16. Every officer or person who has made a seizure under this Act may, within one month after notice of action received, tender amends to the person complaining, or to his attorney or agent, and may plead such tender. 31 V., c. 61, s. 16. 17. All actions for the recovery or enforcement of penalties or forfeitures imposed by this Act shall be commenced within three years after the offence committed. 31 V., c. 61, s. 17. 18. No appeal shall be prosecuted from any decree, or sentence of any court, in respect of any penalty or forfeiture imposed by this Act, unless the inhibition is applied for and decreed within twelve months from the decree or sentence being pronounced. 31 V., c. 61, s. 18. 19. In cases of seizure under this Act, the Governor in Council may direct a stay of proceedings; and in cases of condemnation, may relieve from the penalty, in whole or in part, and on such terms as are deemed right. 31 V., c. 61, s. 19. 20. This Act shall apply to every foreign ship, vessel or boat in or upon the inland waters of Canada; and the provisions hereinbefore contained in respect of any proceedings in a court of vice-admiralty shall, in the case of any such foreign ship, vessel or boat, apply to the Maritime Court of Ontario and to the superior courts, and any penalty or forfeiture under this Act may be recovered or enforced in any of such courts in the Province within which the cause of prosecution arises. 31 V., c. 61, s. 20. No. 88.-1890, May 16: Statute of Canada, 53 Vict., Cap. 19. An Act respecting Fishing Vessels of the United States of America. [Assented to 16th May, 1890.] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Governor in Council may authorize the issue of licences to United States fishing vessels enabling them to enter any port on the Atlantic coast of the Dominion of Canada, during the calendar year one thousand eight hundred and ninety, for the following purposes: (a.) The purchase of bait, ice, seines, lines, and all other supplies and outfits; (b.) The transhipment of catch, and the shipping of crews: 2. The fee for such licences shall be one dollar and fifty cents per ton, and the terms and conditions thereof shall be determined by the Governor in Council. 2. All licences issued by the Government of Newfoundland, granting to United States fishing vessels the privilege of entering the ports of Newfoundland for the purposes hereinabove mentioned, shall be valid in Canadian ports, whenever licences issued by the Dominion of Canada to such vessels shall be valid for the said purposes in the ports of Newfoundland. No. 89.-1891, July 10: Statute of Canada, 54 and 55 Vict., Cap. 4. An Act respecting Fishing Vessels of the United States of America. [Assented to 10th July, 1891.] Whereas the "Act respecting Fishing Vessels of the United States of America," assented to on the sixteenth day of May, one thousand eight hundred and ninety, expired on the thirty-first day of December, one thousand eight hundred and ninety; and whereas it is expedient to continue, for the present season, the privileges accorded United States fishing vessels under the provisions of that Act: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Governor in Council may authorize the issue of licences to United States fishing vessels, enabling them to enter any port on the Atlantic Coast of the Dominion of Canada, during the calendar year one thousand eight hundred and ninety-one, for the following purposes: (a.) The purchase of bait, ice, seines, lines and all other supplies and outfits; (b.) The transhipment of catch and the shipping of crews: 2. The fee for such licenses shall be one dollar and fifty cents per ton register, and the terms and conditions thereof shall be determined by the Governor in Council. 2. All licenses issued by the Government of Newfoundland, granting to United States fishing vessels the privilege of entering the ports of Newfoundland for the purposes hereinbefore mentioned, shall be valid in Canadian ports, whenever licenses issued by the Dominion of Canada to such vessels are valid for the said purposes in the ports of Newfoundland. 635 No. 90.-1891, August 28: Statute of Canada, 54 and 55 Vict., An Act further to amend "The Fisheries Act," chapter ninety-five of the Revised Statutes. [Assented to 28th August, 1891.] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Section fourteen of "The Fisheries Act" is hereby amended by adding thereto the following sub-section : "15. The use of purse seines for the catching of fish in any of the waters of Canada is prohibited, under a penalty for each offence of not less than fifty dollars, and not exceeding five hundred dollars, together with the confiscation of the vessel, boat and apparatus used in connection with such catching." 2. Sub-section four of section eighteen of the said Act is hereby repealed and the following substituted therefor : "4. A moiety of every pecuniary penalty levied by virtue of this Act shall belong to Her Majesty, and the other moiety shall be paid to the prosecutor, together with costs taxed to him in respect thereof." No. 91.-1892, May 10: Statute of Canada, 55 and 56 Vict., cap. 3. An Act respecting Fishing Vessels of the United States. [Assented to 10th May, 1892.] Whereas the Act respecting Fishing Vessels of the United States of America, assented to on the tenth day of July, one thousand eight hundred and ninety-one, expired on the thirty-first day of December, one thousand eight hundred and ninety-one; and whereas it may be expedient to continue from time to time, the privileges accorded United States fishing vessels under the provisions of that Act: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Governor in Council may, from time to time, authorize the issue of licences to United States fishing vessels, enabling them to enter any port on the Atlantic coast of Canada, during the periods mentioned in such licences, for the following purposes:— (a.) The purchase of bait, ice, seines, lines and all other supplies and outfits; (b.) The transhipment of catch, and the shipping of crews; 2. The fee for such licences shall be one dollar and fifty cents per ton register, and the terms and conditions thereof shall be determined by the Governor in Council: 3. No licence shall be issued for a longer period than one calendar year, and all licences shall expire on the thirty-first day of December of the year for which they are issued. 2. The Order in Council for the issue of such licences shall without delay be communicated to both Houses of Parliament, if Parliament is then in session, or, if not then in session, within the first ten days of the then next session. No. 92.-1906, Statutes of Canada: Revised Statutes, 1906, Cap. 45.o An Act respecting Fisheries and Fishing. SHORT TITLE. 1. This Act may be cited as the Fisheries Act. R. S., c. 95, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, the expression "Minister" means the Minister of Marine and Fisheries. 3. Shell-fish fisheries shall be subject to the provisions of this Act, and any regulations made under it. R. S., c. 95, s. 21. 4. Nothing in this Act contained shall be taken to authorize the grant of fishery leases conferring an exclusive right to fish in property belonging not to the Dominion but to some province thereof. Act now questioned by the United States: see Appendix, pp. 4-5. 5. Nothing in this Act contained shall preclude the granting by the Minister of written permission to obtain fish and fish spawn for purposes of stocking or artificial breeding or for scientific purposes. R. S., c. 95, s. 21. FISHERY OFFICERS. 6. The Governor in Council may appoint fishery officers whose powers and duties shall be as defined by this Act and the regulations made under it, and by instructions from the Department of Marine and Fisheries. 2. Every such officer, who is authorized by the Governor in Council to exercise the powers of a justice of the peace, shall for all the purposes of this Act and the regulations made under it, be ex officio a justice of the peace, within the district for which he is appointed to act as such fishery officer. R. S., c. 95, s. 2. 7. Every fishery officer shall take and subscribe an oath in the form following, that is to say: “I, A.B., a fishery officer in and for the district described in my appointment, do solemnly swear, that to the best of my judgment, I will faithfully, honestly and impartially fulfil, execute and perform the office and duty of such officer according to the true intent and meaning of the Fisheries Act and regulations, and in accordance with my instructions. So help me God." R. S., c. 95, s. 3. FISHERY LEASES AND LICENSES. 8. The Minister may, wherever the exclusive right of fishing does not already exist by law, issue or authorize to be issued fishery leases and licenses for fisheries and fishing wheresoever situated or carried on; but leases or licenses for any term exceeding nine years shall be issued only under authority of the Governor in Council. R. S., c. 95, s. 4. WHALE FISHING. 9. No one shall at any time engage in the manufacture from whales of oil or other commercial product, and no vessel or boat shall be employed in the whale fishery, except under license from the Minister. 2. The Minister may issue licenses to manufacture oil or other commercial product from whales and to employ boats or vessels in whale fishery, but no such license shall issue until, (a) the Minister has approved of the site of the factory, which shall not be within fifty miles of any other whale factory, or in such proximity to any inhabited place or places as in the opinion of the Minister may cause danger or detriment to the public health; (b) the applicant therefor has given assurances to the Minister, of a satisfactory nature, that he is in a position to convert any whale captured into commercial products within twentyfour hours of the landing of such whale, and that he is also in a position to conduct his whale factory and business in such a manner that no noxious or deleterious matter will be introduced into any public waters, bays, creeks, rivers or harbours; (c) the applicant has filed with the Minister plans and specifications of the machinery to be contained in the proposed factory, and particulars of the reduction process; (d) the applicant has satisfied the Minister that the machinery proposed to be used is of a kind already proved efficient for such purposes, and of the most approved type theretofore used in the whaling industry. 3. No license shall be for a period exceeding nine years; but the Governor in Council may renew a license in favour of the licensee from time to time for periods of nine years, upon receipt of an application, in writing, for renewal, six months previously to the termination of the current period. 4. The holder of any such license shall not operate more than one whaling steamer in connection with the whale factory under license. 5. The license shall become void and forfeited unless the factory named therein is erected, equipped and working within two years from the date of the issue of the license. 6. The fee charged on each such license shall be eight hundred dollars for the first year, one thousand dollars for the second year, and twelve hundred dollars for the third and each ensuing year, and the fee on all subsequent licenses for the same factory shall be twelve hundred dollars; such fee shall be payable to the Minister of Marine and Fisheries, first on the issue of the license, and on the first day of July in each year thereafter: Provided that the Governor in Council, after the first two years, may exact, in lieu of such fee, a sum equal to two per centum of the gross earnings of each factory, which shall be payable as aforesaid. 7. Every license, upon cause shown, after one month's notice in writing to the licensee, shall be liable to forfeiture for any infraction of this section, or any regulation under it, or for failure to fulfil and carry out the assurances required by this section to be given to 637 the Minister previously to the issuing of a license; and in the case of forfeiture, the Minister may, without any suit or other proceedings at law, and without compensation, cancel the license. 8. The Governor in Council may, from time to time, make such regulations as to him seem necessary for carrying out and enforcing any of the provisions of this section, and for controlling and regulating the manufactures carried on in the licensed factories, and the disposal of all refuse therefrom. 9. Boats known as tow-boats shall not be used by any one in the prosecution of the whaling industry, and no vessel other than the vessel from which the whales have been captured or killed, shall, by any method or contrivance, bring or tow into port any whale for manufacture or other purpose; but nothing in this section shall prevent any one, other than the holder of a license, or his employees, from towing any dead whale to land, and having it manufactured or otherwise disposing of it in accordance with the provisions of this section. 10. No one shall pursue, capture, shoot or kill any whale within the distance of one-half nautical mile of any vessel or boat not at anchor or engaged in any kind of fishing, or within one nautical mile of any vessel or boat at anchor or engaged in any kind of fishing. 11. No one shall have in his possession, or use in the catching or killing of whales any contrivance which does not include a harpoon, |