No. 51.-1793: Statute of Nova Scotia, 33 Geo. III, Cap. 16.

An Act in amendment of, and in addition to, an Act. made in the Thirty-third year of the reign of His late Majesty, entitled, an Act for regulating and maintaining a Light-House on Sambro Island, and in addition to, and amendment of an Act, passed in the Twenty eighth year of his present Majesty's reign, entitled, An Act for regulating and maintaining a Light House at the entrance of the Harbour of Shelburne.

Whereas the several Laws heretofore made for maintaining the Light House erected on Sambró Island, and McNutt's Island, have proved ineffectual for that purpose, and many ships and vessels which derive great benefits by the said Light Houses, are not by the said Act compellable to pay any duty towards the support of them:

I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That all registered vessels owned by any person or persons within this Province, and not wholly employed in the fisheries thereof, which shall not within one year to be computed from the first day of April in the present year, and yearly and every year afterwards, come into the port of Halifax or Shelburne, and in one of the said ports pay the duties by the herein recited Acts imposed, shall pay in such port, harbour or place, to which such vessels shall respectively belong, the sum of four pence per ton yearly and every year.

II. And be it further enacted, That every ship or vessel, his Majesty's ships of war and such transports or other vessels employed in his Majesty's service as shall by their charter party be exempted from paying port charges excepted, which shall from and after the publication hereof come into any port, harbour, creek, or river within this Province not being to the northeastward of Cape Canso, and not owned by some person or persons belonging to this Province, shall pay the same duty per ton as is payable by the above recited Act, entitled, an Act, for regulating and maintaining a Light House at the entrance of the harbour of Shelburne, upon every merchant's vessel coming into the said harbour of Shelburne.

III. And be it further enacted, by the authority aforesaid, That from and after the publication hereof, it shall and may be lawful for the Governor, Lieutenant Governor, or Commander in Chief for the time being, from time to time, and so often as he shall think proper, to appoint fit and proper persons Collectors of the said duties in the several ports. harbours, creeks and rivers in this Province, to the southward and westward of Cape Canso, and to describe the particular limits of such Collector or Collector's jurisdiction, in the commission or commissions to be granted for that purpose, and it shall and may be lawful for the said Governor, Lieutenant Governor or Commander in Chief for the time being, if he shall think proper, to let to farm, to the highest and fairest bidder, the whole or any part of the said duties, and to take good security from such farmer or farmers for the faithful performance of his duty, and for the payment of the several sum or sums of money, at the time and in the manner in which such farmer or farmers shall have stipulated to pay the same. Provided always, that the said Governor, Lieutenant Governor, or Commander in Chief shall not at any time, let or farm the said duties or any part thereof, for a longer period than one year.

IV. And be it further enacted, That if the master or person having charge of any vessel or vessels, being subject and liable to pay any duty or duties by virtue of this Act, shall after the publication hereof, after his arrival in any port or harbour of this Providence, to the southward and westward of Cape Canso as aforesaid, the same being of him duly demanded, refuse to pay such duties, or shall depart with such vessel or vessels from, or out of the port or harbour, wherein he shall first arrive with such vessel, before or until he or they shall have paid and discharged the duties imposed by this Act on such vessel, such master or commander shall forfeit and pay over and above the said duty and duties, the sum of five pounds, to be recovered, together with such duty, by bill, plaint or information, in any of His Majesty's Courts of Record within this Province, one half of such penalty to the Collector or Collectors, Farmer or Farmers of the said duties, who shall sue for the same, and the other half thereof to be paid into the Treasury of the Province, for the support of the government thereof.

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V. Be it further enacted, by the authority aforesaid, That if the master or person having charge or command of any ship or vessel, shall neglect after demand made of payment thereof, or shall refuse to pay the duties herein imposed and laid on such ship or vessel, it shall and may be lawful for any Collector or Collectors, by virtue of this Act to be appointed, to seize and take such ship or vessel into his custody, and to carry the same to the port nearest to the place where such seizure shall be made, and there to deliver up such vessel to the Collector or any other principal officer of His Majesty's Customs of such port, in whose custody such ship or vessel shall remain, until the aforesaid fine of five pounds, and the duties due and payable by virtue or [Sic.] this Act, together with all reasonable expenses shall be paid, or until good and suflicient security shall be given, by such master or person having charge or command of such ship or vessel, to abide by, or perform the judgment of the Court, in which the suit or prosecution for such duties and penalty as by this Act are inflicted and laid, shall be instituted and prosecuted.

VI. Be it further enacted, by the authority aforesaid, That all the monies arising from the duties by this and the herein recited Acts, imposed and laid, shall be paid into the Treasury of this Province: to be applied to the repairing and lighting the said Light Houses, and in keeping and maintaining lights in the same; and it shall and may be lawful for the Governor, Lieutenant Governor or Commander in Chief for the time being, to contract with any person or persons he shall think fit, for the repair of the said Light Houses, and keeping sufficient lights in the same, and to defray and pay the expense of lighting and repairing the said Light Houses, out of the monies arising from the duties by this Act imposed.

VII. Be it further enacted, by the authority aforesaid, That the ships and vessels owned by any firm or company of merchants, whereof one of the said firm or company shall be a resident freeholder within this Province, shall pay the same duty only, as if such ship or vessel was wholly owned by any freeholder or freeholders resident in this Province; any thing in the Acts contained of which this is an amendment, to the contrary notwithstanding.

VIII. And be it further enacted, by the authority aforesaid, That this Act and every matter and clause therein contained, shall be and

continue, and the same is hereby continued in force until the first day of July, which will be in the year of our Lord one thousand seven hundred and ninety six.

No. 52.-1793: Extract from Statute of New Brunswick, 33 Geo. III, Cap. 9.

An Act for regulating the Fisheries in the different Rivers, Coves and Creeks of this province.

I. Be it enacted by the Lieutenant-Governor, Council and Assembly, That if any person or persons after the publication of this Act, shall presume to erect or set up any hedge, wear, fish garth, or other incumbrance, or place any seine or seine, net or nets across any river, cove or creek in this Province, in such manner as to obstruct, injure or hurt the natural course of the fish in any river or place where they usually go, such person or persons shall forfeit and pay the sum of ten pounds upon due conviction thereof by the oath of one or more credible witness or witnesses before any two of His Majesty's Justices of the Peace in the County where such offence shall be committed, to be levied by warrant of distress and sale of the offender's goods, rendering the overplus, if any, to such offender; and twenty pounds for the second offence, to be recovered with costs by action of debt, bill, plaint or information, in any Court of Record in this Province, and fifty pounds for the third and every subsequent offence, to be recovered with costs, in the manner last mentioned; one half of which penalties shall on conviction be paid to the Informer, and the other half to the overseers of the poor of the town or parish where such offence shall be committed, to be applied to the use of the poor. Provided always, That nothing herein before contained shall extend or be construed to extend to prevent the erection of wears upon the flats or drawing seines upon the shores, or setting nets, under the regulations herein after mentioned in any such rivers, coves or creeks. II. And be it further enacted, That the Justices of the Peace in their General Sessions held in the several counties in this Province, may and are hereby required to appoint one or more fit person or persons inhabitants not being employed as fishermen, to be Overseers of the fisheries for each town or parish within their respective counties, who shall be sworn to the faithful discharge of their duty, and shall have power to remove any net, hedge, wear, fish garth, seine or other incumbrance that shall be found in any river, cove or creek, contrary to the provisions of this Act.

III. And be it further enacted, That if any net, hedge, wear, fish garth, seine or other incumbrance shall be found in any river, cove, or creek, in this Province, contrary to the provisions of this Act, it shall and may be lawful for such Overseers of the fisheries and they and each of them are hereby required respectively forthwith to seize the same, and if no owner shall appear to claim the same in ten days, such net, seine or fish garth shall, together with the fish, if any found therein, be forfeited and sold by the said Overseers to satisfy the respective penalties in this Act mentioned and inflicted, and the overplus, if any, shall be paid to the Overseers of the poor for the use of the poor of the town or parish where such offence shall be committed.

IV. And be it further enacted, That the said Overseers of the fisheries shall be entitled to demand and receive one shilling and no more, for each net to be set in the districts to which they shall be respectively appointed, from the proprietors of such nets, as a compensation for their trouble.

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V. And be it further enacted, That if any such Overseer of the fisheries shall at any time wilfully and knowingly delay, neglect or refuse to perform the duty in and by this Act enjoined, such offender shall forfeit and pay for every offence the sum of five pounds, to be sued for, recovered and applied in the same manner as the penalty of ten pounds herein before mentioned, can or may be sued for, recovered and applied.

VI. And be it further enacted That if any Overseer shall so neglect to perform the duty in and by this Act enjoined, it shall and may be lawful for any person or persons to apply to any Sheriff or Constable, who are hereby authorised and required to take up and remove any such incumbrance forthwith; and if no person or persons appear to claim the same within ten days, the said net or nets so taken up and removed as aforesaid, shall be considered the one moiety as the property of the person or persons so complaining, and the other moiety as the property of the Sheriff or Constable who may take up and remove the said nets or other incumbrance.

VII. And be it further enacted, That no net shall be set longer than thirty fathoms in the main River St. John, or extend more than thirty fathoms into the said river, or the broad part of the Kennebeckacis river or more than one fourth part of the width of the water between the shores on each side the said rivers, and any islands or sand-bars in the said rivers; and in any of the branches of the said rivers not more than one fourth part of the width of the branch where such net shall be so set; and that no drag net or seine shall be used in either of the same rivers or the branches thereof to sweep the same rivers or the branches thereof, or either of them, more than one fourth part of the width of such river or branch.

VIII. And be it further enacted, That the width of all such branches, coves or creeks, wherein there are any islands or sand-bars, shall be computed from the opposite shores to the said islands or sand-bars to where the water surrounding the said islands or bars is three feet in depth.

IX. And be it further enacted, That no net shall be set in the river St. John below the Boarshead or in the harbor of St. John, more than twenty fathoms in length: And that no net shall at any time be set or remain in the water, or any seine be drawn, or any salmon speared, in any part of this province, between the time of sun-set on Saturday night, and sun-rise on Monday morning; and that no nets shall be placed within less than fifty feet of each other measured on a straight line, running parallel as near as may be with the shore, in any of the said places in this clause mentioned, under the penalty of ten pounds for each and every of the said offences herein before described and prohibited, to be sued for, recovered and applied in the manner herein last before mentioned, any law, usage or custom to the contrary thereof in any wise notwithstanding.

The remaining part of this Act repealed by 39 Geo. 3, c. 5.

No. 53.-1794: Statute of New Brunswick, 34 Geo. III, Cap. 3.

An Act to explain and amend an act, intituled, "An Act for regulating the fisheries in the different Rivers, Coves and Creeks of this Province."

Whereas in and by an Act made and passed in the thirty-third year of His Majesty's reign, intituled, "An Act for regulating the Fisheries in the different Rivers, Coves and Creeks, of this Province," it is enacted, "That no net shall be set in the river Saint John below the Boarshead, or in the Harbor of Saint John more than twenty fathoms in length": And whereas doubts have arisen whether under the said law more than one length of such nets may be set; for preventing such doubts in future

I. Be it enacted by the Lieutenant-Governor, Council and Assembly, That from and after the passing of this Act, only one length of the nets herein before described, shall be set in the same line running into the water in any part of the river Saint John below the Boarshead, or in the harbor of Saint John, and if any person shall set any length of net running into the water in the same line with the net which is permitted to be set by the said herein before recited Act, every person so offending shall for every offence forfeit and pay the sum of ten pounds, to be recovered, paid and applied in the same manner, and to the same uses as the first penalty mentioned in the said herein before recited Act can or may be recovered, paid and aplied. And whereas, in and by the said herein before recited Act. it is enacted, "That no nets shall be placed within less than fifty feet of each other, measured upon a straight line running parallel, as near as may be, with the shore in any of the places in the said Act for that purpose particularly mentioned." And whereas, doubts have arisen whether the distances between such nets may be marked and ascertained upon more than one such line parallel with the same shore; for preventing such doubts in future

II. Be it enacted, That the distances between such nets shall be marked and ascertained upon one such line, parallel. with any part of the shore, in the river Saint John below the Boarshead, or in the harbor of Saint John.

III. And be it further enacted, That where no goods or chattels can be found whereon to levy, by warrant of distress and sale of the offenders' goods, the fines and penalties inflicted in this and the said

herein before recited Act, it shall and may be lawful for the 597 Justice and Justices, and the Court before whom or which the

conviction may be, to commit the offender or offenders to the public gaol in the county, for any time not exceeding thirty nor less than ten days, as such Justice or Justices, or Court shall respectively think fit.

IV. And be it further enacted, That the said herein before recited Act, and every clause, matter and thing therein contained, shall be and remain in full force, any thing herein before contained to the contrary notwithstanding.