any herring, caplin, squid, or other bait fishes, from, on, or near any parts of this colony or its dependencies, or from or in any of the bays, harbors, or other places therein, without a license in writing to be granted and issued as hereinafter provided.

2. Licenses may be granted for any of the following purposes, viz.:

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(a.) To export bait fishes to a foreign country for bait purposes. (b.) To export bait fishes to a foreign country for food or consumption.

(c.) To export bait fishes for use for bait purposes in prosecuting deep sea fisheries.

(d.) To haul, catch, or take bait fishes for exportation.

(e.) To purchase bait fishes for exportation for food or consumption.

(f.) To take, ship, or put on board a ship or vessel, or to carry or convey on board a ship or vessel, bait fishes for exportation for food or consumption.

(g.) To purchase bait fishes for exportation for bait purposes. (h.) To take, ship, or put on board a ship or vessel, or to carry or convey on board a ship or vessel, bait fishes for exportation for bait purposes.

(i.) To take, ship, or put on board a ship or vessel, or to carry or convey on board a ship or vessel, coastwise, to be discharged or landed or transhipped to some other ship or vessel within some port in this Colony.

3. No such licenses shall be issued except under the authority of the Governor in Council, and countersigned by the Colonial Secretary.

4. The Governor in Council may, from time to time, by proclamation, suspend or limit the operation of this chapter, and the issue of licenses thereunder, in relation to any district or part of this colony, or the coasts thereof, and for such period and in relation to sale or exportation to such places or for such purposes and in such quantities as shall appear expedient, and as shall be declared and defined in the proclamation.

5. No license under this chapter shall be granted to any person unless he shall have first made an affidavit before a Sub-collector or Preventive Officer of Customs, or a stipendiary Magistrate, setting forth the following particulars, viz.: the name of the person to whom the license is to be granted; the name of the vessel on board of which it is intended to convey or export bait fishes; the purpose for which such bait fishes are intended to be conveyed or exported, whether for food or consumption, or for bait purposes; the country to which it is intended to export the same, or the place where the fishery is to be prosecuted for which such bait fishes are to be used.

6. Applications for licenses under this chapter shall be made to a stipendiary Magistrate or a Customs' Officer, who shall require the applicant in each case to make before him an affidavit stating the facts and particulars, as required under section five to be set forth in the license; and it shall be the duty of the said stipendiary Magistrate or Customs' Officer to report to the Governor in Council any refusal on the part of the applicant to make such affidavit, or any bona fide doubt on the part of such stipendiary Magistrate or Cus

toms' officer of the truth of any of the statements set forth in such affidavit, or of a belief on his part that such license is applied for for the purpose of evading or defeating, or assisting in evading or defeating, the provisions of this chapter. In such case it shall be the duty of such stipendiary Magistrate or other officer to withhold such license and await further instructions.

7. In every case in which a license is granted under this chapter, the person to whom the same is granted shall also give bond to the Receiver General of this colony, with two sufficient securities in the sum of not less than one thousand dollars or more than two thousand dollars each, containing the condition that the terms of the license shall in all respects be complied with; and in the case of a license to export to a foreign country, that satisfactory proof of the landing of the cargo in such foreign country will be furnished within a stated period, and the forfeiture of the penal sum under such bond shall be in addition to any other penalty, forfeiture or punishment which may be imposed for the same offence under this chapter.

8. The forms of the licenses, affidavits and bonds, above provided, shall be prescribed by the Governor in Council.

9. Any person who shall violate any of the provisions of section one of this chapter, or any of the sub-sections thereof; or (1.) Use, dispose of, or deal with any bait fishes otherwise than in accordance with the terms of the affidavit made upon application for a license, or with the terms of such license;

or,

(2.) Make any untrue statement in any affidavit upon application for a license under this chapter; or,

(3.) Obtain a license under this chapter by means of any false statement or misrepresentation, or by the suppression or concealment of any material fact,

shall be liable for every first offence to a penalty not exceeding one thousand dollars or imprisonment for a period not exceeding twelve months.

Any person convicted of a second or subsequent offence under this chapter shall, on conviction, be subject to imprisonment with hard labour for a period of not less than twelve months.

10. In addition to the punishment prescribed by the foregoing section, the convicting Magistrate may order the confiscation and sale of the herring, caplin, squid or other bait fishes which have been sold, purchased, hauled, taken, conveyed or exported in violation of the provisions of this chapter, or the terms of any license thereunder, or of the boat or vessel on board of which such bait fishes shall be found to have been unlawfully shipped, conveyed or exported, and the forfeiture of any licence held by the offender.

11. Any person who shall sell any herring, caplin, squid or other bait fishes for the purposes of shipping or putting on board of any ship or vessel, or for the purpose of exportation to any person not holding or producing a license under this chapter, shall be liable to a fine not exceeding five hundred dollars, or to imprisonment not exceeding three months.

12. In any prosecution under the next preceding section, the onus of proof that the bait fishes were not intended for shipment or for exportation shall rest upon the party accused: Provided there be

proof of a sale under such circumstances as shall be consistent with reasonable presumption that shipment or exportation was intended.

a

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13. The Governor in Council may, from time to time, appoint special commissioners for the purpose of enforcing the provisions of this chapter.

14. Any such Commissioner, or any Justice of the Peace, Subcollector, Preventive Officer, fishery warden or constable may board and examine and search any boat or vessel suspected of having on board, or of conveying or exporting bait fishes contrary to the provisions of this chapter, or of any license granted thereunder; and in case any such commissioner, Justice of the Peace, Sub-collector, Preventive Officer, fishery warden, constable, or the crew of any vessel employed by the government, shall make a signal by hoisting the International signal B.M.I., meaning "Heave to, I will send a boat," and firing a gun, or by dipping at the main peak three times the flag with the badge of the colony, as prescribed by the Colonial regulations, it shall be the duty of the owner, master or person managing or controlling such vessel to heave to until such commissioner, Justice, Sub-collector, fishery warden or constable shall have boarded and examined such last-named vessel; and in case of such owner, master or person managing or controlling such last-named vessel omitting to heave her to, or obstructing or omitting to afford facilities for such commissioner, Justice, Sub-collector, Preventive Officer, fishery warden or constable in boarding and examining such vessel, he shall be subject to a penalty not exceeding five hundred dollars or to imprisonment for a term not exceeding three months. The master of any vessel who shall refuse or unreasonably delay in obeying such signal may be arrested and brought before a stipendiary magistrate, and his vessel may be seized and held by any such commissioner, Justice, Sub-collector, Preventive Officer, fishery warden or constable until an adjudication shall have taken place, upon a complaint under this section.

15. Any person found hauling, catching, taking, purchasing, selling, shipping or conveying any bait fishes, or any person having any such fishes in his possession, or the master, owner or crew of any boat or vessel on board of which any bait fishes may be found, may be examined on oath by a Justice of the Peace, Sub-collector, Preventive Officer, fishery warden or commissioner, appointed under this chapter, as to the quantity and kind of bait fishes in his possession or on board of such boat or vessel, the purpose for which such bait fishes are intended to be used or as to the place to which such bait fishes are intended to be conveyed or exported, and upon his refusing to answer, or answering untruly, or failing to produce a license under this chapter, or having such license, being found to have violated or failed to comply with the provisions thereof, such Justice, Sub-collector, Preventive Officer, fishery warden or commissioner may seize the boat or vessel on board of which such bait fishes shall have been hauled or caught, or put, kept, shipped, carried, conveyed or exported, or on board of which the same may have been found, her tackle, apparel, furniture and outfit, and the said bait fishes so found as aforesaid, and may hold the same until an adjudication shall have been had, upon a complaint in relation to such alleged offence.

16. In any such case as mentioned in the next preceding section, any officer therein authorized to seize any boat or vessel, and any

constable or peace officer then present, shall have power, by direction of any such officer authorized as aforesaid, and without any warrant or complaint upon oath, to arrest any person found committing or omitting to do any of the acts for or on account of which such boat or vessel may be seized, and to detain him in custody until an adjudication shall have taken place as before provided.

17. In any prosecution under this chapter the fact of shipping, putting or having bait fishes on board of any boat or vessel, shall be prima facie evidence of the same having been so shipped, put, had or conveyed for the purpose of exportation, and the refusal or failure to produce a license upon being called upon so to do, shall be prima facie evidence of such bait fishes having been shipped, put, conveyed or exported without a license; and any exportation, or intended exportation of bait fishes shall in the absence of proof to the contrary, be held to be an exportation or intention to export for bait purposes.

18. All offenders against the provisions of this chapter may be prosecuted and convicted, and all fines, forfeitures, penalties, orders for confiscation, and other punishments imposed, recovered and made in a summary manner before a stipendiary Magistrate. In the event of the prosecution of an offender who would not be liable to or ordered to pay a fine, then the reasonable expenses of the prosecutor, including a fair amount for his time and labour expended in and about such prosecution shall, on the certificate of the Magistrate who heard the case, be paid to the prosecutor by the Receiver General.

19. If any person convicted under this chapter shall feel himself aggrieved by such conviction, he may appeal therefrom to the then next sitting of Her Majesty's Supreme Court holden in or nearest to the place where such conviction shall have been had: Provided notice of such appeal and of the cause and matter thereof be given to the convicting Magistrate in writing, within seven days next after such conviction, and the party desiring to appeal shall also, within fourteen days after such notice, give and enter into recognizance, with two approved sureties, before the convicting Magistrate, conditioned for the appearance of the person convicted at such next sitting of the Supreme Court on the first day of such sitting, for the prosecution of the appeal with effect and without delay, to abide the judgment of the Court thereon and for the delivery and surrender of any vessel or other property ordered to be confiscated, and to pay such costs as the Court shall award. Any person who shall be convicted and imprisoned by any such Magistrate for an offence against this chapter, and who shall have given such notice of appeal, and shall have entered into such recognizance with approved sureties may be discharged from prison, in which case the recognizance shall be further conditioned for the surrender of the convicted party, on the first day of such next sitting of the Supreme Court, to the sheriff of the district in which such appeal may be heard.

20. No proceeding or conviction by, or order of any Justice or other officer under this chapter, shall be quashed or set aside for any informality, provided the same shall be substantially in accordance with the intent and meaning of this chapter.

21. In this chapter the word "vessel" shall include any boat or ship registered or not registered, jack, skiff, punt or launch, whether propelled by sails, oars or steam.

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22. Nothing in this chapter shall affect the rights and privileges granted by treaty to the subjects of any state in amity with Her Majesty.

23. For the purposes of this chapter all stipendiary Magistrates shall be deemed to be stipendiary Magistrates for the colony, and may exercise the jurisdiction given by this chapter in any part of the colony. All officers engaged in carrying out this chapter, and the masters and crews of all vessels engaged in the said service, may severally be sworn as special constables, and shall, while engaged in carrying out thi chapter, have all the powers, authority and protection of police constables.

No. 137.-1893, May 24: Newfoundland Statute, 56 Vict., Cap. 6. An Act respecting foreign fishing vessels.

Section.

1.-Governor in Council may issue licenses to foreign vessels for certain purposes.

2.-Powers of Justices of the Peace and others.

3.-Officers may seize and examine vessels and cargo in certain cases.

4.-Seizure of vessel and penalty for obstructing officer.

Section.

[Passed 24th May, 1893.]

5.-Evidence of breach of this Act.
6.-Mode of prosecution.
7.-Respecting appeal.

8. No proceeding to be quashed for
want of form.

9.-Exception in favor of rights by
treaty.

10. Respecting entry and applications
for licences.
11.-Interpretation.

Be it enacted by the Governor, the Legislative Council and House of Assembly in Legislative Session convened, as follows:

1. The Governor in Council may authorize the issue of licenses to foreign fishing vessels, enabling them to enter any port on the coasts of this Island for the following purposes: The purchase of bait, ice, seines, lines and all other supplies and outfits for the fishery, and for the shipping of crews.

2.-Any Justice of the Peace, Sub-Collector, Preventive Officer, Fishery Warden or Constable, may go on board any foreign fishing vessel within any port on the coast of this Island, or hovering in British waters within three marine miles of any of the coasts, bays, creeks or harbors in this Island, and may stay on board such vessel so long as she remains within such port or distance.

3.-Any one of the Officers or persons hereinbefore mentioned may bring any foreign fishing vessel, being within any port on the coasts of this Island, or hovering in British waters within three marine miles of any of the coasts, bays, creeks or harbors of this Island, into port, may search her cargo and may examine the master upon oath touching the cargo and voyage; and the master or person in command shall answer truly such questions as shall be put to him, under a penalty not exceeding five hundred dollars. And if such foreign fishing vessel has on board any herring, caplin, squid, or other bait fishes, ice, lines, seines, or other outfits or supplies for the fishery, purchased within any port on the coasts of this Island, or within the distance of three marine miles from any of the coasts, bays, creeks or