93. Should any nets, seines, or other fishing apparatus be set or used in violation of this Act or any regulation thereunder for more than one day, then each day during which such seines, nets or other fishing apparatus shall remain so set or used shall constitute a separate offence, and may be punished accordingly; and should any other violation of this Act, or of any regulation thereunder, continue for more than one day, then each day during which such violation concontinues shall constitute a separate offence, and may be punished as such. 57-58 V., c. 51, s. 9.

94. Except as herein otherwise provided, every one who violates any provision of this Act or of the regulations under it, shall be liable to a penalty not exceeding one hundred dollars and costs, and, in default of payment, to imprisonment for a term not exceeding three months; and any fishery officer or justice of the peace may grant a warrant of distress for the amount of such penalty and costs. V., c. 39, s. 3.

61

95. When not otherwise specified, every proprietor, owner, agent, tenant, occupier, partner or person actually in charge, either as occupant or servant, shall be deemed to be jointly and severally liable for any penalties or moneys recoverable under any of the provisions of this Act, or of any regulation made under it. R. S., c. 95, s. 19.

MODE OF RECOVERY.

96. Every penalty or forfeiture imposed by this Act or regulations made under it may be recovered or enforced on parole complaint, before any fishery officer, stipendiary magistrate or justice of the peace, in a summary manner.

2. Three days shall elapse between the service and the return day of the summons to any defendant served within fifteen miles, and one day more for each additional fifteen miles of the distance between the place at which the summons is issued and the place of service: Provided, that if it is expedient to proceed against a defendant without delay, any fishery officer or justice of the peace may issue a summons returnable immediately, to compel the defendant to appear before him forthwith, or may issue a warrant for the apprehension of such defendant simultaneously with the summons. R. S., c. 95, s. 19.

97. Penalties incurred under this Act, or the regulations made under it, shall be sued for within two years from the commission of the offence. R. S., c. 95, s. 19.

646

98. If any defendant has goods and chattels whereon the costs may be levied, the complainant may under the warrant of any fishery officer or other justice of the peace, distrain for the amount thereof, notwithstanding the imprisonment of the person convicted. R. S., c. 95, s. 18.

FORMS OF PROCEDURE.

99. The forms in the schedule to this Act may be used when applicable, and Part XV. of the Criminal Code shall apply to proceedings under this Act. R. S., c. 95, s. 20.

100. No proceeding or conviction under this Act or under any regulation made under it shall be set aside or quashed for irregu larity or defect in form, and no warrant of arrest or commitment

shall be held void by reason of any defect therein, if it is therein alleged that the defendant has been convicted, and there is a good and valid conviction to sustain the same. R. S., c. 95, s. 19.

APPLICATION OF FINES AND FORFEITURES.

101. A moiety of every pecuniary penalty levied by virtue of this Act shall belong to His Majesty, and the other moiety shall be paid to the prosecutor, together with costs taxed to him in respect thereof. 54-55 V., c. 43, s. 2.

102. His Majesty's share of each penalty and all proceeds derived from the sale of confiscated articles under this Act, shall be paid to the Minister of Finance through the Department of Marine and Fisheries, and be applied towards the expenses incurred for the protection of the fisheries. R. S., c. 95, s. 18.

APPEAL.

103. Persons aggrieved by any conviction for any offence under this Act may appeal by petition to the Minister, who may remit penalties and restore forfeitures under this Act. R. S., c. 95, s. 18. No. 93.-1906: Statute of Canada; Revised Statutes 1906, Cap. 47.

An Act to protect the Customs and Fisheries.

SHORT TITLE.

1. This Act may be cited as the Customs and Fisheries Protection Act.

LICENSES.

2. The Governor in Council may, from time to time, grant to any foreign ship, vessel or boat, or to any ship, vessel or boat not navigated according to the laws of the United Kingdom or of Canada, at such rate and for such term not exceeding one year, as he deems expedient, a license to fish for, take, dry or cure any fish of any kind whatsoever, in British waters, within three marine miles of any of the coasts, bays, creeks or harbours of Canada, not included within the limits specified and described in the first article of the convention between His late Majesty King George the Third and the United States of America, made and signed at London, on the twentieth day of October, one thousand eight hundred and eighteen. R. S., c. 94, s. 1.

3. The Governor in Council may, from time to time, authorize the issue of licenses to United States fishing vessels, enabling them to enter any port on the Atlantic coast of Canada, during the periods mentioned in such licenses, for the purposes of

(a) The purchase of bait, ice, seines, lines and all other supplies and outfits; and,

(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.

"Act now questioned by the United States, see Appendix, pp. 4–5.

3. No license shall be issued for a longer period than one calendar year, and all licenses shall expire on the thirty-first day of December of the year for which they are issued. 55-56 V., c. 3, s. 1.

4. The order in council for the issue of such licenses 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 next ensuing session. 55-56 V., c. 3, s. 2.

BOARDING AND SEARCH.

5. Any commissioned officer of His Majesty's navy, serving on board any vessel of His Majesty's navy cruising and being in the

waters of Canada for the purpose of affording protection to 647 His Majesty's subjects engaged in the fisheries, or any com

missioned officer of His Majesty's navy, fishery officer or stipendiary magistrate, on board of any vessel belonging to or in the service of the Government of Canada, and employed in the service of protecting the fisheries, or any officer of the Customs of Canada, sheriff, justice of the peace or other person duly commissioned for that purpose, may go on board of any ship, vessel or boat within any harbour in Canada, or hovering in British waters within three marine miles. of any of the coasts, bays, creeks, or harbours in Canada, or in or upon the inland waters of Canada, and stay on board so long as she remains within such harbour or distance. R. S., c. 94, s. 2.

6. Any one of the officers or persons hereinbefore mentioned may bring any ship, vessel or boat, being within any harbour in Canada, or hovering in British waters, within three marine miles of any of the coasts, bays, creeks or harbours in Canada, or in or upon the inland waters of Canada, into port, and search her cargo, and may also examine the master or person in command upon oath touching the cargo and voyage. R. S., c. 94, ss. 3 and 20.

7. Every ship, vessel, or boat, liable to seizure or examination under this or any Act of the Parliament of Canada shall bring to, when required so to do in the King's name by any commissioned officer of His Majesty's navy, or any officer of the Customs or of the fisheries protection service, or person employed as such, or any stipendiary magistrate, on board of any cruiser or vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the Customs or Fisheries, or, upon signal made by any such Government vessel or cruiser by hoisting the pennant and ensign approved and appointed for the purpose by order of the Governor in Council.

2. On any such ship, vessel or boat failing to bring to when required being chased by any such Government vessel or cruiser having such pennant and ensign hoisted, the captain, master or other person in charge of such Government vessel or cruiser may, after first causing a gun to be fired as a signal, fire at or into such ship, vessel or boat.

3. Such captain, master or other person, as well as any person acting in his aid or by his direction, is hereby indemnified and discharged from any indictment, penalty, action, or other proceeding for so doing. 61 V., c. 38, ss. 1 and 2.

8. No person on board of any ship, vessel or boat, so liable to seizure or examination, which is being chased by any Government vessel or

other cruiser for having failed to bring to upon being required so to do or upon signal made as in the last preceding section provided, shall, during such chase, and before such ship, vessel or boat brings to, throw overboard, stave or destroy any part of the cargo of such ship, vessel or boat, to prevent seizure. 61 V., c. 38, s. 3.

OFFENCES AND PENALTIES.

9. If the master or person in command of any ship, vessel or boat does not, upon any examination on oath by any officer or person under the authority of this Act touching the cargo and voyage of any such ship, vessel or boat, truly answer all questions put to him in such examination, he shall incur a penalty of four hundred dollars. R. S., c. 94, s. 3.

10. Every ship, vessel or boat which is foreign, or not navigated according to the laws of the United Kingdom or of Canada, which,(a) has been found fishing or preparing to fish, or to have been fishing in British waters within three marine miles of any of the coasts, bays, creeks or harbours of Canada, not included within the limits specified and described in the first article of the aforesaid convention, or in or upon the inland waters of Canada, without a license then in force granted under this Act; or,

(b) has entered such waters for any purpose not permitted by treaty or convention, or by any law of the United Kingdom or of Canada for the time being in force;

shall, together with the tackle, rigging, apparel, furniture, stores and cargo thereof, be forfeited. R. S., c. 94, ss. 3 and 20.

11. If any ship, vessel, or boat, liable to seizure or examination under this or any Act of Parliament of Canada does not bring to, when required so to do in the King's name by any commissioned officer of His Majesty's navy, or any officer of the Customs or of the fisheries protection service, or person employed as such, or any stipendiary magistrate on board of any cruiser or vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the Customs or Fisheries, or upon signal made by any such Government vessel or cruiser by hoisting the pennant and ensign approved and appointed for such purpose by order of the Governor in Council, the master or officer in charge of such ship, vesssel, or boat, shall incur a penalty of four hundred dollars.

2. The ship, vessel, or boat, may be seized and detained until such penalty is paid. 61. V., c. 38, s. 1.

12. If, during chase by such Government vessel or cruiser, or before such ship, vessel, or boat brings to, any person on board such ship, vessel or boat throws overboard or staves or destroys any part of her cargo to prevent seizure, such ship, vessel, or boat shall be forfeited. 61 V., c. 38, s. 3.

13. Every person opposing any officer or person in the execution of his duty under this Act, or aiding or abetting any other person in such opposition, is guilty of an indictable offence, and liable to a fine of eight hundred dollars and to two years' imprisonment. R. S., c. 94, s. 4.

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PROCEDURE.

14. All suits and proceedings for the forfeiture or sale of any ship, vessel or boat, or for the recovery and enforcement of any penalty imposed by reason of,—

648 (a) such ship, vessel, or boat not bringing to when required so to do in the King's name, as by this Act provided;

or,

(b) the throwing overboard, staving or destroying by any person on board any such ship, vessel, or boat during chase by any Government cruiser or vessel, or before such ship, vessel, or boat brings to, after being required so to do in the King's name, of any part of her cargo to prevent seizure; may, in addition to any other remedy provided by law, be commenced and prosecuted under the procedure provided by the Customs Act, in so far as the same is applicable.

2. The proceeds of such penalties and forfeitures shall be dealt with in the same manner as the proceeds of penalties and forfeitures under the laws relating to the Customs. 61 V., c. 38, s. 4.

15. All goods, ships, vessels and boats, and the tackel, rigging, apparel, furniture, stores and cargo liable to seizure or forfeiture under this Act, may be seized and secured by any of the officers or persons hereinbefore authorized to go on board of, search or pursue a ship, vessel or boat. R. S., c. 94, s. 4.

16. All goods, ships, vessels and boats, and the tackle, rigging, apparel, furniture, stores and cargo seized as liable to forfeiture under this Act, shall be forthwith delivered into the custody of such fishery officer, or Customs officer, or other person, as the Minister of Marine and Fisheries, from time to time, directs, or shall be retained by the officer making the seizure in his own custody, if so directed. by the Minister; and, in either case, shall be secured and kept as other goods, ships, vessels and boats, and the tackle, rigging, apparel, furniture, stores and cargo seized are directed by the laws in force in the province in which the seizure is made, to be secured and kept. R. S., c. 94, s. 5.

17. All goods, vessels and boats, and the tackle, rigging, apparel, furniture, stores and cargo condemned as forfeited under this Act, shall, under regulations made from time to time by the Governor in Council, be sold by public auction, by direction of the officer who has the custody thereof: Provided that the Governor in Council may direct that any goods, vessels or boats and the tackle, rigging, apparel, furniture, stores and cargo seized and forfeited shall be destroyed or be reserved for the public service.

2. The proceeds of every such sale shall be subject to the control of the Minister of Marine and Fisheries, who shall first pay thereout all necessary costs and expenses of custody and sale; and the Governor in Council may from time to time apportion three-fourths or less of the net remainder among the officers and crew of any of His Majesty's ships or Canadian Government vessels from on board of which the seizure was made as he thinks right, but he shall reserve to the Crown and pay over to the Minister of Finance at least onefourth of such net remainder to form part of the Consolidated Revenue Fund of Canada. R. S., c. 94, s. 6.