use of the poor of the town or parish where such offence shall be committed.

V. 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 set of nets to be set in the district to which they shall be respectively appointed from the proprietors of such nets, as a compensation for their trouble.

VI. 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 or applied.

VII. 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 the Sheriff, his Deputy, or any Constable who are hereby authorized and re600 quired to take up and remove any such incumbrance forth

with; 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, his deputy, or any Constable who may take up and remove the same.

VIII. And be it further enacted, That no salmon shall be taken or killed in any manner whatever, in the River Miramichi, or in the River Restigouche, or in any of the branches of the said rivers, from the thirtieth day of August, to the first day of April in every year; nor shall any person purchase any fish so killed or taken, under the penalty of five shillings for each fish so killed, taken or purchased, to be recovered before any of His Majesty's Justices of the Peace, for the County of Northumberland, for the uses aforesaid.

IX. And be it further enacted, That the Justices of the Peace in the said County of Northumberland, in their General Sessions, shall and may make such rules and regulations for the Fisheries in all other Rivers, Coves and Creeks within the said County, not herein and hereby regulated, as they shall think fit-Provided the same regulations so to be made, be not contrary to nor inconsistent with the provisions herein before contained; and the Overseers of the Fisheries to be appointed in pursuance of this Act, are hereby required to see that such rules and regulations so to be made are observed and enforced in the same manner as any of the rules and regulations in this Act are required to be observed and enforced under such penalties, not exceeding Ten Pounds, as they the said Justices in their discretion shall think fit.

X. And be it further enacted, That this Act shall continue and be in force seven years, and no longer.

No. 56.-1803: Statute of Nova Scotia, 43 Geo. III, Cap. 4.

An Act to provide for the support of a Light-House at the entrance of Annapolis Bason, and for amending an Act, passed in the Twenty-eighth year of His Majesty's reign, entitled, an Act for regulating, and maintaining, a Light-House at the entrance of the Harbour of Shelbourne, and for making perpetual the several Laws herein mentioned.

Whereas a Light-House is now erected at the entrance of the Gut of Annapolis, which will be highly beneficial to all vessels going into that passage, or any part of Annapolis Bason; for the maintenance and regulation of such Light-House:

I. Be it enacted by the Lieutenant Governor, Council and Assembly, That as soon as the said Light House shall be completed, and a light regularly kept therein, all ships or vessel entering the Gut of Annapolis Bason, shall pay the same tonnage duties that are now received from, and made payable by, all vessels which enter the harbour of Halifax.

II. And be it further enacted, That, from and after the publication of this Act, the same light duties shall be paid by all ships and vessels entering the port of Shelburne, as are paid by vessels entering the port of Halifax; any thing in the Act, to which this is an amendment, to the contrary notwithstanding.

III. And be it further enacted, That it shall and may be lawful to collect, receive and apply, the said tonnage duties, in the same manner, and under the same regulations, that the said tonnage duties are now collected, received and applied, in the said harbour of Halifax. IV. And be it further enacted, That the Act, passed in the thirtythird year of His late Majesty's reign, entitled, An Act for regulating and maintaining a Light-House on Sambro-Island; also, 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; also, an Act passed in the thirty-fifth year of His present Majesty's reign, entitled, An Act in addition to, and in amendment of, an Act, passed 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; also, the Act, passed in the thirty-third year of His present Majesty's reign, in amendment of, and in addition to, the several Acts before mentioned; and also, the Act passed in the thirty-seventh year of His present Majesty's reign, to revive and continue the Act passed in the thirty-third year of his present Majesty's reign, as before recited, and every matter, clause and thing, therein contained, are hereby continued in force, made perpetual, and extended to the said Light-House at the entrance of the Gut of Annapolis, and also made applicable to enforce the payment of the said tonnage duties, on all vessels which enter the said Ġut of Annapolis.

No. 57.-1807, April 16: Extract from Statute of Lower Canada, 47 Geo. III, Cap. 12.

An Act for the better Regulation of the Fisheries in the Inferior District of Gaspé, and to repeal an Act or Ordinance therein mentioned.

(16th April, 1807.) Whereas the Fisheries have ever been found beneficial to the Trade of the mother country, as well as of great importance to her 601 Colonies; and Whereas the Laws now in force to regulate the said Fisheries within the inferior District of Gaspé have been found insufficient: in order to ameliorate and amend the same, Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Lower Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, intituled, ‘An Act for making more effectual provision for the Government of the Province of Quebec in North America,' and to make further provision for the Government of the said Province; And it is hereby enacted by the said authority, that all and every His Majesty's subjects shall peaceably have use and enjoy the freedom of taking bait and of fishing in any river, creek, harbour or road with liberty to go on shore on any part within the inferior District of Gaspé, between Cap Cat on the south side of the river Saint Lawrence and the first rapid of the river Ristigouche within the said district, and on the island of Bonaventure opposite to Percé, for the purpose of salting, curing and drying their fish, to cut wood for making and repairing stages, flakes, hurdles, cook-rooms and other purposes necessary for preparing their fish for exportation, or that may be useful to their fishing trade, without hindrance, interruption, denial or molestation from any person or persons whomsoever. Provided such river, creek, harbour or road, or the land upon which such wood may be cut doth not lie within the bounds of any private property by grant from his Majesty or other title proceeding from such grant by his Majesty, or by grant made prior to the year one thousand seven hundred and sixty, or held under and by virtue of any location certificate or title derived from any such location certificate.

II. And be it further enacted by the authority aforesaid, that the master or commander of every vessel fitted out from the United Kingdom of Great Britain and Ireland, or the Dominions thereunto belonging, may take possession of so much of the unoccupied beach within the aforesaid inferior District of Gaspé, as may be necessary for curing his fish and preparing it for exportation, and to retain and enjoy the same so long as he shall not leave it unoccupied for the space of twelve calendar months, in which case it shall be lawful for any other person or persons to take possession thereof in part or the whole, for the same purposes and on the same condition. Provided that such beach be not private property by grant from his Majesty, or other title proceeding therefrom, or by grant prior to the year one thousand seven hundred and sixty, or held under and by virtue of any location certificate or title derived therefrom. Provided also, that such new occupier shall, when thereunto required by

the preceding possessor or his lawful attorney, such demand being made within one year after possession taken, pay him for such part of the flakes and stages, as such new occupier shall have taken possession of. And provided further, that the said preceding possessor not having been paid as aforesaid may remove any building or other improvements erected or made by him on the unoccupied beach as aforesaid, so that such removal be not made during and before the close of the fishing season in which the new occupier shall have taken possession.

III. And be it further enacted by the authority aforesaid, that no ballast or anything else injurious or hurtful to any of the rivers, harbours or roads within the said District of Gaspé, shall be thrown out of any vessels or discharged into any stream, basin or road, but that the same shall be carried on shore, and deposited where no public or private injury may be sustained thereby, nor shall any person or persons throw any fishcuts, offals or gurry overboard, within the distance of four leagues from the shore and islands of the inferior District of Gaspé aforesaid, under the penalty of Ten Pounds, Current money of this Province.

IV. And be it further enacted by the authority aforesaid, that no person or persons shall cast anchor near the shore, or do anything within the aforesaid limits, so as to annoy or obstruct the hauling of Seines or setting of Nets, under the penalty of Two Pounds, current money of this Province, for every such offence, exclusive of such damages as may be recovered at Law, by the proprietor or proprietors of the Seines or Nets which may be thereby injured or destroyed.

XV. And be it further enacted by the authority aforesaid, that it shall and may be lawful for the judge of the provincial court for the inferior district of Gaspé with two or more justices of the peace of the said district, to meet at Carleton in the Bay of Chaleurs, and at Percy in the entry of the Bay of Gaspé, on the first day of each of the general sessions of the peace, to be there held yearly in and for the said inferior district of Gaspé, and, if necessary, on such other subsequent days during the said general sessions, as the said provincial judge and justices shall fix and appoint, and, when so met, to make and frame such reasonable orders, rules and regulations respecting the said fisheries, and all matters and things concerning the same, as may not be repugnant to this Act, nor to any law of this province, and as [to] the said provincial judge and justices shall seem meet for the putting better this Act in execution, and more particularly for the governing and regulating all persons who shall fish or dredge in the rivers and streams in the said inferior district of Gaspé, frequented by fish in the spawning season, and to declare in what manner such persons shall demean themselves in fishing, and with what manner of nets and engines, and at what times and seasons they shall use fishing in the said rivers and streams, and for the preservation, from time to time, of the spawn or fry of fish in the said rivers and streams, and for regulating the manner of placing seines and nets in the havens, rivers, creeks and harbours in the said inferior District of Gaspé, and to annex reasonable penalties and forfeitures for the breach of such orders, rules and regulations,

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not exceeding the sum of five pounds, current money of this province, for any one offence, and such orders, rules and regulations, from time to time, at such meetings so to be held as aforesaid, to alter and amend, and such new and other orders, rules and regulations touching the matters aforesaid, with such reasonable penalties and forfeitures, (not exceeding five pounds currency aforesaid for any one offence), from time to time to make, as to the provincial judge and justices, in their discretion, shall seem meet, and as in their opinion will most effectually promote the good purposes for which this Act is intended. Provided always, that all such rules, orders and regulations as shall be framed, altered or amended at the meetings to be held by the said provincial judge and justices at Carleton aforesaid, shall have force and effect only in that part of the said inferior district of Gaspé to the westward of Mackarel Point in the Bay of Chaleurs, and the rules, orders and regulations so to be framed, altered or amended at the meetings to be held at Percé as aforesaid, shall have force and effect only in that part of the said inferior district to the eastward of Mackarel Point aforesaid, and the clerk of the peace of the said inferior district shall attend such meetings for the purpose of writing down, transcribing and registering such rules, orders and regulations so, from time to time, to be framed, altered or amended as aforesaid, and shall cause a suitable number of copies of the said rules, orders and regulations to be posted up, without loss of time, at the most public places in the different parts of the said inferior district of Gaspé, wherein the same are to have force and effect, and shall furnish and deliver a certified copy thereof to each of the justices of the peace for the said inferior district, and shall publish and make known the same in such other manner as the said provincial judge and justices shall think proper and necessary, and shall, from time to time, order which said. rules, orders and regulations, when so framed, altered or amended, and duly published as aforesaid, shall be binding and obligatory upon all and every person or persons whomsoever, unless and until the same shall be annulled in manner herein after mentioned, and the said clerk of the peace shall further cause the said orders, rules and regulations to be printed and published in two successive Quebec Gazettes, in the English and French languages within six months. after the same shall have been framed or altered and amended as aforesaid, and it shall be the duty of the said clerk of the peace to transmit, in the months of June and October annually, a copy certified under the hand of the said provincial judge, of all such orders, rules and regulations, and amendments or alterations as shall be so made, to the Governor, Lieutenant Governor or person administering the government of this province in council. Provided also nevertheless, that it shall and may be lawful to and for the Governor, Lieutenant Governor or person administering the Government of this Province for the time being, by and with the advice of the Executive Council, to order and declare that all, every or any of the Rules, Orders and Regulations so to be made by the said Provincial Judge of the said inferior District of Gaspé, and the said Justices in manner herein before directed, shall be annulled, and be held and considered as null, void and of no effect, and such order and declaration shall render all such Orders, Rules and Regulations null and void at the