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to and establishes the rates of light duties to be paid on account of vessels clearing from or entering at any port or place in this Island, and also the whole of the Act of the eleventh year of Her present Majesty's reign, chap. eleven, intituled An Act to explain and amend an Act made and passed in the eighth year of the reign of Her present Majesty, intituled "An Act to make new provisions for the support of Light houses, Buoys and Beacons," be and the same are hereby respectively repealed.

IX. If any person shall, by force or violence, assault, resist, molest, oppose, hinder or obstruct any Controller of Navigation Laws, or harbour master, or other person employed as aforesaid, in the exercise of his office, or any of the powers by this Act conferred upon him, or any person acting in his aid or assistance, such person shall forfeit and pay a fine not exceeding ten pounds, the same to be sued for and recovered in Her Majesty's name, before any two of Her Majesty's justices of the peace for the county wherein the offence was committed; and if not paid on conviction, the offender shall be imprisoned for a period not exceeding six months.

X. This Act shall continue and be in force for the space of three years from the passing thereof, and from thence to the end of the then next session of the General Assembly, and no longer.

[Schedules to which this Act refers.]
SCHEDULE (A).

FORM OF CERTIFICATE OF PAYMENT OF LIGHT OR ANCHORAGE DUTY.

of

I, A. B., Controller of Navigation Laws (or Harbour Master, or otherwise, as the case may be), at the port (or harbour, or otherwise, as the case may bc), of do hereby certify, that the sum of (total amount paid) hath this day been paid to me as light duty (or anchorage duty, as the case may be), for the ship or vessel called the of the burthen of tons being sixpence per ton for each ton, which said ship or vessel admeasures, according to her register; and that she is by such payment exempt from further payment for light or anchorage, under the fifteenth Victoria, chapter (here insert the number of this Act) in any port or harbour in this island, until the first day of January now next.

Dated the day

A. D., 18

SCHEDULE (B).

A. B. [L. 8.]

FORM OF AFFIDAVIT TO BE TAKEN BY PERSON MAKING QUARTERLY RETURN OF LIGHT OR ANCHORAGE DUTIES RECEIVED BY HIM.

I, A. B., Collector of Impost (or Harbour Master, or other officer, as the case may be), for the port or harbour of do hereby make oath and say, that the above return contains a true account of all moneys received by me on account of light (or anchorage) duties, during the period to which such return relates.

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623 No. 79.-1853, May 3: Statute of New Brunswick, 16 Vict.,

Cap. 39.

An Act to revive and amend an Act to regulate the Herring Fishery in the Parishes of Grand Manan, West Isles, Campo Bello, Pennfield, and Saint George, in the County of Charlotte.

[Passed 3rd May, 1853.]

"Whereas great injury has been done to the Herring Fishery within the County of Charlotte by the erection of weirs, fishgarths, and other obstructions, and the placing and setting of seines and nets across the several Havens, Rivers, Creeks and Harbors therein;"

Be it enacted by the Lieutenant Governor, Legislative Council and Assembly, as follows:

1. No seine or net shall be set across the mouth of any haven, river, creek or harbor within the Parishes of Grand Manan, West Isles, Campo Bello, Pennfield, and Saint George, in the County of Charlotte, and no seine or net shall be set in any such haven, river, creek or harbor, which shall extend more than one third the distance across the same, or be within forty fathoms of each other, or which shall be set within twenty fathoms of the shore at low water mark of the

same.

2. Any person offending against the preceding section, upon due conviction thereof, or by confession before one of Her Majesty's Justices of the Peace, for the County of Charlotte, shall for the first offence forfeit the sum of five Pounds, to be levied by warrant of distress and sale of the offender's goods; and for the second offence shall forfeit the sum of ten pounds, to be recovered with costs in an action of debt in any Court of Record in this Province; and for the third and any subsequent offence, shall forfeit the sum of fifteen pounds, to be recovered with costs in like manner; one half of such penalties, when recovered, to be paid to the Overseers of the Poor of the Parish where the offence was committed, for the use of the Poor, and the other half to the person who shall sue for the same.

3. Every fish weir in the Parishes before mentioned which is dry at low water, or which in the opinion of the Wardens of the Fisheries for the County of Charlotte requires the same, shall have a gate therein of such width and in such position as the said wardens may determine; and the owner or occupier of any fish weir who shall neglect or refuse to place a gate therein according to the directions of the said Wardens, shall forfeit and pay the sum of five pounds. for each day he shall so neglect and refuse after due notice.

4. The said Wardens and the Overseers of the Fisheries in the Parishes before mentioned, shall severally have power to seize and remove any net, hedge, weir, fishgarth, seine, or other obstruction, set or placed contrary to the provisions of this Act, and after five days notice may sell the same in some public place in the Parish where the seizure is made, together with any fish found therein; after deducting from the proceeds the charges of such seizure and sale, the residue shall be applied to the payment of any penalty incurred under this Act, and the overplus, if any, shall be paid to the Overseers of the Poor for the Parish where the offence was committed, for the use of the Poor thereof.

5. The said Warden shall have power to mark out and designate in proper positions at the Island of Grand Manan and other fishing

stations in this Province, if necessary, fit places for the deposit of fish offal, to be called "gurry grounds; " they shall post up notices in the said Island at the several School Houses, describing the limits and position of such "gurry grounds," and publish the like notice in the Royal Gazette; and if after the posting and publication of such notice, any person shall cast overboard from a boat or vessel the heads, bones or other offal of fish into the waters of or near the Island of Grand Manan, at any place except the said "gurry grounds," such person shall forfeit and pay a fine not exceeding five pounds nor less than ten shillings for each offence.

6. The penalties in the two preceding sections may be sued for and recovered by summary proceedings before one or more Justices of the Peace together with Costs, and when recovered shall be paid. over to the person who shall prosecute for the same.

No. 80.-1853, May 3: Statute of New Brunswick, 16 Vict., Cap. 69.

An Act relating to the Coast Fisheries, and for the Prevention of Illicit Trade.

Section.

1. Vessels hovering within three miles of the coast may be boarded.

2. Proceedings when Master refuses to depart.

3. Foreign vessels fishing or preparing to fish, and their cargoes, forfeited.

4. Vessels and goods may be seized. Penalty for obstructing officers. 5. Custody of vessels and goods seized.

6. Proceeds of condemned vessels and goods, how applied and distributed.

7. Penalties and forfeitures, how prosecuted.

8. Vessels and goods delivered on security.

9. Suits, how brought and prosecuted.

Section.

16. Amends may be tendered within

one month.

17. Limitation of actions for penalties. 18. Appeals, within what time to be prosecuted.

19. Coasting vessels to have narrow plank or iron extending aft of stern post.

20. Forfeiture for destroying nets, if not so provided.

624

21. Vessel or boat under fifteen tons to have distinguishing number on bows and mainsail. 22. Colour of numbers in Bay of Fundy and Gulf of Saint Lawrence respectively.

23. Vessel or boat without distinguishing number, to be seized and forfeited.

Oral evidence as to Seizing Of 24. Penalty for false or fraudulent deficer.

10. Burden of proof to rest with claimant.

11. Claim for property seized to be under oath.

12. Security to be given before claim

entered.

13. Month's notice to officer before action.

14. Limitation of action against Seizing Officer.

15. If judge certifies probable cause for seizure, no costs allowed.

scription of vessel or boat. 25. Penalty for false or fraudulent proceedings with reference to vessels above fifteen tons burthen, or foreign vessels.

26. Lieutenant Governor may grant
Commission of the Peace to of-
ficer in command of Her Maj-
esty's vessel of war, while pro-
tecting the Fisheries.

27. Definition of terms.
28. Suspending clause.

Passed 3rd May 1853.

Be it enacted, &c., as follows:-1. Officers of the Provincial Treasury, and any other person duly appointed by the Lieutenant Governor in Council for that purpose, may go on board any vessel or boat within any Harbour in this Province, or hovering within three ma

rine miles of any of the coasts or harbours thereof, and stay on board so long as she may remain within such place or distance.

2. If such vessel or boat be bound elsewhere, and shall continue within such harbour, or so hovering for twenty four hours after the master shall have been required to depart, any one of the officers or persons above mentioned may bring such vessel or boat into port, and search her cargo, and also examine the master upon oath; and if the master or person in command shall not truly answer the questions demanded of him in such examination, he shall forfeit one hundred pounds; and if there be any prohibited goods on board, then such vessel or boat and the cargo thereof shall be forfeited.

3. If the vessel or boat shall be foreign, and not navigated according to the Laws of Great Britain and Ireland, and shall be found fishing, or to have been fishing, or preparing to fish, within three marine miles of such coasts or harbours, such vessel or boat, and the cargo, shall be forfeited.

4. All goods, vessels, and boats liable to forfeiture, may be seized and secured by any of such officers or persons so appointed; and every person opposing them, or any one aiding such opposition, shall forfeit two hundred pounds.

5. Goods, Vessels, and boats seized as liable to forfeiture under this Act, shall be forthwith delivered into the custody of the Officers of the Provincial Revenue next to the place where seized, to be secured and kept as other vessels, boats, and goods seized, are directed to be secured and kept by law.

6. All goods, vessels, and boats condemned as forfeited under this Act shall, by direction of the principal Officer of the Provincial Revenue where the seizure shall have been secured, be sold at public auction, and the produce of such sale shall be applied as follows: the amount chargeable for the custody of the property seized shall first be deducted, and paid over for that service; one half of the remainder shall be paid to the officer or person seizing the same, without deduction; and the other half, after first deducting there from all costs incurred, shall be paid into the Treasury of this Province; but the Lieutenant Governor in Council may nevertheless direct that any vessel, boat, or goods seized and forfeited, shall be reserved for the public service, or destroyed.

7. All penalties and forfeitures imposed by this Act shall be prosecuted and recovered in the Supreme Court.

8. If any goods, vessel, or boat shall be seized as forfeited under this Act, the Judge of the said Court, with the consent of the persons seizing the same, may order re-delivery thereof, on security by Bond to Her Majesty, to be made by the party claiming the same with two sureties. In case the property is condemned, the value thereof shall be paid into the Court, and distributed as above directed.

9. All suits for recovery of penalties or forfeitures shall be in the name of Her Majesty, and shall be prosecuted by the Attorney General, or in his absence, by the Solicitor General. If a dispute arise whether any person is authorized to seize under this Act, oral evidence may be heard thereupon.

10. If any seizure take place under this Act, and a dispute arise, the proof touching the illegality shall be upon the owner or claimant. 11. No claim to any thing seized under this Act, and returned into the said Court for adjudication, shall be admitted unless the claim be

entered under oath, with the name of the owner, his residence and occupation, and the description of the property claimed, which oath shall be made by the owner, his attorney, or agent, and to the best of his knowledge and belief, before any Justice of the Peace.

12. No person shall enter a claim to any thing seized under this Act, until security shall have been given in a penalty not exceeding sixty pounds, to answer and pay costs occasioned by such claim, and in default of such security, the things seized shall be adjudged forfeited, and shall be condemned.

13. No writ shall be sued out against any officer or other person authorized to seize under this Act, for anything done thereunder, until one month after notice in writing delivered to him or left at his usual place of abode by the person intending to sue out such writ, his attorney, or agent; in which notice shall be contained the cause of action, the name and place of abode of the person who is to bring the action, and of his attorney, or agent; and no evidence of any cause of action shall be admitted, except such as shall be contained in the notice.

14. Every such action shall be brought within three months after the cause thereof has arisen.

15. If on any information or suit brought to trial under this Act, on account of any seizure, judgment shall be given for the claimant, and the Judge or Court shall certify on the record that there was

probable cause of seizure, the claimant shall not recover costs, 625 and the person who made the seizure shall not be liable to any

indictment or suit on account thereof. And if any suit or prosecution be brought against any person on account of such seizure, and judgment shall be given against him, and the Judge or Court shall certify there was probable cause for the seizure, then the plaintiff, besides the thing seized, or its value, shall not recover more than two pence damages, and no costs of suit; and the defendant shall not be fined more than one shilling.

16. The seizing officer may within one month after notice of action received, tender amends to the party complaining, or his attorney, or agent, and plead such tender.

17. All actions for the recovery of penalties or forfeitures imposed by this Act, must be commenced within three years after the offence committed.

18. No appeal shall be prosecuted from any decree or sentence of any Court in this province, touching any penalty or forfeiture hereby imposed, unless the inhibition be applied for, and decreed, within twelve months from the decree or sentence being pronounced.

19. All coasting vessels under sixty tons burthen, owned in this province, and engaged in the coasting trade thereof, shall be furnished with a narrow piece of plank, or iron, affixed to the bottom of the keel, and level therewith, extending aft at least six inches beyond the aperture between the stern post and rudder, and well secured on the keel; but this section shall not extend to vessels in which the main or false keel extends six inches beyond the aperture between the stern post and rudder.

20. Any owner or master of a coasting vessel not so furnished or built, running foul of any net set within or off the harbours, bays, or rivers of the coast of this province, shall upon due proof thereof, forfeit five pounds, to be recovered by the party injured, to his own

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