15. Nothing in this chapter shall apply to vessels lying alongside private wharves, except sections 7, 8, 11 and 12. No. 135.-1892, Newfoundland Statute: Consolidated Statutes (Second Series) 1892, Cap. 124. manure prohibited. 1. Herring not to be caught in seines 14. Manufacture of bait fishes into between 20th October and 18th April; Seine, how used. Proviso. 2. Persons carrying bulk deemed to have caught herring contrary to law. 15. Throwing over offal, &c., on fishing grounds prohibited. 16. Cod-trap mesh regulated to four inches. 17. Regulations as to setting mooring 18. Regulations as to cod-nets, &c. 20. Distance between salmon nets. 22. Governor in Council shall appoint 23. Use of cod-traps prohibited after 9th May, 1888. 24. Penalty for violation of section 23. 25. Penalties in certain cases. 26. No conviction quashed for informality. 27. Appeal in certain cases. 28. Treaty rights of foreign nations reserved. 1. No person shall haul, catch or take herrings by or in a seine or other such contrivance, on or near any part of the coast of this colony or its dependencies, or in any of the bays, harbours, or other places therein, at any time between the twentieth day of October in any year, and the eighteenth day of April in the following year, or at any time use a seine or other contrivance for the catching or taking of herring, except by way of shooting and forthwith hauling the same, under a penalty not exceeding two hundred dollars: Provided that nothing herein contained shall prevent the taking of herrings by nets set in the usual and customary manner, and not used for inbarring or enclosing herrings in a cove, inlet or other place. This section shall not apply to the coast of Labrador. 2. The owners, masters, and other persons managing or controlling vessels conveying herrings in bulk, between the twentieth day of October in any year, and the eighteenth day of April in the following year, shall be deemed to have hauled, caught or taken such herrings contrary to the provisions of the preceding section of this chapter, unless such owner, master or other person aforesaid shall make proof to the contrary. 3. Any Justice of the Peace, Sub-collector of the Customs, Preventive Officer, Fishery Warden or Constable, may board any vessel Act now questioned by the United States: see Appendix, pp. 4-5. suspected of carrying herrings which have been taken contrary to the provisions of section one of this chapter; and in case any such Justice Sub-collector, Preventive Officer, Fishery Warden or Constable shall make signal to any vessel suspected as aforesaid, from any vessel employed by the Government, by dipping the Ensign at the main peak three times and firing a gun, it shall be the duty of the owner, master, or person managing or controlling such vessel so signalled, to heave-to such vessel until such Justice, Sub-collector, Preventive Officer, Fishery Warden or Constable shall have boarded and examined such last-named vessel; and in case of such master, owner, or person managing or controlling as aforesaid, such lastnamed vessel omitting so to heave her to, or to afford facilities for such Justice, Sub-collector, Preventive Officer, Fishery Warden or Constable to board and examine such vessel, or obstructing such Justice, Sub-collector, Preventive Officer, Fishery Warden or Constable boarding or examining any such vessel, he shall be subject to a penalty of five hundred dollars, to be recovered with costs in a summary manner before a Justice of the Peace, and in case default shall be made in the payment of such penalty, such Justice shall issue his warrant and cause such offender to be imprisoned for a period not exceeding thirty days. 726 4. No person shall, at any time between the twentieth day of December in any year and the first day of April in the following year, use any net to haul, catch or take herrings on or near the coasts of this Colony or its dependencies, or in any bays, harbors or other places therein, having the mokes, meshes or scales of such net less than two inches and three-eighths of an inch at least, or having any false or double bottom of any description; nor shall any person put any net, though of legal size mesh, upon or behind any other net not of such size mesh, for the purpose of catching or taking such herring, or herring fry passing a single net of legal size mesh, under a penalty not exceeding two hundred dollars. 5. Notwithstanding any of the provisions of this chapter it shall be lawful for the owner of any vessel owned and registered in this Colony, which shall be fully fitted out, supplied and ready to prosecute the Bank fishery, and shall have obtained a Customs' clearance for the said fishery, to haul, catch and take herring at any time and by any means, except by inbarring or enclosing such herring in a cove, inlet or other place, to an extent not exceeding sixty barrels for any one voyage, to be used as bait in prosecuting the said Bank fishery in the said vessel. 6. The owner or master of any vessel who shall avail of the preceding section of this chapter, and having procured herring for bait as therein provided, after clearing for the Bank fishery, shall enter any port before the nineteenth day of April thence next following, except compelled by stress of weather, accident or in case of sickness, or who shall dispose of the herring so taken for bait in any way except for prosecuting the Bank fishery in said vessel, shall be subject to a fine not exceeding two hundred dollars. 7. The term " Bank fishery " in this chapter shall be construed to mean a fishery prosecuted at a distance of at least forty miles from the coast of this Colony. 8. No person shall wilfully remove, destroy or injure any lawful net or seine, the property of another, set or floating on or near the coast of this Colony or its dependencies, or any of the bays, harbors or other places therein, or remove, let loose, or take any fish from such seine or net. 9. No person shall, between the tenth day of May and the twentieth day of October in any year, haul, catch or take herrings or other bait for exportation within one mile measured by the shore or across the water of any settlement situate between Cape Chapeau Rouge and Point Enragee, near Cape Ray, under a penalty of two hundred dollars; and any such person so hauling, catching or taking within the said limits may be examined on oath by a Justice, Officer of Customs, or person commissioned for the purpose, as to whether the herrings or other bait are intended for exportation or otherwise, and, on refusal to answer, or answering untruly, such person shall, on conviction, be subject to a penalty not exceeding two hundred dollars. 10. No salmon shall be taken before the first day of May or after the tenth day of September in any year: Provided that if the time limited in this section shall be found to operate injuriously in any part of this Colony, the Governor in Council may appoint any other time or times, and such time or times shall be as binding upon all persons as if specially mentioned herein. 11. No person shall buy or sell, or have in his possession, salmon, knowing the same to have been taken contrary to the provisions of this chapter; and every salmon so taken, bought or sold, shall be declared forfeited to the complainant by any Justice. 12. No person shall, at any time, haul, catch or take squids, within, or by means of any seine, bunt, or other such contrivances. 13. No person shall, between the hours of twelve o'clock on Saturday night and twelve o'clock on Sunday night, take or catch, in any manner whatever, or by any contrivance whatsoever, any herring, caplin, squid, or any other bait fish, or set or put out any contrivance whatsoever, for the purpose of taking or catching herring, caplin, squid or other bait fish. 14. It shall not be lawful for any person to manufacture into manure or into any article to be used as manure, either by machinery or by artificial chemical process, or by the use of both, any caplin, herring, squid, or other fish used as bait in the prosecution of the fisheries of this Colony and its dependencies. Every person who shall violate the provisions of this section shall be subject to a penalty of five hundred dollars for each offence. 15. It shall not be lawful for any person to throw overboard or deposit upon the fishing grounds or ledges, on or near the coasts of this Colony and its dependencies, any heads, entrails, bones or offal of the cod-fish. Every person who shall violate the provisions of this section shall be subject to a penalty not exceeding two hundred dollars, or, in default of payment thereof, to imprisonment not exceeding sixty days for each offence. 16. No person shall, upon the coasts of this Colony or its dependencies, use, for the purpose of taking cod-fish, any trap, the walls or sides of which consisted at its original construction of meshes less than four inches, and no netting for alterations or repairs of codtraps shall be less than four inches. 17. No cod-trap shall be set on any of the fishing grounds of this Colony or its dependencies at a less distance than eighty fathoms from the nearest point of any cod-trap previously set, nor at a less distance than fifty fathoms from any cod-net previously set: Provided that, if a cod-trap be set out on any of the fishing-grounds aforesaid, and subsequently a second trap be set at a greater distance than eighty fathoms therefrom, it shall be lawful for the owner of the third trap to set the same at a distance of at least eighty fathoms of the first trap set out. 18. No cod-net shall be set on any of the fishing grounds of this Colony or its dependencies at a less distance than fifty fathoms from the nearest point of any cod-trap or cod-net previously set. 19. When any person shall have set a cod-trap, cod-net, or bultow, and the same shall become damaged to an extent rendering it necessary that it be taken up for the purpose of repairs, he shall have the right to re-set his cod-trap, cod-net, or bultow in the place from whence it has been taken up for a period of one week from the time when it was so taken up. 20. No net shall be moored or set in any harbor, cove, creek or estuary, or on or near any part of the coast of this Colony or its dependencies, for the purpose of taking salmon, nearer to any other net moored or set for a like purpose than one hundred yards for a single net and three hundred yards for a double net or fleet of nets. 21. All forfeitures and penalties imposed by this chapter 727 shall be recovered with costs in a summary manner before any Justice, for which purpose such Justice may summon or arrest the offender, and compel witnesses, by summons or warrant, to appear before him; and, upon conviction of the offender, such Justice shall (except under sections fourteen, fifteen and sixteen) cause all seines, nets and other contrivances illegally used to be sold by public auction; and, in default of the payment of any penalty imposed and costs, such Justice shall issue his warrant and cause such offender to be arrested and imprisoned for any period not exceeding twenty days. 22. The Governor in Council may appoint the Collector of Revenue for Labrador, or other person, to be Superintendent of the Fisheries on the coast of this Colony and its dependencies, and may also appoint Fishery Wardens, and prescribe their duties for the purposes of this chapter. The compensation for the services of such officers to be provided by the Legislature. 23. After two years from the ninth day of May, 1888, it shall be unlawful for any person to use any cod-trap for the purpose of catching or taking any cod-fish on the coast of this colony or its dependencies. 24. Any person who shall violate the provisions of the next preceding section of this chapter shall be subject to a penalty not exceeding four hundred dollars, to be recovered in a summary manner before a stipendiary Magistrate or Justice of the Peace, and, in default of payment of such penalty, such offender shall be subject to imprisonment for a term not exceeding six months. 25. Any person who shall violate any of the provisions of this chapter, for the violation of which no penalty is named, shall be subject to a penalty not exceeding fifty dollars; and all nets and other contrivances used contrary to the provisions of this chapter (except those referred to in sections sixteen, seventeen and eighteen) shall be forfeited, and may be seized by any Justice, Sub-collector of Customs, Preventive Office, Fishery Warden or Constable, on view or by virtue of a warrant issued by such Justice upon com plaint made on oath, and the same may be detained until the trial of the offender, and, upon conviction, the same may be declared forfeited and ordered to be sold by public auction. 26. No proceeding or conviction by any Justice of the Peace or other officer under this chapter shall be quashed or set aside for any informality, if the same be substantially in accordance with the intent and meaning of this chapter. 27. If any person shall feel himself aggrieved by any order or judgment of a Justice under the first, third, fourth, ninth, fourteenth and twenty-fourth sections of this chapter, he shall have liberty to appeal to the Supreme Court in St. John's or on circuit, upon giving sufficient security for the due performance of such order or judg ment, if confirmed, and for the payment of all costs, and to prosecute the said appeal. 28. Nothing in this chapter shall affect the rights and privileges granted by Treaty to the subjects of any state or power in amity with Her Majesty. No. 136.-1892, Statute of Newfoundland: Consolidated Statutes (Second Series) 1892, Cap. 129. Section "Act now questioned by the United States: see Appendix pp. 4-5. Of the exportation, sale, &c., of bait fishes. 1. No person shall export, or haul, catch, take, purchase, or have in his possession, any bait fishes for the purpose of exportation. 2. Licenses may be granted for certain purposes. 3. Licenses issued under certain authority. 4. Power of Governor in Council to suspend or limit operation of chapter. 5. Conditions under which licenses granted. 6. To whom applications for licenses shall be made. 7. Licensee shall give bond to Receiver General. 8. Form of license, bond, &c. 9. Penal clause. 11. Penalty for violation of chapter. 1. No person shall- (1) Export, or cause or procure to be exported, or assist in the exportation of; or (2) Haul, catch, take, or have in his possession, for the purpose of exportation; or (3) Purchase or receive in trade or barter, for the purpose of exportation; or (4) Take, ship, or put, or haul on board, or assist in taking, shipping, putting, or hauling on board of any ship or vessel for any purpose whatever; or (5) Carry or convey on board of any ship or vessel for any purpose whatever, |