and sale of the offeniler's goodsand chattels, and if no sutbeieMt distress shall be found, then the defendant shall i)e imprisoned in the coinily gaol for twenty days, uidesM such tine and penalty and costs of |>rosecutiun shall be sooner paid. .\.\1. Ordered, that the several overseers of the fisheries shall, at every General Sessions of the I'e.icc for the said countv, render a just, correct, and satisfactory account (if all sums of money or peiuilties received or recovered by them during the last half-year, and of all seizures made by them, and of how the same were disposed of, and the proceeds applied, and for what sum the same were sold, which account shall be accompanied by proper vouchers, and to he rendered upon oath. Ry order of the Sessions. (Signed) TriK.opnii.rs dps Brisav, t'lerk of the I'eace, Gloucester. 29 COUNTY OF RESTIGOUCHE. NEW BRUNSWICK. F18HIN0 Regulations. At a Court of General Sessions of the Peace for the County of Restigouclie, held at the Court House in Dalhousie the fifth day of January, in the year of our Lord one thousand eight hundred and fifty-five, the following rules and regulations were entered into and passed : — I. That no salmon-nets be set between the eastern boundary of the county of Resti- ien and unincumbered, the said unincumbered parts to include the deepest water and main channel thereof. IV. Tliat no salmon shall be killed in the Restigouche river, or any of its branches, in any manner whatever above the junction of the Tomcaguadavie with that river. V. That no person or persons shall set nets so as to encroach on his western or upper neighbour, l)eyond where an extension of the division line between them would mark the l>oundarv. VI. That no seine-net or wear shall be set, drawn, or erected in any of the other fii'sIi-wKtcr rivers in this county above the tide-way. VII. That any person or persons setting nets, or otherwise fishing and killing salmon contrary to these rules and regulations, any one or more of them, shall forfeit and pay the sum of five pounds for the first otfence, and for the second and every succeeding offence the sum of ten pounds, together with the costs of prosecution, to be paid, one half to the prosecutor, the other to the overseers of the poor, for the use of the poor where the offence was committed. VIII. That, in addition to the said jjcnalties, the party or parties so fishing or setting nets contrary to these rides shall remove and take up the same when required so to do by tlie fish-warden or overseer, and in case of any neglect or refusal, or in case no owner can be found, it shall be the duty of the said warden or overseer forthwith to remove the said Mtts. seines, or wears, and if no owner apjiears to claim property thereon, and pay expenses within three days, such net, seine, or wear, together with the fish, if any found therein, shall be forfeited and .s»ld by sucli officer to defray expenses and satisfy the respective (KMmU'es, and the overplus, if any, shall lie paid to the owner, if known, or, if not known, to the overseer of the poor of the town or parisli where the offence was committed. IX. That, wiiere a lot of land has been divided amongst a family into portions, the occupier of each portion shall be entitled to set siilmon-nets in the proportion that the water privilege thereof bears to tiiat of the whole lot enjoying a fishing or water privilege and no more, |)rovidcd no old or long-established fishing-stand be prejudiced thereby. .\. That, where salmon-nets arc set on kellicks, from the impossibility of taking them up on iSunday, the warden be not required to enforce the law in that respect; but all persons are, notwithstanding, prohibited from taking fish or fishing such nets between sun»et on Saturday night and sunrise on Sunday morning, under the penalty of five pounds, tor the use of the poor of the parish where the offence was connnitted. XI. That noherring.net l)e allowed in the waters or fished between sunset on Saturday night and suiiri.se on Monday morning under a penalty of five pounds, to be recovered, with costs, and applied as in the above preceding clause. Read and passed in open session. ,, (Signed) A. Barbbni, Clerk of the Peace. " .' ■ • ■ ■' "V t 30 NEW BUUNSWICK. COUNTY OF NORTHUMBERLAND. Fisheries, &c. At a General Sessions of tlie Peace of our I^dy the Queen, held at. the Court-house in Newcastle, in and for the county of Northumberland, on Tuesday the eleventh day of January, in the year of our Lord one thousand eight hundred and fifty-three, and in the sixteenth year of Her Majesty's reign, ordered that the rules and rcRulations made and passed at the last Januar)' sessions for this county, for the regulation of the fisheries, and of nets, seines, and fish-wears, within the rivers and harbours of this county, be, and the same are hereby annulled niid repealed, and in lieu thereof the following rules and regula- tions lie made and established, in pursuance of the authority vested in the General Sessions by Act of Assembly, 13 Vict., cap. .10, for the regulation of fisheries, and of seines, nets, and fish-wears within the rivers and harbours of this county. 1. That hereafter the fisheries in the bay, harbour, and river Miramiclii and its branches shall be regulated in the manner hereinafter mentioned ; thait is to say : — No net whatever shall be set off any island, mid\v water on lot number seventy-six to the first point above the iiouse owned by the liite JtAm F.nt;lisli, deeeased, op))osife to the lower end of Sheldrake Island; no net to e\ten(l into the bay more than t«o hundred and fifty fathoms from tlic said line. From tiif-nce to the lower line of ':.■ number scventy-er thirty- eij;ht to extend into the river more than fifty fathoms from low water, No net to be set in front of lots number thirty-seven, number thirty-six, number thirty-five, and number thirty-four to extend into the river more than sixty-eight fathoms from low water; from whence to the brook on the upper side of Gilniour Rankin and Company's wharf, Douglastown, inclusive, no net to extend into the river more than seventy fathoms tnim low water ; from thence to lot number fourteen, inclusive, no net to extend into the river more than fifty fathoms from low water ; from whence to lot number five, inclusive, no net to extend into the river more than forty-two fathoms from low water; from thence to number one, inclusive, no net to extend into the river more than fifty-five fathoms from low water; from thence along the north shore to Oxford's Cove, on the north-west brnnch, no net to extend more than thirty fathoms from low water; from thence to the Saw-Mill Cove inclusive, no net to be set to extend into the river more than forty fathoms fnmi low water, excepting in front of lots formerly occupied by .lames Oxford, buncan M'Intyre, and George llubard, whore the nets shall not extend nito the river more than twenty fathoms from one foot water at low watc ; from the said Snw-Mill Cove to the cove lielow Barr's Point no net to extend into the liver more than eighty fathoms from hiw water ; from thence to the Upper Bass Fishery no net to extend into the river more than forty fatlionis from low water ; from thence to Dunl)ar's Point no net to extend into the river more than sixty fathoms from low water, excepting in front of the lots formerly occupied by George Urquhart and Thomas Wright, where no net shall extend into the river more than eighty fathoms. From thence to VVilliam Matchett's upper line, no net to extend into the river more than thirty fathoms from low water ; and from thence to John Uynii's upper line no net to extend into the river more than twenty-five fathoms. No net to l)e set on either side of the north-west branch, or any of its branches, from the said John Hyatt's upper line upwards, to extend more than one-third across the said branch or any of its branches. No net to be set off the lot occupied by James Johnstone on the south side, to extend into the river more than twenty-five fathoms from low water. No t\et whatever to be set off the south side from the lower line of James Johnstone's lot to the mouth of the Ltttle South-West river. No net to he set on either side of the Little South- West to extend more than one-third across the said river and its branches ; and from the mouth of the Little Soiitli-West, down ■ long the south or western shore to the lower line of the lot now occupied by the widow ^('Grath, no net to be set to extend into the river more than thirty fathoms from low wr ;r; and from thence, on the southern side. Ni:vv JltlNSVVlCK downwards to Beauherherl's Point inclusM forty fathoms from low water-mark, exce] .Stewart, Jnred Tozer, Elsoii Toaer, anil \> into the river more than thirty fathoms fro ever to be set off Martin's Island, or off oi the nortli-west bnincli of the River Miraniit East Point to West Point, no net to extern' no net to extend into the river more than ig iti front of the lots occupied by Charles iain Taylor, where the nets shall not extend one foot water at low water. No net wliat- i) any other island, middle ground, or bar, in or its branches. A base line to run from I. to the river more than tiftv fathoms from the said line. Fitim low-water murk at Wtst Point a base line to low-water mark at the lower point of lot iiutnher nine, no net to extend into the river more than sixty-five fathoms I'roin the said line. From the said point of lot nuniber nine to Terrill's Point, no net to extend into the river more than sixty-tive fathoms from low water, excepting in front of lots nutnlier eightocn and nineteen, wiiere the nets are to extend sixty-five fathoms beyond twi-nty fathoms at low water. No net to be set off Terrill's Point to extend into the river more than forty fathoms from low water. .V base line to run from Terrill's Point to the lower end of Middle Island, no net to extend into the river more than forty-eight fatlioms from the said line. No net to he set from Middle Island to^'ariis the north shore more than fifty fathoms from low water. No net whatever to be set from Middle Island to the south shore; no net to he set from the south shore opposite the upper end of MiiUtli" Island to the lower line of lot iiuinlier fifty — being the property lately occupied by Tlu'opliilus Des Hris.iy, Ksq. — to extend into the river more than fifty-two fathoms from low water, excepting in front of the lots nuinher twenty-eight and twenty-nine, which shall not exceed sixty fathoms from low water; and in front of lot nuniber thirty-two no net to extenil into the river more than thirty-eight fathoms from low water. No net to he set in front of lot number thirty-three to extend into the river more than fifty-tive fathoms from h)w water. No net to be set in front of h)ts numher fifty, number tifty-one, number fifty- two, number fifty-three, and number fifty-four inclusive, to extend into the river more than sixty fathoms from low water; from thence to lot number fifty-eight inclusive, no net to extend into the river more than sixty fathoms fnnn low water. No nets to be set in front of lots nuinher fifty-nine, nuniber sixty, and number sixty-one, to extend into the river more than fifty fathoms from low water ; from thence to nuniber forty-one, in the grant to the late William Davidson, Esquire, no net to extend into the river more than forty fathoms from low water. No net to be set in front of the lot now occupied by Peter Foley, to .y*--X NRW niU NSWKK. h main net extend into the river more than seventy fathoms from low water. No net to \k Mt from Brauherbert's Island to extend into the river more than thirty fathoms from low water. No net to he set in the Tickle between Benuherl)ert'.-i Island and Beauherbert's Point. No net whatever to be set in front of the bur>'inK-j{roun(i on Beouherbert's Point. No net to l)e set from either sitle of tlie south-west branch from Beauiierhert's Point on the western shore, and Peter Foley's on the enstern shore, to the upper line of the lot occupied by .lames Carnnhan, to extend into the river more than forty fathoms from low-water mark, exceptini; from tlie lot in the ]iosscssion of David Barron, on the north shore towards the extremity of Bnrnnhv's Islaful, where the nets shall not extend over thirty fathoms from low water; also cxct'ptini; the place known as Peters' Point, where the nets shall not extend into the river more than thirty fathoms from low water ; and that no net whatever shall lie set from Bnrnahv's Island towards the north shore, either from the said island or inland; and from thence upwards to the lower line of the Baniabv Uiver Mill lot, no shall be set on either side of the said river fnmi C'ariiahan's up|)er line aforesaid to the mouth of Indian Town Brook, to extend into the river more than thirty fathoms from low- water; but in no ease shall the nets extenti more than oiie-third acrt)ss the main channel on the said south branch Note. July sessions. IH.'tJ. nets allowed to he set forty fathoms off Barnabv Kiver .Mill \o\). No net to be set oH' the lots on the north shore op|H)site Brown's liiirr, or opposite the bar at tlie Klni-tree. to extend into the river more than fifteen fathoms from low water. No net to be set on either side of the said south-west branch, or aiiv of its hraiiclies from the ninuth of the Indian Town Brook to the head of Miramichi River anil its Iminches. to extend more than one-third |)art across the said river and its branches. No net whatever to be set otV or from any island, middle- i>roun(l or liar in tiic said south-west brandi of the River Miramichi and its branches: Pro\ iiloil alwavs, and it is hereby declared, that no net to be set ni any of the branches of the River Slirainichi, bv virtue of these rules, or in any other river of the county of Norlliiiiiilicrlanrance or net fisheil or set uontniry to these rules, forthwith, and if no person appear to claim the same witliln six dnvK, the ■aid net or nets so taken up and removed as aforesaid, shall he sold at public auction. after six (hiys* notice, and the proceeds thereof paid, the o?io-half to the olHcer who performs the duty, not being an overseer or warden, and the balnnce into the hands of the county treasurer. VII. That no salmon of any description shall be taken or killed in any manner whatever, in the bay, harbour, or River Miramiclii, below Koaidair's Island, from the fifteenth day of Au^^just, or above Heaulair's Island, in both branches, or in tlu- Hartiloiiue Tabuscritsc. Hay du Yin, Napan,or Black River, from the thirty-first day of Auj,'ust to the first day of April of the ensuing year ; nor shall any person offer or exjiosc for sale, nor shall any person purchase any fish so killed or taken, under the penalty ot ten sliillings for each fish so taken, kilkd, exposed or offered for sale, or purchased; and that no net shall he set or aUowed to remain on any pickets in the said river or its i)ranchcs, after the times heretofore limited and appointed for fishing, under the penalty of two ])outids for each and every offence, to be paid by the owner or owners of said nets »r the ])erson last using the same, and that the owner or person last usiiig or fishing such set of nets sliall, within six days after the times limited as aforesaid, remove and pull up the pickets so used for fishing as aforesaid, under a like penalty of tuo pounds for every day the owner or person fishing as aforesaid shall allow tlie saitl pickets to remain in the water after that period: Provided always, that notliing herein contained sliall prevent the c.itcli of fall bass, either on pickets or floats, of not less than five-inch mesh, to commeiice on the twentieth day of September in each year, and to eoutiime to the close of the navigation. VIII. That no ])ersun or persons shall, under any pretence whatsoever, erect, build, make or set up, or make use of in the said bay, harbour, and River Miramiclii, ur any of its branches, or in any other river in the said county, any brush or wooden wear or wears, trap or traps, for the purpose of taking gaspereaux, shad, salmon, bass, or other fish, under a penalty of five pounds fur each and every oll'ence. IX. That in all cases where any fish-wear or wears, trap or traps, shall be so erected, contrary to the provisiotis of these Rules, it shall be the duty uf the overseer of the fisheries of the parish or district in which such wear or wears, traj) or traps, shall be so erected, and all other person or persons are hereby fully authorized and empowered immediately, or at any time thereafter, to ])ull down, remove, and destroy, such wear or wears, trap or traps. ^^. That it shall not be lawful for any person or persons to drift or swce|) for salmon with nets or seines, nor for any person or persons to spear salmon or grilse, in any part of the bay, harbour, river or branches of the Miramichi, or in luiy other river in the county of Nor .hund)erland, under a penalty of five pounds, and any person whatever who shall be foul (1 with salmon in his possession, shall, in addition to the foregoing ])enalty, forfeit and i)ay for every salmon so taken the sum of ten shillings, and whoever shall directly or indirectly sell, or oiler for sale, any salmon caught or taken by spearing, shall forfeit and pay the sum of ten shillings for each salmon so sold or otVered for sale, purchased, or bartered as aforesaid, and that all canoes, spears, drift-nets, seines, torches, and salmon found, and all other implements found by the overseer or overseers, or other person or ))ersons authorized and required to look after the fisheries, in the possession of any jierson spearing, drifting, or seining for salmon, or which such person may have abandoned on being ])ursued, shall he forfeited and sold by public auction, after six days' notice, and the proceeds arising therefrom paid into the hands of the county treasurer, and all persons discovered at night with a s])ear and torch, or a torch only, in or about any river, stream, lake, or watercourse, either in a boat or canoe, or otherwise, and ajiparently equipped for taking or spearing salmon, shall be considered in the act of spearing salmon, and shall be liable to a penalty of five pounds, and the burden of disproving the same shall be upon the party discovered. XI. 'Hiat no person or persons, under any pretence whatever, shall sweep or drift for fish with any net whatever in any part of the River Miramichi, or any of its branches, under the penalty of ten pounds for each and every offence, save and except seining for bass, which shall commence on the oi)eiiiiig of the navigation, and- continue until the first day of July in each year, and no longer, and on the first day of October, and continue until the close of the navigation in each year, but that the meshes of such seines shall not be less than five inches, and that such seining shall be confined to the North and South- West river, Hartilogue and Napaii, and shall not extend further uj) the said North-West river than Dunbar's Point; and in the Hartilogue River sucli seining shall not extend further up the said river than ten rods above Stoiiey Point, before the thirty-first day of October in each year, and in the South-Wcst such seining shall not extend further up than Barnabv's Island, and in Nanan shall not extend further up than Uudlev Perley's K NKW lillDNSWICK i; J' 5! : 84 NKW upper line ; niitt also navv. and cxcopting »cinin(» for i^aKpereaux, which iihall commence on liltl'NhWICK tlio ((iK-iiinn <>f the niivigntion anil continue until the tirst day of July in each year, and shall lie confined to the Main Mi'nmiehi River, the north and aouth-weat branches, the Bay dc Vin, and Black Riven ; that such xcining in the main river shall tcrniinato where the hranchcH commence, in the South-VVcst auch ii«ininj( shall not extend further up than Barnaliy's l!tl»nd, and in the Nortli-VVest such seining shall not extend further up than the lower line of the Derry Farm, and in the Bay de Vin such Heinini? shall not extend further up than the Uiuirry, and in the Black River such seininjt shall not extend further up than tiie lower line of Archihiild l'anieri)ii's, junior, lot ; that the Icnijth of the seines shall, in the North and South-Wcst, not exceed ci^hty fathoms, and in the Iky de Vin and Black River shall not exceed thirty-tivf fiitlionis; and that no jjaspereaux shall he taken in the hay, liiirliour, or River Miraniiclii, or its hraiu-hes, or in any other river in the county, after the first dav of July in each year, under a penalty of five pounds for each and every ortcMKC, also save and cxccptini; seining for herring; «nd that all person and persons casting a seine under this rule, shall tiot allow such seine to remain set, hut shall forth- with haul the same, under a penalty of three pounds for each and every oft'ence. XII. That if anv person nr persons shall hereafter set any seine or net. or allow any seine or net to remain set in any part of the said hay, harhour, river, or hranches, between sunset on Saturday night and sunrise on Monday morning, contrary to the provisions of this Rule, such person or persons so oll'ending shall, for each and e\i'ry otlcnce. forfeit and pay the sum of five pounds, and shall, in addition to the foregoing penalty, forfeit and pay for each and every salmon taken or found in his possession, caught or taken contrary to tins Rule, the sum often shillings, and for all other fish the sum of one shilling each. .\'III. That no bass siiall be taken or killelyin'.' strictly with this Rule, shall be deemed and taken to be illegally used, and the persor t persons violating the same shall forfeit and pay the sum of tive |H>uiids, and that iil' scoop-nets, hoops, and handles, and all other implements found in the possession ol' any jiers.iii, or on the ice. or which have been used or intended to be used for taking bass rlirough the ice. not herein provi(leay the sum of three pounds. XIV. That it shall and may he lawful for any overseer of the hsiieries, (ir the iicrson or persons appointed to protect the same, at any time after the tenth day of .Seplember in e.-icli year, to seize, forfeit, and sell at public aiution all saliiKin or gril.sc that may be hrouyht to market, or sold, or otl'ered for sale, or bartered, or purchased, and take all lawful ways to cfTcct such seizure by entering any canoe, boat, scow, or warehouse, for the purpose of making such seizure, and that all salmon so seized shall be considered as illegally taken, and the burden of disproving the same shall be upon the party from whom the salmon arc taken ; and in the event of the party from whom the salmon arc seized neglecting or tiiiliii!; to prove that lliey were caught legally, shall he liable to a jienalty of five pound.s, in addition to the loss of the salmon, ti> be paid into the hands of the county treasurer. XV. That no inspector of fish shall, under any pretence whatever, inspect any black salmon, or salmon caught out of season, in violation of which the said inspector shall forfeit and pay a penally of five pound:), and also shidi n'i\c notice of such salmon to an overseer of the fisheries of the parish in which he was called upon to inspect the same, and aho to the person or persons appointed to jirotect the fisheries and also to the nearest 85 Justice of the Pence ; failing to perform the same, and give *uch information, shall he Muhject to n penalty of five pounds, and he disqualified from holding the office of inspector KH I fur the two next succeeding years. XVI. That it iihull be the duty of the overseer or overseers of the tisheries to carry out the foregoing Hules, and shrill he bound to nrosecute all violations of those Rules, whrtlirr the same comes to his or their own knowledge, brought thereto by any inhabitant of the county ; and in the event of such overseer or overseers neglecting or refusing to comply herewith shall forfeit and pay the sum of ten pounds ; and that the warden of the county shall aUo he authorized ond bound to carry out these Rules to the full extent, and prevent all violations thereof, whether surli violations are in view or brought to his know- IrdKC in some other way : in the event of his neglecting or refusing to do so, shall be subject to a penalty of ten pounds, XVII. That all tines and penalties imposed by these rules shall l)c recovered, with costs, upon conviction, and shall, when recovered, be paid into the hands of the county treasurer, and it shall be the duty of the said treasurer to keep the statement and account of all such sums as shall be paid to him for such tines and penalties in a separate and distinct account, and shall pay out of such fines, ns far as tlicy shall extend, the amount c deemed Huiltv iif • viola- HIUIXSWIt'K tion of tliis rule for lettinK IiIn or their net* off lim nwii land hIu'ii micli piTsoii or pcrion* IioIiIm tlir pomieKxion of a Ichk front timii tifty fathoinit, nor to |iri'vi'iit any |>frsoii or |H:r«ons front vtting more than one let of netii ott' his own land, VI, .Vnd Ih> it ordained, that from Carnulioii'a up|)«T lim- to the lower line of the Klm-tree Traet, the IvnKth of nets lie extended to thirty-tive fatlioiiiN instead of thirty l;itlioniii n.1 allowed by the Ke){ulation» made in January SexxionM, one thut tli'.H regulation ix not to extend the length of netx itet off the iott on the Mortii Nliiire, ci|i|Hisite HrownN Har, which shall not extend into the river more than fifteen fathomn from low water. VII, And he it ordained, that no net Khali he »et on the north whore from the land owned and oeeupied by the late Wdliam (iilliit, and odw in the |)o<n of KitZi(erald and David Harnin, towanJH tlie extremity of I)arn»l>y'M iNlarid, xhall extend in length thirtv lathoniH from low water, under a penalty of live pounds aitainst the permni offending. By order of (iencral Ne.isions. (Signed) Kdwakii Wii.liston, Clerk uf the Peace, Northumberland. [July Sessions, I8.'i4.] Nets extended to forty fathoms off the whole of the Gillis Lot. ^'"- =*• No. 3. Copy of a DESPATCH from Mr. Secretary Ladouchere to Lieuteimnt- Govertiur the Hon, H, Manners Sutton. (No, 7.) Sill, Dcctinber 12, 18.5.1. I HAVE to acknowledge the receipt of your despatcli No. 32 of the lOtli of Novcintwr, transmitting authentic copies of the laws and regulations relating to the fisheries now in force in New Brunswick. I concur in your opinion that tlie provisions of the chapter of ihe Revised Statutes vesting in the justices in session to make laws and regulations for the tisheries in their respective counties, subject to no control on the part of the K.\ecutive Government, require revision, and 1 am glad to Hnd tliat you have called the attention of your Council to the subject with a view to the amendment of the law in this respect. 1 am, &c. Hon. H. Manners Snttoa, (Signed) LABOUCHERE. &c. &c. &c. NOVA SCOTIA. 38 I'' ii III NOVA SCOTIA. M)V A SCO 11. \. No. -i. m No. 4. Coi'Y ot a DESPATCH I'loiii Lieuti-iiiintGoveriiDr Sir Gaspard lk Marchant to .Mr. Sicrc'tary Labouchbrb. (No. H8.) CovornmiMif llouso, Halifax, .Soptembci' !), 1850. Sii!, (Uw.iv.'il .Si'pl.Miilipr 'J-i, 185C.) I.v tran.-«mittiiiu to yo\i, us I liavt- now tlif lionour to do, in i'oin|)liaiitr witli the late Sir \\ illiam Mulcswortli's (lc's|)atcli of tin- :\n\ Aiiu;ust, IH^fj, autlioiiti- catcd copies that have been jirepared and cert itied l)y tlie Attoriiey-Cieiieral, of the Laws and Ilegiilations of tiie Leu:ishitiire, or otiier eonipetent authority, of this Province, for the preservation ol' the Kisheries, I have to express my ref.?ret, whilst referring' to my despatch to Mr. Cram|)ton of the Kith July, IH')'), wherein he was informed "that no laws or local reu;ulations of the nature adverted to in his despatch of tlie 'jNtli .hme then prccedinu; were in force or i'.\isted in the Province,"' that this la.st-mentioned despatch was issued under misapprehension of the state of the law, and of 1 )cal iffjulations referred to. Themistaki' ons^'inated m the peculiar mode of entitlins,' the Revised Statutes lit this Province, which relate to the matter under consideration, chapter 94 heini; entitled " Of the ("oast Fisheries." which alone was referred to, as heiiifj that aloni in which, under the late 'IVeyty. the eili/ens of the L'nion were supposed to he interested, whilst chapter i)^>, entitled " Of Hiver Kisheries," was not examined, heeaiisc with reiculations relatixe to " rivei-s" tin- .\merieans, under the 'I'lvaty, wciv not concerned. allhou;^h, in point ot' tact, this latter statute contained a clause in terms a-; lollows: " The Session^ may. from time to time, maivc orders for the >etlinj:and drift mi; of nets, the erectini: and |ilacinu: of wears, and, '.'cncrally. tor the conduct ini; of tisheries m all the hays, harhour.>, rivers, streams, or creeks, or on the shores thereof', oi' tlio^e of any ol the counties, to be enforced hy penalties not exci'cilinir ten pounds, for breach of any such order, and shall a|)point overseers tor such lisheries, and dehiu' the limil.s of flii'ir jurisdiction, and the ovei'seers shall see such orders eairied into etfect." This clause was then, and i-> still, in lorce, and under its autlu.iity the local reifulatioiis havi' been made, wliereot copies are now transmitted. Copies of the collection refilled to, aHirmcd by the tareful examination and ^^ignature of the Attorney-tii'iieral to he complete and authentic , will also bf sent to each of the (iovernors (ilMrilish North America. It is 'latislactory to me to ledect, that the mistake which I lia\( thu.- brought to your notice, is not likely to luive been productive of aii\ pre judicial misapprehension on the jiart of the United States' (iovernnicnt. as the onlv pulilic notitication which they have made of the l..iiws and U( mdations of thoe Colonies I'oi' the preservation ol' the li^hei'ie- would appear to liavt I ecu Ciinvesed by .\lr. M.uc\ '.•< circ.iar to the Collector of Customs at liDstnn, which i> dated the I'ith of July, iH'j.'j, and four days prior to the date ol my despaleii to .Mr. Crampton. I ha\e. &c. (Sitrned) J. (iASPAKI) I.K \l.\KC[|.\,\r The Uiglit lion. II. l^aboucheie, &c. &c. &c. 39 Enclosure 1 in No. 4. NOVA SL'OTJA Knrl. I ill Nil. 4. Copies of tlir Ordeus or lleon.ATiONs of tlic severnl Courts of Sessions in Nova Scotia, in force in relation to River Fisheries. Provincial Secretary's Office, Halifax, September fi, 18r>«. Copies of Orders in force made by the Courts of Sessions for tlie Regulation of the River Fisheries, aiul especially respecting Nets, VVeurs, and conduct of the Fisheries in Bays, Harbours, &c., under the 8th Section of Cliapter 'J3 of tiie Revised Statutes. December 1855. ANNAPOLIS. General Sessions of the Peace, April Term, 1852. Ir is ordered by llie Court, tliat the owners of the lands on the Annapolis river, " above the rise and fall of the tide,'' be .illowed to set one net for the taking of salmon in front of their respective lands, and no mare. That, in addition to the above, others, " not being owners of the .soil,"' shall be allowed to set nets from the Big Kddy on said river, to within a quarter of a mile of Mc Kowu's Mill Dam ; no person allowed to set more than one net, ami not to extend more than one- third of the distance across the river. That the owners of lands below where the tide flows on the Annapolis river be allowed to sfl one net on their respective lands, and mo more ; and not to exleiul more than one-third of the distance across the river. And it is further ordered, that no person .shall take fish of any description in any of the rivers within the eouTity, with sweep or net of any kind, except on Wednesday, Thursday, Friday, and Satuniay in each week. Any person or persons guilty of a brcneh of any e extended to thirty days. Ordered — Tliai the following be the regulations for the fishery of the River Abuptic : — L That no person shall fish from Friday morning at sunrise until Monday morning at sunrise, under the penalty of three pounds, and all fish forfeited. n. That no obstruction be placed in the said river or streams tlicreof above Campl)eirs Falls, that may ofistruct, impede, or otherwise interfere in any way with the passage of the fish (save that of scooping with nets), except that part of the river which lies between the old mill-dam and Nanaguagus Falls, wherein set nets may be placed one-third acn).ss the river, from the first to the fifteenth day of May and no longer. Any person violating this regulation shall forfeit the sum of forty shillings for each offence, provided that nothing therein siiall prevent cuch family setting in the said river one eel-pot, with the mouth down stream, l)etween tlie fifth day of September and the end of the year. in. No nets to be set in the channel of the said river below Campbell's Falls more than half-way across, under the ])cnaity of forty shilling.s lor eiich offence. IV. That the pates of th mill, situate on the said river, be opened on the twentv-fifth day - XXI. That no wears or garths whatsoever shall he built across said river or any of the branches thereof, and any person or |>ersons who shall be caught hshint;, or taking anv fish out of any flume (ir wear built across said river, or branches thereof as aforesaid, shall be deemed the builders thereof, and pay a tine of three pounds each ])erson. and shall forfeit all fish so caught. XXII. That no flumes or eel-pots shall be set anywhere upon Tusket river or any of the branches thereof above Hatfield's Falls, under the penalty of twenty shillings for each offence, excepting Hurlburt's Falls, where eel-pots may be set with tlieir mouths down stream. XXIII. That no floor be made in the branch of the said river called Haltnon river, of tinil)cr, plank, or boards, or any otlier article, except the mill-dams across the said river, under the i)enalty of three pounds. XXIV. That the waste-gates and water-ways made in the mill-dams across tlie said river be free for the fib to pass tliroui;li the same, and no person shall take any fish on the eastern side of the said river, between Kinney's mill-daiu and the north line of William Wymnn's, under the penalty of three pays, creeks, or shores of this district, within ninety yards of any other mooring ; and that no person set more than two nets to any oi.j mooring. That no person set or drop any net in tiic waters of this district without mooring of sufficient strength to keep them from drifting in ordinary limes. That no net shall be allowed to remain set between the sun iin hour high in the morning and evening of each day, unless they cannot be taken up by stress of weather. 45 That no person be allowed to drop more moorings inside Crow Harbour Island than NOVA SCOTIA. he has nets, and that he simll set a net to each mooring so dropped within at least forty- eight hcurs in succession. That no vessel shall have nets set and fastened to them within Crow Harbour Island. Tliat no mooring be allowed to be dropped on any ground where it will interrupt the seine fisheries. That any jierson breaking or transgressing against the foregoing Regulations, or neglecting to fulhl the same, shall be liublc and subject to the penalty prescribed by law. Certified copy, (Signed) Stvlbs Habt, Clerk of the Peace. Uuysboroiigh, August 1;'), 1H35. INVERNESS. I. That no net or nets shall be placed lower down the Harbour of Margaree than within a direct line fron> Mc .Mister's well to Dead Man's Cape, till the first day of June, except gaspereaux nets. II. That no nets shall exceed thirty fathoms in length. III. That no nets shall be placed within fifty fathoms of each other, or take up more tiian one-third part of the channel of the rivers in this county. IV. That nil nets shall be taken u|) before Friday night, and shall not be set or put down before Monday. V. That no net or wc.nr shall be set or placed in any part of any of the rivers without every owner of said net or wear having his name, in full, branded or cut on a piece of board in lai^c letters, and placed on the back of each net, and on the top of each wear above the slucies. VI. That the warden or his deputy will have full power to break all wears without the name as above described ; also all nets without the owner's name to be taken up by the warden or his deputy, and sold at pniiliu auction. VII. That no salmon shall be caught, or taken in, or by any means whatever, after the fifteenth of August. VIII. That no fish-heads, boiies, or offal, shall be thrown or put into the river below the R. C. chapel. IX. That no net, stopper, or wear, shall he placed in a certain brook lending from the main river of Margaree round to a small island below the Indian lands at the Forks, to the lower line of Stephen White's on the west side. X. That each and every i>erson offending against any of the aforesaid Regulations, shall forfeit and pay u sum not exceeding ten pounds, nor less than five pounds, at the discretion of the Court. (Signed) J. Lewis Trkmain, Clerk of the Peace. Port Hood, Septemlier I, 1855. i. KING'S COUNTY. It is ordered, that no person or persons whatsoever shall in any way or manner make use of any seine that shall exceed twelve feet in length (salmon seines only excepted), nor any nets except what arc connnoiily called scpmre nets, and shall not in site exceed twelve feet square, in the River Gaspereaux, or any of the branches thereof, during the passage of the gaspereaux fish therein ; nor shall any person or persons erect, make, or set up any hedge, wear, fish-garth, or tike, in the said river, that shall in anv manner obstruct or interfere with more than one-third part of the same, on pain of forfeiting for each and every offence the sum of two pounds. II. That no person or persons shall erect, set up, or place any net, hedge, wear, or fish-Karth, or tish-fike, withm twelve rods t)f any other net, hedge, wear, garth, or like aforesaid, which has been previously erected or set up in tlie said river, on jwin of forfeiting two pounds. N iS It' ■ t N'OVA SCOTIA. III. That no nerson shall erect, let up, or place any net, wear, hedge, fi«h-g»rth, or tike, or other incumDrences, opi)<)sitt' to or within twelve rods of the mouth of any hrook or stream, or inill-rwo, pre|>are(l for taking fish, on pain of forfeiting for each and every oifenre the sum of two pounds. IV. That no person or persons shall, by any means whatever, by drivino; or otherwise, collect together cither in the said river or its branches, or the streams falling therein, or running out of the said river, when said stream or branch shall exceed one-third part of the water of said river, any quantity or quantities of gaspercaus fish on their (wssagc up the said river, on puin of forfeiting the sum of two jwunds. V. That no gaspereaux fish or salmon shall he caught in or taken out of said river at any time l)etween the hours of eight o'clock in the evening of each and every Saturday, and four o'clock in the morning of each and every Monday following, etween eight o'clock on Friday evening of each and every wee'n, and four o'clock on Monday morning following, on pain of forfeiting, for each and every oflFence, the sum of two pounds. VII. That no eel-pots or fikcs of any description shall be allowed on any part of the river : and it shall be lawful for the inspectors to take tliem whenever they mav Ije found, and if thcv can iisccrtain the owner or owners, he or they shall be liable, besides the forfeiture of the eel-pots or fikes, to .•» fine of one pound. And whereas it has l>een the practice of several persons on said river to make walls, and otherwise obstruct the passage of the fish up siiid river, it shall l)e lawful for the inspectors, or any of them, to remove, or cause to be removed, the said stone walls or obstructions of anv kind ; and they arc also authorized to examine the mill-dam and premises of Judali \V. Bishop, and to remove any further obstructions they may find he still has therein. That no net or fixture for catching fish shall be put in within twelve rods of said mill- dam, or any other dams on either side of the river. And in paying said inspectors, if the fines and snies of forfeitures do not amount to a sufficient sum to remunerate them, they are to Ihj paid by the county. That a sufficient number of inspectors shall be a|)pointed and sworn into otlice ; that they be allowed five shillings per day for each ami every day when actually employed; and any two shall be empowered to pmsecute all persons found guilty of any breach of the foregoing Regulations, or to remove, or cause to be removed, all obstructions in said river contrary to the al)ove Regulations, and to seize and detain all square nets found fishing during the hours of pruiiibition, or otherwise used in violation of anv of the foregoing Regulations ; and all rikes and soiiies, otherwise than those allowed in the foregoing Regu- lations, which shall appear to have been used or intended to be used for the purpose of catching fish, found in or about said river, to be in like manner seized, and after the fishing season is passed, to be sold with the square nets, at public auction, and the proceeds to hf accounted for at the next (Jenerul Sessions of the Peace. No net to be put into the river at the rock or falls at the mouth of the lake. That no person shall catcii any gaspereaux or salmon between the time of six o'clock on Friday evening and six o'clock on Monday morning in each and every week during the fishing season, in the River (jaspereaux, except by what is called fly-fishing, under the pain and forfeiture for each and every offence of the sum of two pounds. That no person shall take or catch any gaspereaux or salmon in any brook, stream, mill-race, waste-way, water-course, pond, hole, or excavation, adjoining said river, or within twelve rods of the lower or upper end of any such brook, stream, mill-race, waste- way, or water-course, under the pain of forfeiting the sum of five pounds for each and every offence. That no salmon seine shall lie swept or drawn in said river, or any brook, or stream, or branch thereof, at any time before the first day of Juno in each year; forfeiture three pounds. No person shall obstruct more than one-third part of the water and breadth of said river, which obstruction shall cxtei.d in a straight line across the stream from cither bank ; forfeiture two pounds. AoDrrioNAU Ih! Gaspereaux fish may be taken in brooks or rivulets issuing of of Uas|)ei<:.iux River by square nets, and in no other way ; and no obstructions to be placed in said brooks to prevent their return to the river. It is ordered that all obstructions be removed from the false channel and creeks leading thereto, at Starr's Point, in Cornwallis, above the ground already taken up by Richard Starr, Esquire, E. Bishop, and others, and occupied by them last year ; -.ind that 47 no other obstructions shall he placed therein, and the winfj of no seine to be placed within NOVA SCOTIA. twenty rods of any other seine previously erected ; and all fish of every description to be cleared out of the seines at low water, under penalty of ten pounds. It shall not Ims lawful for any person or persons to take possession of any fishing-place upon the mud-flnts in the township of Cornwallis, by placinj,' stakes, marking off the same, to be held and occupied l)y him or tlit-ni tluring the pleasure of the Court of General Sessions of the Peace for the said county : Provided, nevertheless, that the person or IMirsons taking up said ground shall erect a seine or wear thereon on or before the twentv- fifth June, otherwise no possession is ol)tained. No person shall erect or set up any seine or wear between the ground that may l)e taken up as aforesaid, or lictwecn any seine erected and t'ic shore ; that it shall not be lawful for any person or persons to erect a seine or wear . aid mud-flats within fifty rods of the wing of any seine previously erected as aforesaid. And also all such seines or wears to be arranged in such a manner as may be ap]iroved of by the inspectors of said fishery ; and no seine or wear, including the wings tiiereof, shall exceed two hundred rods in length. That it shall be lawful for any inspector or inspectors to remove any obstruction, seine, or wear, that may be erected or set up contrary to the foregoing Regulation ; and the owners of said obstruction shall pay all expenses that may arise from removing such obstruction, seine, or wear. That any inspector called upon to perform duty as such, shall be entitled to receive seven shillings and six pence per day for his services, to be paid out of fines, but in case said tines shall be insufhcient to pay the same, the same shall be paid by the county. That any person or persons who may violate the foregoing Regulations, or any of them, shall pay a tine imposed by law. That any person taking up ground for fishing as aforesaid, shall forthwith give notice to one of said ins|)ectors. The foregoing Regulations were passed and established, from time to time, by the ('ourt of General Sessions of the Peace for King's County, and are now in force. • (Signed) W, H. Chipman, Clerk of the Peace. Office of Clerk of Peace, King's County, August 31, 1855. • i I i a LUNENBURG. Maiionc: Hay. It is ordered by the CJourt of General Sessions, that no ret, wear, or other incum- brance shall be set or placed in Mahone Bay, above an imaginary line extending from Benjamin Mader's wharf to Frederick Burgoine's gate, at any time of the year. Two-thirds of the channel in said bay to be left clear. It is further ordered, that no seine shall be jdaeed, shot, or set in Mahone Bay above an imaginary line extending from Jacob Tanner's wharf, on the west side, across to Henry Acker's wharf, on the east side, at any time during the year. By order of General Sessions. Lunenburg, .\pril 1853. )n La Have Rivbr. It is ordered by the Court of (ieneral Sessions, that no alewives or gasperenux shall be caught or taken in said river with dip nets between the head of tiie tide near Hehb's Mill and George llartling's, between Friday evening at sunset and Monday morning at sunrise in each week; and from George ilartliiig's upwards none shall be caught or taken with dip nets between Monday morning at sunrise and Tuesday evening at sunset in eacii week. That in La Have river, nets may be set from sunrise on Monday morning to sunset on Friday evening in each week below the rise and fall of the *ide, and not at any other time of the week. It is further ordered, that no shear net or basr net shall be set in any part of said river or within the county. That from Gatt" Point, on the one side, and Moser's Head, on the other side of tiie said river, so far up the river as Nenn's Point, no net or seine shall be set or placed on either side of said river nearer to another than twenty-five rods ; and from Nenn's Point ns far up as the tide rises no net sliall be set or placed nearer to anotlier than fifteen rods, und not longer than twelve fathoms, and shall not be set nearer La Have Bridge than twenty rods, and from the head of the tide upwards no net shall be placed or made use of to extend more than one-third the distance across any part of said river or branches thereof, so that two-thirds of the width of the said river or branches thereof be left clear. Si J 4« hi NOVA sroTIA. mid tliat no net be placed nearer another than fifteen rods above the ri«e and fall of the tide. That ul)ovc till) rise and full of the tide no net, seine, wear, or other incumbrance, shall he set ur placed in said river, on the western bank ur side of said liver or branches thereof, except on Monday and Tuesduy in eiicli week ; nor on the eiistern bank or side thereof, except on Thursday and Friday i" each week ; and none shall be set nearer to each other than fifteen rods, aiid uU nets to be set at right angles from the shore. It IS further ordered, that the bounds of such river shall be an imaginary line extending from (Jalf I'oiiit to Moser's Head. By order ot Ueneral Sessions. April 1835. ti-1 Pbtitb Kkvikre. It is ordered by the t.'ourt, tiiat no net or seine shall be placed or set in Petite i.eviere nearer any wharf than four rods, nor extend more than half-way across the channel of said river, nor nea er to encli other thon twenty rods, nor within ten rods of Crouse's Mills, nor within tiiirty-fivc rods of any brids^c. It is further ordered, that no salmon, shad, alewives, or gaspereaux, shall be caught with dip nets, or otherwise, above or below the bridge at Petite Rcviere, between Friday morning at sunrise and Monday morning at sunrise, in each week during the year. By order of (Jenerul Sessions. Lunenburg, 10th day of April, a.d. 1855. Gold Hivbr, Ciikstbu Rivkii, Middi.k Kivkk, East Kivrh, and Branciiks. It is ordered by the Court of General Sessions, that no salmon, shad, gasjicreaux, or alewives, shall be caught with dip nets or otherwise, between Friday morning at sunrise, and Monday morning at sunrise, in each week, in any of the above rivers or branches thereof; and that no gaspereaux shall be caught nearer the Fish Gate in Chester river, near the Town Bridge, than ten rods. By order of General Sessions. Lunenburg, April 1953. Kbody's Uivkk. It is ordered by the Court of General Sessions, that no fish shall be caught with dip- nets, or otherwise, in Keddy's River, Mulione Bay, at Kedily's Mills, from Friday evening ot sunset until Tuesday morning nt sunrise, in each week ; nor from Keddy's' Mills to Robar's lower mill, from Saturday evening at sunset until Wednesday morning at sunrise; nor frou) Roliar's lower mill uptvard, from Wednesday morning at sunrise until Tiiursdav evening at sunset, in each week. By order of (icneral Sessions. Lunenburg, .\pril 10, 1855. Tow.NBiiii' OF Chester. It is ordered by the Court of General Sessions, that no net, seine, or wear shall be set (»r placed on the north side of an imaginarv- line eomnicncing at the south-west extremity of Oak Island, in a direct course to the south extremity of Walker's Point, of any greater length than twenty fathoms, and none to be set nearer another than twenty- five rods; and no net. seine, or wear, shall be set or placed above such imaginary line to the head of the tide, between Friday evening at sunset until Monday at sunrise, in each week : and that no net shall be set within forty rods of the head of the tide; and that no net shall he set or placed in Gold River above the rise and fall of the tide, excepting on the western side thereof, where nets may be set between Wednesday morning at sunrise and Thursday evening at sunset, and at no other time during the week. It is further ordered, that no shear-net or bag-net shall be set or placed in any part of the countv. It is ordered by the Court of Sessions, that at the mouth of Middle River no net shall he placed or set nearer the Bridge than forty rods, and that none shall \h- placed or set nearer the BluiV than twenty rods, and that no net shall be set iti said river above the Bridge. East Uivkr. It is further ordered by the Court of Sessions that at Eastern River, from Fleet's Point to Tink's Point, no nets shall he set nearer to each other than thirty-five fathoms ; and that no net shall be set higher up than the berth called Prcscutt's Rock, and that no 49 net shall he tet from the island opposite Prescott's Rock, and that no net shall be set NOVA SCOTIA nearer the h-iad of the tide than thirty rods. It is further ordered, that at Middle River no gaspereaux or alewives shall be caught with nets, dip-nrts, or otherwise, between Friday tvening at sunset and Monday morning at sunrise, in each week. At Martin's River the l)ounds of the river to be a line running from George Eisenhaur's, on the west side, to John Langill's, on the east side, and outside those bounds no net to extend more tlinn nuc-third iutos.h the I'liaiinel, and no not to be set lunrtT iinotlicr tiian twenty n)ds. By order of the General Sessions, (Signed) Daniel Owkn, Clerk of the Peace. Lunenburg, April 10, a. o. 1H55. HANTS. The Justi'Ts in Session having takrn into their cunsiilcration the great benefits and utility of the Gasnereaux fisheries on the River St. Croix, established on good regulations, do, purMUant to the Acts of the General Assembly of this Province, made and enacted respecting the River Fisheries, order, That the same place near at tlie bridge crossing the river on the high road, and sucii other places as were fished in by the pul)lic in general, from said bridge down to the point below the Old Bridge, be tislied in as lust yriir, under tlic following Regulations : I. That no hedges, wears, fish-garths, or other incumbrances be made, nor any seine or seines be placed across any part of said river, where the fish of any kind do run up in the season for spawning, during the ensuing summer, on pain of being fined ten pounds for every oflTence, to be recovered as the second section of said Act directs. II. That no person, gang, or set of fishcrincii, or others, shall bu al'owed to sweep with or keep his or their seine in the river, where the fish may happen to be plenty, more than half an hour at a time, in order that all other persons, gangs, or sets of fishermen may have an equal chance while said fish are running. And that, should there be more than one person, gang, or s< '. of fishermen or others, desirous to make trials, or take theii- chance of taking fish, nt one nnd the same place, that in such case each gang having seines shall sweep or otherwise have tlieir seine in the river for a like half-hour. Those who come to the place first, to be considered as having the right of the first cast or sweep, and so on, as they come, one set after the other. And any set whose turn it may happen to l)e that do not choose to take a cast or sweep, but |)refer waiting till others have done, must be obliged to wait until all other persons, sets, or gangs, have gone through in turn, unless when the fish are slack of running, and it be agreed on by all the sets or gangs to .stop a while to let the fish conic in plenty, then the person, set, or yaug, whose turn it should have been, must have his or their cast or sweep equally the same as if no stoppage had been agreed on. III. Any sets or gangs in boats or gondolas, put into the said river for the purpose of fishing or caU-hing fish, tliut may happen to be at the same place where others are with their seines on shore, to observe the same rules as those on shore, and as mentioned in the second clause. IV. That no person or persons whatsoever shall beat or splash with oars, staves, or any other thing or article whatsoever, in or upon the waier, or in any way force the fish into their seine or seines, and shall fairly and properly lower their seine or seines into the water, and make a fair sweep when the fish may be met without going quite across the river. V. That no dead fish, fish heads, or ofi'al, shall be left on the banks or shore of the river, and as it is known to be detrimental to the running of fish in the season for spawning the next year, the said dead fish, fish-heads, or offals shall not be thrown into the river, but every person, set, or gang, shall be obliged to dig holes on the shore sufticiently deep to bury the said offals of the fish caught by them daily, and have them eighteen inches below the surface of the ground when so buried. VI. That such persons, sets, or gangs, who wish to benefit by such fishery, and may be prevented by any proprietor or occupier of the lands on either side of the said river, to have room on the shore to place their barrels and salt, and to cure their fish ; such persons, sets, or gangs, may, during the season for catching fish, nmke use of each f '.de of the main road or highway at either end of the bridge, leaving a free passage in the centre of said road of at least twenty feet wide, for themselves to pass, taking core not to leave any dead fish, heads, or offals, or any other thing whatsoever, in the width of said twenty feet, that shall be deemed a nuisance. o 111 50 NOVA MCOriA VII. Thnt on Monday and Tucoiiiiil)lt* to nil perion* in the county who choose to tixh with !i(|uure and iicuo|V'iiets ; aUo that on other day* when M>inca are allowed to tie used, thnt nil ]H'nH>iis uiin^ aquarc and iiciMip-nets shall alio be allowed to tish on «aid days. VIII. Thnt no pcrxon whatever shall take tish in the river, either with seines, Hcoop, xqiinrr. or any other iieti, from Saturday mornini{ at sunrise until Monday morning at sunnse. IX. In order to give a fair and equal rhancc to all who fish with seines, no |iers«)n to be allowed to have more than one seine to four men, and thnt the Nuid men, if by order of their employers, or of their own rhoice, itlinll clianifp their seine, no advuntnf^e shall be taken by them to come in turn as n new set or (;anK, and shall stop until their time of tlie turn comes re;(ularly to them, as l>ut one set or gang, notwithstanding the numlier of seines owned by >'H\A set or ^ana;. .\. That said .Justices in Session do onler thnt nil such pi-rsoii or |>ersons neglecting or refusiiii; to ol)s<'rve and aiiide l)y these HcKulntions, slinll forfeit nnd pay forty shillingn for every otience, to be recovered of liim or them l)y com|)lnint of either of the over- seers, as the law directs, to wtioTii any person or |)anie shall l;c sul)ject to ii penalty of forty shillings for each and every offence, to be recovered ns aforesaid. Ami it is further onlired, that iii order to preserve the salmon fishery of the River St. ('roix, and south and west branch of the .\Ton, that no seine, net, pounds. fish-i;nrth, or other incumbrance, shall l>e at nny time set on any of the said rivers more than two-tliirds ncross the same, sons to leave n free passage for the salmon : nor sliall any seine or net 1r' drawn or swept across the whole river nt anv time, nor shall any pcrs m or jiersons beat or splash (ui the water so ns to fughten the salmon into their nets, nor shall any jierson or persons fish for salmon from sunrise on Saturdays until sunrise on Mondays, durin;; the season for taking' salmon. .XII. It is further ordered, that nny |H-rson or |)ersons who shall set or place his or their seines or nets across the river, contrary to these Ke^ulntions, shall be subject to a pennlty of ten pounds for encli and every otrciice, to be recovered oi a|)plicd as the law directs. It is further ordered, th.it the person or persons who nIwiII be guilty oi n breach of nny of the foregoing Kegulntiy the inspector, or by any other person or persons (who shall be guilty of u breach) on oath of a credible witness, before any one of Her Majesty's .Fustices of tiie town or county wherein the offence shall be coinniiited, one-half tluTec made, so that small fish may get through. By order of the Court. (Signed) E. F. IIahiilvo, Clerk of the Peace. * So in the original. 51 PICTOIJ. NOVA s('nv», Ac, of the county of I'ictou, Im< in foree, under iind by virtue of ehnpter ievcntecii of the Rtatutcii iMwsed in the iiixteenth yenr of the reixn of Her Mnjestv Uueen Victoria, entitled "An Act to amend chapter ninety-Jive of the Revised Stntu'teii," and nino of chapter ninetviivc of the Kcvined Statutes: — Ordered, that the limits of the several rivers in tlic county hereinafter mentioned siiidl l>e and extend to the rniints ami places hereinafter named, to wit: the Kast, Middle, and West rivers, to the liKht-hou^c in the harbour of Pictou ; Sutherland's river, French river, and Harney's river, from SavB^e Point to K'u^'n Head; Little Harbour, Baillic's briMik, to low-water mark on Oulf Shore ; Hig and Little rivers of Carriboo, from the upper or bi(( entrance to the little entrance of Carriboo harbour ; Toney rivers to low-water mark on the (lulf Shore ; and River John from Cape .lohn to Rocky Point. That all nets set beyond the limits fixed on the noundaries lu'tween the Rivers and and Sea Fishery, aloni; the shores of this county, shall be taken up, or be tied up to the hack rope, at distances not exceedini; one yard, from sunrise on Saturday to sunset on Monday, and all (lersons violatinj; these regidations sludl be prosecuted as the law tlirects. No salmon shall be taken in any manner between the first day of September and first day of March, in any of the rivers of this county, unless beyond the limits fixed as to extension of rivers towards the sea. That .fames Murdoch and Rotierv S. Lowden, Esquires, be overseers to carry the ul)ove Regulations re8|>ectiug the Shore or Bay Fishery into effect within the county. By order of Sessions. (Signed) J. W. Skinneh, Pictou, February 12, 1855. Clerk of the Peace. QUKENS. Ins or 'ct to a the law breach . shall »y the ith of a herein and the and said b other edilcn's Islai.d. same penal- side or xtcnded a ri<{ht banks teps to cted on case up ded to ng fish , which i)t shut ns how eace. Ucneral Sessions, January 1855. \. That no nets whatever shall be set or made use of for taking fish in any of the livers ill this county from and after sunset on Wednesday, until the following Tuesday morning before sunrise (except licensed nets, ns hereinafter mentioned), under a penalty of twenty shillings for eiicli and every oftence. IL That the length of the salmon-nets shall not exceed eighteen fathoms, that may be set within a line from F.astern Head to Moose Harbour, in Liverpool Harbour, and from the Western Head to Toby's Island, at Port Medway, or within the mouth of Broad river, or within Steward's Creek, at Port Mutton, and not less than five inches mesh, under a penalty of twenty shillings for each and every oficnce. in. That each fanuly be allowed to set one salmon-net only, and the owner's name be on the buoy, the surname at full length ; and that he put his buoy down by the tenth day of May ; and that no person shall be allowed to set in his own name, and in the lunno of any other j)erson, more than two saliiion-nets, the second of which shall be ixtually owned by the |H>rson whose name is on the buoy ; that in order to prevent the evasion ot this Regulation, if the warden of the river fishery, or any of his deputies, shall have any doubt of the ownership of such salmon-net or nets, such warden or deputies are hereby authorized to seize such net or nets, until the reported owner thereof, or a credible jiersoii in his behalf, shall, within twenty-four hours aft'.'r notice of svch seizure, make oath before a Justice of the IVace, in the j)resencc of said warden or deputy-warden, of the actual iiwnership thereof ; and in default of such proof, within the said twenty-four hours, such net or nets shall be forfeited and sold, and the proceeds thereof applied as the law directs ill cases of fines. For a breach of this Regulation, as regards the name on the l)uoy, penalty five shillings ; and for setting more than one net, penalty forty shillings. IV. That no sheer nets be allowed to be set in any of the rivers of this county, nor any nets set with stakes in the form of a pound, but all nets shall be set straight, under the |icnalty of not less than five |K)unds. V. That no dipping for alewivcs or other fish, be allowed fron» and after sunset on Wednesday, and before sunrise on Tuesday, or any other morning of the week before six o'clock, in any of the rivers of this county ; and that there shall be no fishing with nets for alewives in Port Medway river, between the Main Bridge at Mills Village, and Seely's Dam at Salter's Falls, on said river, from sunset on Wednesday until sunrise on Tuesday m'j.inng, under tlie penalty of not less than two pounds, and not to exceed five pounds for each offence. I li M ■ ^ i. J i'1 li-f ll:f j:.. J. 53 NOVA 8(M)'|"IA. VI. That no nets be left on the bridges or stages at any time, on the days on which fisli are prohibited to be caught, nor on other days, under a penalty of five shillings for each offence. VII. That no bait-nets shall be set from sunset on Wednesday until sunrise on Tuesday, except by those persons regularly and solely engaged in the cod fishery for the season, who may be permitted to take bait on the days excepted, by first obtaining a written license from Patrick Gough, at Liverpool, and Matthew ParK, at Port Medway ; the fee for such license to lie two shillings and sixpence ; and such license shall specify the place where and the number of nets to be set, and also the length of the nets and size of the mesh. Said nets shall not exceed twenty-five fathoms, and must have the owner's name on the buoy. No license to be transferable, but to be used only by the persons obtaining the same, or some of the crow actually engaged in fishing in the craft for which the license is obtained, under the penalty of twenty shillings for each offence. VIII. That all stakes and kellocks shall be taken up by the (lersons who put them down, inmiediately at the close of the fishery, and not to be put down again before the first Monday in March the following year, at noon, under the penalty of twenty shillings. IX. That no dog-fish, or offal of fish, or guerry, shall be thrown into the harbour of Liverpool, above Eastern Head or Moose Harbour, nor in Port Medway Harbour above Neil's Point, under the penalty of forty shillings for each otfence. X. That no set nets be attached to any of the dams in this county ; and no .speariii<; whatever of salmon be allowed in any of the rivers of this county, under the penalty of not less than one pound, nor over ten pounds. XI. That no salmon-net be set, or dipping for fish of any kind be allowed after the thirtieth day of July, under the penalty of five pounds for each offence. This regulation not to afifect salmon-nets setting nelow a line from Moose Harbour to the Eastern Head, in Liverpool Harbour, and from Western Head to Toby's Island, in the Harbour of Port Medway, which may be allowed to set any time of the year, from sunrise on Monday morning to sunset on Friday in each week. I XII. That no net of any kind be set above the aforesaid lines, of a longer mesh than two and three-quarter inches, previous to the fifteenth day of August, unless licensed by the warden of the river fishery. This regulation to be of force also for Port Medway Harbour, and agreeably to the line defined in said harbour, under the penalty of not less than twenty shillings for each ofl^ence. XIII. That Indians be allowed to dip fish from their canoes, subject to the foregoing Regulations, and tiuit the large rock at Hear Falls on the Port Medway river be and is hereby rcsencd to the full free use of the Indians, fur the purpose of fishnig on each day that fish are allowed to be taken. XIV. That at Port Jollie all nets shall be set in no other way and place than up and down on the west side of the river ; said nets to be fifty feet apart, of this section, twenty shillings. Penalty for a breach XV. That no eel-pots shall be set at the tail of any mill in any |)art of the Liverpool and Port Medway rivers, from the first day of .\pril to the first day of October in every year. Penalty for a breach of this Regulation, twenty shillings. XVI. That on Tuesday and Wednesday in each week, from sunrise to sunset of each dav, the inhabitants of this county shall be allowed to freely fish in anv of the rivers or streams in this county, with the exception of spearing salmon. XVII. That no person shall, by sweeping with net or seine, take or attempt to take, any salmon in any river, stream, lake, or water-course in this v;ounty, above where the tide rises and falls, under a penalty of a sum not exceeding ten pounds. Hy order of the Sessions. (Signed) William Brydbn, Clerk of the Peace. SYDNEY It is ordered, that no salmon-net or nets be mouth outside, nor any net or nets be set inside. (Signed) General Sessions, January 7, IH.'iS. set within half-a-mile of the harbour's Jamrr Wilkie, Clerk of the Peace. 03 NOVA SCOTIA. COLCHESTER. RivKR Fishery Regulations. That no jierson shall be allowed to set a wear across any channel or low ground where wears have formerly been placed (except such persons as have occupied said ground before), at a less distance than half-n-milc above said wear. This order to take effect l)etween Little Dyke, in Londonderry, and the county line at Five Islands. That no person shall be allowed to set out a greater number of cod-hooks than one gross between Little Dyke and the county line at Five Islands. No person shall violate this order, (Signed) Joseph Dickson, Clerk of the Peace, Colchester, COUNTY OF HALIFAX. Court of Quarter Sessions, June Term, 1851. The following Rules and Regulations for the salmon fishery at Sheet Hiirbour having been this day submitted to the Board, the same are confirmed, and ordered to be in force from this date : — I. Thatjthe following Rules and ReguLitloTis shall extend and be in force from Campbell Cove, situated to the north- eastward of the eastern passage into Sheet Harbour, and west- wardly to Giffard's Island, situated to the western entrance of said harbour, including Hosier's Island, and the several islands within said limits ; also the bay, harbour, and rivers of Shci't Harbour. II. That each salmon-net to he set within said limits shall not exceed the length of forty-five fathoms, with five fathoms additional to sheer, and no more, and that no more than one of such nets shall be set in any one salmon-berth ; also each net not to exceed the depth of forty meshes. III. That the time for setting of salmon-nets and commencing salmon fishery, shall he the tenth day of May in each year, and to continue until the tenth day of July in the same year, and no longer. IV. Tliat each proprietor of land shall hold two proprietor's berths on said land, and no more, and that all saltnon-nets shall be set at the distance of one quarter of a mile apart, and no nearer, except proprietor's berths. V. That no bag -net, or any other description of net or seine for the taking of salmon, shall be set or moored within the limits of these Rules and Regulations, except such as are already described, and that no person, not being an inhabitant within these limits, shall be entitled to carry on the salmon fishery in this place, without the consent of the several overseers of the fisheries in this place, and to be subject to these Rules and Regulations. VI. That each owner of mills on the several rivers of this place shall put, or cause to be put, on the upper end of each mill-race or floome of such mill, a good and sufficient grating to be nindi- of hariKvood or iron l);ir'i. to be approved of by the overseers of the fisheries in this place ; the same to be placed and secured on or before the first day of May in each year, and to continue until the tl:ii'teenth day of October in the same year, and that one- third of width of each stream or river shall be left clear of any incumbrance whatever. VII. That the following persons be overseers of fisheries in this place for the present year, and until the appointment of others in their place, viz.: Daniel Wright, John Whitman, and Patrick Murphy; and that the penalty for breach of any of these Rules and Regulations shall be the sum of twenty shillings for each and every offence, in addition to the forfeiture of the offender's net or nets in all cases after the first offence ; one half to the prosecutor, and the other half to the overseers of the poor, for the benefit of the poor in this place, the same to be sued for and recovered as in cases of common debt, provided that no penalty be sued for after the expiration of one year from date of the offence. VIII. That on complaint being made to any one of the overseers of the fisheries in this place, he shall proceed immediately to inquire into cause of such complaint, and for non-attendance to such duty he shall be liable to the penalty set forth in these Rules and Regulations, for each and every such neglect of duty ; and it shall and may be lawful for such overseers in case of breach of anv one of these rules to lift and take the offender's net P M NOVA SCOTIA, or nets out of the water, and keep them in possession till such offender shall comply with — these Rules and Regulations, such offender to pay the expense of so doing on delivery of his nets. IX. That the foregoing Rules and Regulationu shall be in force from the first day of May in the present year, and to continue in force until the same shall be altered by a public meeting called for that purpose. COUNTY OF GUYSBOROUGH. Ui^ I :;i The foUowini; Regulations were adopted by the Court of General Sessions of the Peace for the district of St. Mary's, July Term, 1853, fur the regulating of the river fisheries in St. Mary's river: That the bounds within which the river fisheries shall lie conducted in the said St. Mary's river, shall be from the out end of Shag Point at the mouth of the river, to extend up the river to the county line of Halifax county, up the west branch of St. Mary's river to the county line of Pictou county, up the east branch of said river, and to the county line of Sydney county up the Antigonish branch. That the nets set in the said river from Shag Point to the county lines as above described, shall be taken up before sunset on Friday evening, and not ngain set until Monday morning after sunrise, during the tishins; season, viz., from the thirty-first day of March to the thirtieth day of July following, in each and every year. That the warden, his deputies, or overseers of the fisheries are hereby authorised to take any net or nets he or they may find illegally set, or not taken up at the time before mentioned, and the person or persons so violating these Regulations shall pay to the said warden, his deputies, or overseers of the fisheries, a sum not less than ten shillings nor more than ten pounds ; and if the owner of such net so taken up shall refuse to pay his fine, the same shall he sued for and collected as a civil debt, according to the late Act of the River Fisheries, Section 4, Session 1853. That no net set in the river shall extend more than one-third the distance across the channel of said river in a straight line. That no net shall Im; set nearer than two hundred yards from any other net set in the river That no net set in the lakes above the head of the tide shall be longer than twenty-five fathoms. (Signed) A. P. McKbnzie, Clerk of the Peace, District St. Mary's. M fc! Court of Quarter Sessions, March Term, 1856. Halifax, ss. County. At the Court of General Quarter Sessions, held tliis day, the following were established as the boundaries and limits for the various rivers in this county, and likewise the Rules and Regulations relative to setting nets, wires, &p., thoroin, iigrceably to and in accordance with the Act regulating the river fisheries, and ordered to be in force from the date hereof. Dated at Halifax, this ISth day of March, ]8.5ri. By the Court, (Signed) Jambs S. Clakkk, Clerk of the Peace. Ecum Secum. — Shipley's Hctid, F^ast ; Western Mead, West. Necum Chaugh or Mosher's River— Smith Beath, Kast ; Indian Island, West. Quaddy River. — Nolan's Point, West ; Harbour Island, Kust. Beaver Harbour, Salmon River.— Harbour Rock, Kast ; Big Black Rock, West. Sheet Harbour. — Taylor's Kast, to pass Monrou Island, until it strikes a south line from Campl)ell's Cove. Tangier River. — Hog Island Point, Kast; Tangier Point, West. Ship Harl ur, Charles' River.— Steps Point, \Ve.st ; Big Seal Island, East. Newcomb's Brook, Shij) Hsrhour. — Otter Island to Jacob Tracey's bounds on fence, north side. Jedore River. — The bridge on east side of road. Salmon River, Preston. — Lawrencetown Beach. Little Preston River, Cole Harlwur.— Conrad's Beach, in u direct line to the western shore. Chezetcook River. — Cape Antrim, West, Story's Point, East. Mustjuodoboit River. — Jeddore Head, East; Dunn's Rocks, West. Prospect River. — Kelly's Point, West ; The Roost, East. Pennant Bay. — From a cluster of rocks lying north from Martin's Wharf to Jacob Marriott's land west in a direct line. 55 Cow Bay River.— Phillis Point, West; Red Head, East. NOVA StOIIA. Sackvillc River. — ^The southern points of the Narrows; Halifax Harbour above Richmond. Shag Bay River.— Black Point, West ; Shag Day Head, East. Hosier's River.— John Umlah's, Southern; William Maginey's, North, extreme outerpoints. North East River. — Slauc. white's Point; Dufiie's Head. Indian River. — Duffie's Point to Slauenwhite's Point. Ingraham's River.— From Seal Point to the outside southern end of Black Point. Hubbart's Cove. — Dauphiney's southern point to opposite shore west. Rules and Regulations relative to Setting of Nets, Wears, &c., in the various Rivers in the County of Halifax. I. That all salmon or other nets set within the limits of rivers as defined by order of Sessions, shall be lifted by sunset on Friday, and not be again set until sunrise on T;!onday, under a penalty, on conviction, of not less than ten pounds, for each offence. In salt-water nets may be tied to head-rope, at a distance not exceeding two yards apart. II. No sweeping with nets to be allowed for gaspereaux or any other fish within the limits of rivers, from Thursday 'at sunset, until Monday at sunrise, under a penalty of or not less than three, or more than ten pounds for each offence. III. No wears to be set in any way so as to obstruct the free run of fish at any time, under a penalty of not less than three, or more than ten pounds, for each offence. n DISTRICT OF ARGYLE. Fishery Rboulations. General Sessions of the Peace, April Term, 1856. The Court of Genera' i > :3 of the Peace for the District of Argyle, agreeably to the Act passed on the th .v :' > of March last, appointed three Justices a Committee, who, with three Councillors appointed by the Municipal Council of Yarmouth, made and ordered that the following Regulations be and are hereby made the Regulations for the fiisheries of Tuskct river luid its branches in which the District of Argyle and the other parts of the county are jointly interested, for the ensuing year, viz. : — I. That no net of any description he set or drawn over more than one-third of the channels of said -river or its l)ranches, under the penalty of three pounds for each offence, and forfeiture of all nets found setting contrar)' to this section. II. That no wears or garths for the purpose of catching fish in Tusket river below Hatfield's Falls extend below low-water mark, so as to interfere with the channel of saiil river, and shall be open for the free passage of fish from Friday morning at sunrise until Monday morning at sunrise, and to be taken up on or before the fifteenth day of November, under the penalty of three pounds. Any person convicted of shutting or closing said wears or garths, or of taking fish out of the same from Friday morning at sunrise until Monday morning at sunrise, shall pay a penalty of three pounds for each offence, and all fish thus caught to l>e forfeited. III. That no salmon-wears or wings be l)uilt on said river, under the penalty of three pounds, and all nets found set at the wing or wings of any wear shall be forfeited. IV. That no wear shall have a gate or gates open up stream to take fish coming down, before the fourth day of June, under the penalty of three pounds for each offence. V. That no sabnon be caught from the first day of September to tlie first day of March, u.iJcr the penalty of three pounds. VI. Tliat no nets be set nearer than fifty yards of the foot of any falls on Tusket river after the first day of May, under the penalty of three pounds and forfeiture of nets. VII. That no fish be taken within forty feet below any mill-dam, under the penalty of three pounds and the fish forfeited. VIII. That no person or persons shall take or attempt to take fish in any way or manner in the Tusket river and the branches thereof from Friday morning at sunrise to Monday morning at sunrise, under the penalty of three fiounds and forfeiture of fish and implements used in catching them. r:!i i;Hi 56 NOV A SCOTIA. IX. That no salinon-neU J)e set nearer together on the same side of the river or its brandies than one hundred yards, and no lierring-nets shall lie set below a salmon-net nearer than ten yards, and no two herring-iiPts shall be set nearer together than eighty yards on the same side of the river, excepting they arc owned by the same person, under the penalty of twenty shiiUi-.^j for each offence. X. That Tuskct river generally shall be kept ojien thirty feet wide (but not to apply to mill-dam gates, or tish-staiids, as nt present erected), Reynard's Falls ten feet wide, and Salmon river ten feet wide, during the whole year; and the little brunch of the Forks ten feet wide until the tirst day of June, under the penalty of three pounds and forfeiture of fish caught contrary to this Regulation. XI. That all mill-dams on the Tusket river and branches thereof (except the salmon river), be opened for the free jiassage of fish on or before the twelfth day of May, and continue open until the twentieth day of July, under a penalty of three pounds for each offence. And also all the said dams, or a sufficient passage, shall be kept open from the twentieth day of July until the last day of October following, for the free passage of the young fish down to the salt water or sea, untlcr the penalty of three |K)unds. XII. That Tusket river shall be considered to extend (for the purpose of the fisheries) to the south side of Birch Island. XIII. That no person owning lands upon said river or any of its branches, shall, upon any pretence whatsoever, fell trees info said river or the branches thereof, or suffer others to throw brush, slabs, or stavis into said river or branches thereof in front of their lands or premises so as to ol)struct the free pHSsa>;e of the fish, on penalty of twenty shillings for each and everv offence. ■■"i ill XIV. That the |)ernussion of the overseers shall not be required for the carrying down of timber and other articles ; if any timber remaining in said river be not forthwith removed, the offender or offenders shall incur the penalty of three pounds for each offence, unless reasonable cause be shown to the contrary before the Justices liefore whom the penalty shall be sued for. XV. That the whole of Tuskct river and its branches shall be deemed free for the public for fishing with scoop-nets, except the stands now reserved for owners of 'he land, l)ut with no other net or implement, under the restrictions hereinafter mentioned: in Hatfield's Falls, Jarob Hatfield shall have two stands of thirty feet in length each, eight feet in breadth, which eight feet are to be considered dear of the front of the boat or works from which the fish arc caught, and to extend the length of thirty feet aforesaid of his choosing, to make known his choice to any of the overseers of the fishery in two days after notice of the Regulations, and in any other year on or before the twentieth day of .\pril ; also, Cornelius Van Norden shall have two stands of the same description as last stated, and John WcmkI shall have two shares nt said falls of the same description ; also, Feler llurlburt two stands of same «lescription ; also, at Reynard's Falls, Job Reynard shall have two stands, and William llurlburt two stands as before ilcscribed ; at Ciiivel's Falls, James Hatfield shall have two stands, as before ileseribed, on his side of the river, and John Gavel two stands on iiis side of the river ; and also that the widow Sarah Hatfield be allowed two stands in front of her premises between the bank of the river and the edge of the channel on the western sidi- of Hatfield's Falls and below the mill at Howitt's ; also, Edward Raynard one stand at the Rock in llurlburt's Falls; and any person or persons who shall molest or disturb or encroach upon any of the persons mentioned in this clause in the several above-described situations siiall forfeit for each offeix-e the sum of twenty shillings, and also if any of the owners of llic land herein mentioned shall molest any [lerson fishing elsewhere, the jierson so offending shall forfeit for each offeiu-e the sum of twenty shillmgs. XV'I. That every boat anchoring or mooring in streams for the purpose of scooping tish, shall, after she is loaded, give way ininiediati'ly to others to take their place in rota- tion ; and, to prevent the intent of this clause Ixing defeated, no person or persons shall shift i)r [jut the fish caught in one boat into another, nor shall put any salt to any fish in said boat, utuler the penalty of twenty shillings for each offence. XVII. That no person or persons shall molest another who is fishing agreeable to these Regulations by hauling in boats or putting out poles, to disturb persons fishing in any other way or manner wliutsoever, so as to hinder them from taking fish, under the penalty of twenty shillings for each offence. XVIII. That Tusket river shall be kept open its whole width between the fishing- stands of Jacob Wood and Hugh N. Hatfield as now established. XI.X. That when the river be contracted to twenty feet in width, no boat sholl be allowed to anchor or lay within said twenty leet, but the same shall be kept open at all 57 times free from all incumbrances ; and whenever Salmon River or Reynard's Falls shall be NOVA SCOTIA. contiscted to ten feet, the same regulations shall be observed ; the little branch at the Forks shall be under the same regulations when contracted to six feet, under the penalty of twenty shillings fur each offence. XX. That the branches on the east side of the island in the falls, called Bennett's Falls, l)e considered bram-lios of Ttisket river, and shall be under the same rej^ulutions and |ienalties as any of the Inanvhes of Tiisket river. XXI. That no wean or garths whatsoever shall be built across said river or any of the branches thereof; and any person or persons who shall be caught fishing, or taking any fish out of any flume or wear built across said river or branches thereof as aforesaid, shall be deemed the builders thereof, and pay a fine of three pounds each person, and shall forfeit all fish so caught. XXII. That no flumes or eel-pot shall be set anywhere upon Tusket river or any of the branches tluireof above Ilutfiela's Falls, under the penalty of twenty shillings for each offence, excepting Ilurlburt's Falls, where eel-pots ni.iy l)e set with their mouths down stream. XXIII. Tlint no floor be made in the branch of the said river called Salmon river, of timber, plank, or boards, or any other article, except tlic mill-dams across the said river, under the penalty of three pounds. XXIV. That the waste-gates and water-ways made in the mill-dams across the said river be free for the fisli to pass through the same, and no person shall take any fish on the eastern side of the said river between Kinney's Mill-dam and the north line of William Wyman's, under the penalty of three pounds for each offence. The said gates shall be o|>cne(l from first e set or placed only on one side of such river, streau), lake, or water-course, and at such times as shall be fixed by the Regulations of the Sessions. No stake, seine, wear, net, or other contrivance for taking salmon siiall he set or placed within one quarter of a mile next behtw any mill or dam erected across any such river, stream, or water-course, and no net for taking salmon shall extend more than one-third of the distance in a straight line across such river, stream, or water-course. • See 3rd Sectiou of 18 Vict., cap. 1. patfi- (il. 'i ' XI. Any person who shall vioUUi the provisions of the last section shall forfeit NDVA SCOTIA. a sum not exceeding ten pound*, and, in addition, all spears, implements, canoes, hoats, nets, seines, weara, and other contrivances used or employed in, about, or preparatory to the taking of salmon contrary to the preceding section, or to any orders of Sessions made or to be made thereunder, shall be liable to forfeiture, and the same may be seized at once under warrant of any Justice and detained until the trial of the offender, when they maybe declared forfeited, and ordered to l)e sold at public auction. If, upon appeal from the judgment uf the Justice, the owner or possessor of the articles so declarea forfeited shall give security to pay into such Justice's hands the value thereof, to be by him estimated. In case the judgment appealed from shall be confirmed, then such owner or possessor shall be entitled to their immediate restoration. XII. Every person discovered at night with a spear and torch, or a torch only, in or about any river, stream, lake, or water-course, above the rise and fall of the tide, either in a boat, or canoe, or otherwise, and apparently equipped for uking or spearing salmon, shall l>e considered in the act of spearing salmon, and the burthen of disproving the same shall be upon the party so discovered. XIII. The Regulations of Sessions relative to the fisheries nut being deep-sea fisheries in force at the time this chapter comea into operation. ' all remain in force for one vear thereafter, unless previously altered by the S>j<<- is. 16 Vict., Cap. XVII. An Act to amend Chapter XCV of the Revised Statutes : " Of River Fisheries." [Passed the 4th day of April, a. u. 1833.] Be it enacted, by the Governor, Council, and Assembly, as follows : I. No salmon shall be taken in any manner between the thirtieth day of July and the first day of March in each year, in any of the rivers of this Province, except in salt water, below luw-water sea mark, under a penalty of twenty pounds. II. Whoever shall take any salmon after sunset on Friday, and before sunrise on Monday, in any of the rivers of this Province, shall forfeit and pay twenty shillings ; and whoever shall purchase, or ofi'er for sale, any salmon taken in such rivers, between the thirtieth day of July and the first day of Marnh, shall forfeit and pay twenty shillings. III. The Governor in Council may appoint wardens of the river fisheries in the several counties of this Province, whose duty it shall be to appoint deputies, and to watch over and protect such fisheries, and to enforce all the provisions of the Law, and the Rules and Regulations of the Sessions, with relation to such fisiieries : which wardens shall l)e subjcrt to the directions of the Governor in Council, and shall be liable to a penalty not exceeding ten pounds for misconduct or neglect of duty. IX. All fines and penalties imposed by this Act, shall and may be recovered as in cases of delit, before any Justice of the Peace, with costs, and when recovered shall be paid into the (H>unty treasury, and appropriated, one-half to the warden who instituted the proceedings for the recovery of such fines and penalties, and the other half to the use of the county. V. Nothing herein contained shall prevent the wardens or their deputies from being competent witnesses on any proceedings for the recovery of any such fines or penalties, by reason of their beiiii; entitled to any portion thereof. VI. The wardens, in addition to their proportion of such fines and penalties, shall respectively dcniond and receive from the provincial treasury the sum of twenty-tive pounds annually. VII. In every dam now or hereafter to lie constructed on any streams or rivers resorted to by fish (mm the sea, for the purpose of spawning, a proper and suitable tishway, of such dimensions us the warden shall direct, shall be made and kept open. VIII. The wardens and their deputies shall examine all rivers, streams, li'.kcs, brooks, and mill-ponds, so resorted to by fish from the sea, for the purpose of spawning ; and in case any niill-dum erection, nuinanct; or obstruction, or any slabs, ))oards, stones, ur other tilings injiiriou.. to the fisiieiies, shall be constructed, made, or placed, or' suffered to be or remain in, upon, over or across the same, by which fish cannot freely pass and repass, it shall be the duty of such wardens or deputies to report the fact in writing, under oath, to any Justice of the Peace in the county. 'hi 60 NOVA SCO riA. IX. The Justices of the Peace to whom such complaint shall be made, shall forthwith notify the Clerk of the Pence, and • Special Sessions of three or more Justices shall thereupon be convened, and such Special Sessions shall examine into such complaint, and if the same be well grounded tliey snail, by an order in writing, direct the person offending to remove the obstruction complained of within a limited time ; and such Special Sessions may also impose upon tlieiMrty so offendinj; a fine of not less than two pounds, or more than ten |)ounds for eacii offence, together with costs to bo taxed by sucii Special Sessions. X. Such S|)ecial Sessions shall and may, by warrant under their hands and seals, direct either the warden or the sheriff of the county, or both, within a certain limited l>eriod, to remove the nuisance or obstruction complained of; and every iierson called upon by such warden or sheriff, is hercbv required to aid and assist such officers in carrying out the directions of such warrant, under a penalty of not less than one pound nor more than five pounds. XI. If any person convicted under this Act shall neglect or refuse to pay the fines and penalties imposed, and costs, the Special Sessions may issue their warrant for enforcing payment thereof by sale of the personal property of such |)erson, and in default of payment such |)erson shall Ixi committed to the gaol of the county for the space of three months, or until he shall have {wid such tine and costs. XII. Any jiersoii who shall feel himself aggrieved by any judgment or conviction under this Act, may appeal, on giving security to abide the event of suci appeal, to the next General Sessions, who shall hear and deterniinu such appeal, and make Nuch final order as they shall see tit. XIII. The Sessions nrc authorised to ilefine the Iwunds within which the fisheries shall be conducted within the rivers in this Province ; and how far such rivers shall be considered to extend towards the sea. XIV. Sections II, III. IV, V and IX, of chapter ninety-five of the Revised Statutes, " Of River Fisheries," are hereby repealed. Note. — The firat section of the foregoing Act has been repealed. An 17 Vict., Cap. XXIV. An Act relating; to the River Fisheries. I !? ■ " * [Passed the .)rd day of April 1854.] Be it enacted by the (lovernor. Council, and Assembly as follows: — I. The Sessions, on application by petition of twenty freeholders of the county, stating that the provisions of sections two, three, four, and live, of cha|)ter ninety-five of the Revised Statutes, cannot he carried out in reference to nny particular stream, or part of a stream, without destruction of, or the most serious damage to, mill-property situate thereon, and ))myinjj; exemption as regards such stream, or part of a stream, from the provisions of such sections, may .ippoint three disinterested freeholders of the county to repair to the spot and examine into the trutli of tiic allegations of such petition. Such freehoUlers before actini; shall l)e sworn by a Justice to the faithful discharge of their duty, and on making their report shall file the same with the Clerk of the Peace for the county, who shall, it the same be favourable to tlie prayer of the petition, ]H)st notices containing the substance of the report in at least six public |)Iaccs in the county, for the space of thirty doys before the next sessions. II. At the next sessions the proceedings may be considered and objections heard, if any shall be made thereto, and the Sessions simll disaUow or confirm the report, which, if confirmed, shall be recorded, and thereafter the stream, or part of stream, to which such proceedings relate, shall Im; exempt from the operation uf the sections in the last clause named. III. The ex|)enses of the freeholders ap|)ointed by the Sessions shall be taxed by the Court, and borne by the petitioners. IV. Section I of the Act to amend chopler ninety-five of the Revised Statutes i.s hereby repealed, and hereafter the time for the takinu' of salmon in any of the rivers of this province, except in salt water, bilow low-water mark, sliall be regulated by the Sessions. Until the next Ucncral Sessions meet, such reguiutiuns may be made at u Special Session convened for the purpose. Noi-K.—The 6r8t section of the foregoing A(t i« aincndni Ijy the .\ct cap. 30, of 1835. 61 heard, if whicli, if rliicli such lost clauie :ed by the Statutes in ers of tliis Sessions. al Sesrovince is affected thereby, then tlie Governor of this province may, if he see fit, declare such suspension by proclamation, after which the exemption from duty under this .\ct shall rease while such suspension shall continue, but the (lovernor inav again, whenever kucIi suxpensiun shall cease, declare tlie same by proclamation, from anil after which sui'h exemption shall again take effect. II. It shall he lawful for the Governor in Council, by any order or orders to be made fur that purpose, to do anything further in accordance with tlie sjiirit and intention of the Treaty, which shall be found necessary to be done on the part of this province to give full effect to the Treaty, and any such order shall have the same effect as if the object thereof were expressly provided for by this Act. III. When and so sii as the Treaty shall be declared liy proclumation of the Governor to be in force, and to have taken effect according to the terms thereof, as provided for by the first section of this Act, the first eighteen sections of the ninety-fourth chapter of the Revised Statutes, "Of the (Joast Fisheries," together with such provisions of all other Laws, Acts, or Statutes of this province now in force as are contrary to or incon- sistent with the terms and spirit of the Treaty, are hereby declared to be suspended as regards citizens and inhabitants of the United States of America, and vessels, boats, and crafts belonging to the citizens and inhabitants of that country, and shall continue to be so suspended and not in force so long us the Treaty shall continue and be in force, any Law, Act, or Statute to the contrary notwithstanding. Schedule to this Act. Grain, flour, and bread-stuffs of all kinds. Animals of nil kinds. Fresh, sn:okcd, and salted meats. Cotton-wool, seeds, and vegetables. Undried fruits, dried fruits. Fish of nil kinds. Products of fish, and all other creatures living in the water. Poultry, eggs. Hides, furs, skins, or tails, undressed. Stone or marble in its crude or unwrought state. Slate. Butter, cheese, tallow. Lard, horns, manures. Ores of metals of all kinds. Cool. Pitch, tar, turpentine, ashes. Timber and lumber of all kinds, round, hewed, and sawed, unmanufactured in whok or in part. Firc-wdod, plants, shrubs, and trees. Pelts, wool. Fish-oil. Rice, briDMi, cirii, and bark. Gypsum, ground or nn-.'round. Hewn, wrouglit, or unwrought burr or grindstones. Dye-stuffs. Flax, hemp, and tow, unmanufnctured. Unmanufactured tobacco. Rags. NOVA SCOTIA. It n '■'1 \. n iS6. R :ii NOVA 8COTIA. Proclamation. Provinoe of I Nova Scotia. I By hii ExreUency Colonel Sir John Gaspard le Marchant, Knight, Knii(ht Commander of the Ordert of Saint Ferdinand, and of Charles the Third of 8imin, Lieutenant- Governor and Commander-in-chief in and over Her Majesty'i Provir.ce of Nova Scotia and its Dependencies, Hic, Ike, &c. Whereas the Legislature of the said province did, on the thirteenth day of December last, pass an Act entitled " An Act for giving effect, on the part of the Prwvince of Nova Hootia, to a certain Treaty between Her Majesty snd the United States of America)" Now, therefore, in pursuance of the authority to me granted by the said Act, and for the purpose of giving ftilf effect, on the part of the said province, to the skid Treaty, I do, by tnis Prudamation, declare that the said Treaty has taken effect according to the terms thereof, whereof all persons whom it may concern are to take notice, and govern themselves accordingly. Given under my hand and seal at arms, at Halifax, this twenty-first day of March, A.D. 1855, and in the eighteenth year of Her Majesty's reign. By his Rxcellc y's command, (Signed) Lkwis Mohru Wilkins. rL.S.) J. Oaspard lb Marchant. 18 Vict., Cap. XXX. An Act to Amend the Act relating to the River Fisheriei. [Passed 2nd day of April, 1855. ] Be it enacted by the Governor, Council, and Assembly, as follows : — I. The first section of the Act passed in the seventeenth year of Her Majesty's reign, entitled " An Act relating to the River Fisheries," is hereby amended as follows : — The petition of the twenty freeholders shall, instead of the statement required by such section, set forth that the provisions of sections seven, eight, nine, and ten of Act passed in the sixteenth vear of Her Majesty's reign, entitled " An Act to amend chapter ninety-five of the Revised Statutes, ' Of River Fisheries,' " cannot lie carried out in reference to any particular stream, or part of a stream, without the consequences in that section set forth, and the residue of such section and the other sections of the Act shall be construed and operate in the same manner as if such first section had originally stood as hereby amended. 1 certify that the within collection of the Acts of this province for the preservation of the fisheries is complete and authentic ; the first eighteen sections of chapter ninety-four of the Revised Statutes being suspended as to American fishermen by tlie eighteenth Victoria, chapter one. (Signed) W. Youno, Halifax, September 6, 1856. Attorney-General. Ill ammander of Lieutenant- '.ce of Nova if Dece miter nee of Nova erica:" Act, and for Treaty, I do, :o the term* n themaeWu PRINCE KDWAHI) ISLAM). I 1 .M i>KiN( i: i:mvAun island. PRIN( K KDWAHI) ISI.VM) No. 5. Mk, No. 5. Copy of n DKSPATCII from Lifuteimnt Oovemor Dalv to Sir W. Mol.BHWOKTII. (loveriuuenl llousi-, Priiurt" Edward Inlnnd, Odohtr 1(». 185.'). (ItecciviHi NovimlMT ."i, ISS.V) Jx (•(niipliiiiici' with the directions cftiitiiiiicd in your di-i|mtcli of Aug;nst 3, No. 2, I havi' the lioiiour of tninsinittin>; to you tlii' i-iu-lo-cd uutiiiMUic coitit's of all till' \M\\!y and Kij^ulivtions in force in this Island for tlic preservation of the Fisheries, with the ;'>les of wind or .stressor weather shall reiuicr it iinpractieible or endanger the life of any person or persons lo remove such net or nets in the daytime as may lia.'e been jtreviously set. II. .\iid be it enacted, that any |)ersoii or persons who shall wilfully or designedly injure or destroy any net or nets set (»r j)laeed for the pur|)oses aforesaid, and properly buoy. (I or secured, shall for every suidi oUcncc forfeit and pay to the party injured a sum not CXI e (ling five pounds, together with rca'.onable costs, to be recovered as hereinafter or nliuned. I the ye< or aeri sueh si n Act,ih of I lei Debts, have bi and if otfende for a |W of any island, V. the pasi .V«seml 06 III. And he it enacted, that any periun or iwrHoni who ihall, at any lime ur trawiti i.f the year, «et anv nets ur aeinei acroiiB the mouths or outlctx of any Rtrcainii in th)!« island, or arroM any otlicr imrt of such itreamii, so iw to pruvvnt Hsh from passing into iind u|) such streanii, shall l)e liable to u peniilty not rxet-cding five |)uun(li. IV. And l»c it ennrti-d, thnt uH tini-s und penalties ariaiiiK under or by virtue nf \\,\t .\rt. shall he recovered, with costs, on the oaths of two crcdil)le witnesses, before iinv one of Her Majesty's Justices of the Peace, or a t'oniniissioner for the Recovery of Smull Debts, beiiiK a Justice or ComniiNsioner for the eo\uity or district wherein the offeiiee nIioII have been commitlcd, and shall be pitid to the party who may sue for niul recover tlie same ; and if goods and chattels cannot be found whereon to levy such tines and eosts, then tlie offender sliall be conintitted to the i ■crow moullii, he., ol (tnianin or uthrr part* Ui |>rvvriit aarly not reuiovinjr neis on notice, &c. Unless prevented bv itre>>s of weathvr. i 11 I'RIMCE RDWARD ISLAND. Penalty on (lersoii wilfully (leitroying or injuring net*. Regulate* the aetting of iiidckprel neta, and the diitanee at wliirh ihtj may be fet. Diltanre* at wliirh such nets arc to hi' set from each other, Jlrc. Prnalty on persons offending herein or against last pre- ceding section. Distance at which nets are lo h« i>et from low water- mark when a seine shall be in use at the same place. No person to lay hold of seine, fasten boat thereto, or dip 6sh therefrom, without consent of Penalty for offfnd- iog herein. Mode of recovery of penalties im- posed by this Act. To whom payable. Offender to be imprisoned if no goods or chattels can be found to levy upon for penalty. Continuance of Act. 66 II. And he it enacted, that any person or persons who shall wilfully or designedly injure or destroy any net or nets set nr placed for the purposes aforesaid, and properly buoyed or secured, shall, for every such offence, forfeit and p«y to the party injured a nim not excecdinir five pounds, together with reasonable costs, to- be re(»vered as hereinafter mentioned III. .\iul l)e it enacted, that no |>er8on or persons shall hereafter set or place either one or more nets, the length of which shall exceed forty-five fathoms affixed or joined together, on any part of the bays, shores, harbours, or rivers of this island ; and every person who mav set or place one or more nets therein, of the length aforesaid, shall leave a space of at least sixty fathoms lietween each and every net or length of nets, when connected ns aforesaid, that the course or passage of mackerel or other fish may not be hindered or obstriicted thereby. IV. .\iioat or boats to any seine or seines enclosing, encircling, or containing any mackerel or other fish on the hauling-grounds of this island, or presunie to dip any fish from and out of any seine or seines that may be there hauled, until the owner or owners of such seine, or other person having the charge and management thereof, shall publicly declare his assent thereto, or give his permission to such person or persons to dip and take fish thereout, under a |)enalty not exceeding twenty shillings for the first offence, nor exceeding fifty shillings for every subsequent offence. VII. And be it enacted, that all fines and jienahies arising under and by virtue of this Act shall l)c recovered, with costs, on the oath of (at least) one credible witness, before any one of Her Majesty's Justices of the Peace or Commissioners for the recovery of Small Debts, being a .Justice or Commissioner for the county or district wherein (or off the shores of which) the offence shall have l>eeii committed, and shall be paid to the party who may sue for and recover the same; and if goods and chattels cannot be found whereon to levy such fines and costs, then the offender shall be committed to the gaol of the county wherein the offence, as Iwfore stated, was committed, for u period not exceeding sixty days, there to remain, witlinut being entitled to the lienefit of any Act made for the relief of insolvent debtors, or for granting the limits of gaols in this island. VIII. And be it enacted, that this \ct shall continue and l>e in force for ten years from the |>assing thereof, and from thence to the end of the then next Session m the (Jeneral Assembly, and no loiisjer. 15 VicT., Cap. XLII. ItVM An Act relating to the AltfVrives and other Fisheries, and the appointment of Protectors or Overseers of Fisheries ; and to prohibit the taking of Salmon after a certain period of the year, and for other puqioaes therein mentioned. [Passed April ;i, 1H53.] Whereas it is expedient to make further provision for the preservation and improve- ment of the alewives and other fisheries : Be it .therefore enacted bv the Lieutenant- Governor, Council, and Assembly, as follows : — I. On application being made by not less than twenty persons, resident near to any tishing station in this island, including two Justices of the Peace, it shall and may be 67 ul for the Lieutenant-Governor of this iilanil, by and with the advice and consent of Majesty's Executive Council of this island, if he shall think fit, to nonlinate and lawful for Her appoint one fit and proper person to be overseer or protector of the alewives and other flsheriet at such station or place ; and every such person so appointed shall be entitled to receive from the Public Treasury of this island, the yearly sum of five pounds, upon his producing a certificate on or before the last day of January in each year, from two of the nearest Justices of the Peace, stating that to the best of their knowledge he has faithfully performed the several duties enjoined upon him by this Act : Provided always, that at no one time shall any greater number of protectors or overseers than six be appointed to receive allowance under this Act. II. It shall ]}e the duty of the said persons so to be appointed protectors or overseers as aforesaid, annually, when they apply for their allowance under this Act, to furnish a return, in writing, to the Government, of the quantity and descriptions of fish, during the then previous year, caught or taken within or near to their respective precincts ; and they are hereby severally authorized and required within such their precincts, at all times of the year, by all legal ways and means, strictly to enforce the provisions of this Act, and of the Act of the seventh year of Her present Majesty, chapter twenty-nine, and of the Act of the eighth year of the reign of Her present Majesty, chapter twenty, and of all other Acts of the General Assembly of this island, regulating the fisheries of this island, and the setting of nets in the bays, rivers, and streams thereof. III. It shall be the further duty of such overseer^ or protectors so to be appointed aa aforesaid, after it shall be ascertained that the alewives have come up into the ponds and creeks, to proceed to the neighbourhood thereof, and to the most usual and general fishing places within their respective precincts or stations, and continue to be there, or at such place or places at which they may consider it most necessary to attend, for a period not less than eighteen working days ; and to wavn persons against, and prevent the improper and unlawful setting of nets or seines ; and it shall be lawful for any persons aggrieved by the illegal or improper setting of nets or seines, to notify the nearest overseer or protector thereof, who is, thereupon, hereby required to investigate the circumstances, and if he shall find that the nets or seines have been illegally or improperly set, he shall and is hereby autho- rized to abate and remove the same, and to prosecute the person to whom they belong, or who shall have set them, for the penalties imposed by this or any other Act in force relating thereto. IV. There shall be furnished to each person so being appointed protector or overseer ns aforesaid, a copy of this .\ct, and also of the Act of the seventh year of the reign of Her present Majesty Queen Victoria, ciiapter twenty-nine, and also of the Act of the eighth year of the reign of Her present Majesty, chapter twenty. V. It shall be unlawful for any person, by spearing or sweeping with net or seine, or otherwise, after the first day of October in any year, until the first day of May in the followini; year, to take or attempt to take any salmon in any river, bay, creek, pond, or stream in this island. VI. Any person who Hhall violate the provisions of the last clause, shall forfeit a sum not exceeding five pounds for each and every offence, the same to be sued for and recovered with costs, before any one of Her Majesty's Justices of the Peace for the county wherein the offence is cumniitted, on the ontli of one or more credible witness or witnesses, and one-half thereof shall be paid to tnc protector of fisheries or other person who may sue for the same, and the other half she!' be paid into the Treasury of this island, for the use of Her Majesty's Government. VII. Kvery person, after the said first day of October in any year, who shall he discovered, at night, with a spear or torch only, in or about any river, bay, creek, pond, or stream in this island, either in a boat or canoe, or otherwise, and apparently equipped for taking or spearing salmon, shall be conM.iored in the act of spearing salmon, and the burden of disproving the same shall be upon the party so diseuvered — Indians excepted. VIII. If any jierson who accepts the oflice of overseer or protector of the alewives and other fisheries, shall wilfully refuse or neglect to perform any of the duties enjoined upon him l)v this Act, ho shall forfeit and pay a sum not exceeding ten pounds, together with reasonable costs, the same to l)e recovered before any two Justices of the Peace, in the luime of Her Majesty, with costs, and U) lie paid into the Treasury, to and for the use of Her Majesty's Government. JosiciMi Hknsl.ev, .\ttornev-(ienoral. PRVNCE BDWARD ISLAND. 70 the' ber of t l»l fori of U I'i NEWFOUNDLAND. NEWFOUND- LAND. No. 6. No. 6. Extract of a DESPATCH from Governor Darling to Sir W. Molbsworth. Government House, St. John's, (No. 60.) September 29, 1855. (Received Octobtr 83. 1865.) I HAVE the honour to transmit herewith a copy of the Report from the Law Officers of the Crown, which has been fiimished in fulfilment of the instructions conveyed by your despatch of the 3rd ultimo, No. 8, and which I shall take care to communicate to the British Minister at Washington, with whom I have already been in correspondence on the subject to which it relates. 2. You will perceive by this Report, which is entirely accordant with that of the late Attorney-General, Mr. Archibald, dated July 5, 1853, copy of which was transmitted with my predecesiior's despatch No. 46 of July 12, 1853, that there are in fact no Laws or Regulations whatever relating to the fisheries, practicallv in force in this Colony. 3. With respect to the law which is still on th« »tatute-book, for imposing a duty upon herrings ana capelin exported in such a state as to make them available for bait, I have already had the honour of submitting my views, in my despatch No. 26 of the 8th July last. End. in No. 6. Enclosure in No. 6. The Acting Attorney-General and Acting Solicitor-Genernl to the Colonial Secretary. St. John's, Newfoundland, SiK, Septeml»er 17, 1855. In reply to your communication transmitting a copy of a destpatch from the Right Honourable the Secretary of State for the Colonies to his Excellency the Oovernor, dated the 23rd of August last, requesting hint to forward to the British .Minister at Washington authentic copies of all the laws and regulations of the Legislature, or other competent authority of Newfoundland, on the subject of the fisheries of this island, we have the honour to report, in complianre with the desire of his Excellency, that, apart from the common law of England, whicli is in operation here, so far as it is applicable to the circum- stances of the Colony, and tlic several Treaties dehriing the relative rights of England, France, and the United States ot' America to thi' tisheries of this (Jolony, there are ne cancelled u|)oii the production, within one year of the date of it, of a certificate from a duly-qualified person at the ])ort of discharge, that such herrings had lieen landed within the British dominions. This Act having been found insutticient to prevent the evil which it was passed to correct, has not l>een enforccil for some years past, and is now quite ino|)crativc'. Supposing it to be in any way inconsistent with 71 ^^ '^"'iliL'" *•** "tablwhment of free trade with the United States of America it must be r«5wded » suspended, so far a. general words can do so, with reference to S c fS t J^oT!i*^ P"TI!!- **" "'^"" "^ °" «»'»»• ""«»" the Treaty ; for the I Alrt lr?hl S^P- !• ^'"« •" A"*^*" «5ive "sflFect on the part of this iJund to the Wy for the estabhrimient of leciprocd free trade with the U.lited States, suspends all the ta^s of this uUnd which are contrary to or inconsistent with the spirit of the Wy (Si(med) P. F. Little, Her Majesty's Acting Attorney-General. Jno. Havwaro, Her Majesty's Acting Solicitor-General. NEWFOUND. LAND. I- [I tl