expiration of two Calendar months next, after such order and declaration shall have been published twice in the Quebec Gazette.

XXIII. And be it further enacted by the authority aforesaid, that no suit or action shall be brought against any person or persons for any penalty incurred under this Act, unless such suit or action be commenced within twelve calendar months next after the fact committed.

XXIV. And be it further enacted by the authority aforesaid, that this Act shall be and continue in force until the first day of January in the year of our Lord one thousand eight hundred and twelve, and from thence to the end of the then next Session of the Provincial Parliament.

No. 58.-1809: Statute of Nova Scotia, 49 Geo. III, Cap. 9. An Act to provide for the support of a Light-House on Briar Island, at the entrance of the Bay of Fundy.

Whereas, a Light-House is now erected on Briar Island, at the entrance of the Bay of Fundy, which will be highly beneficial to all Vessels going into that Bay; therefore,

I. Be it enacted, by the Lieutenant-Governor, Council, and Assembly, That so soon as the said Light House shall be completed, and a light kept therein, all ships and vessels which shall enter the Bay of Fundy, and arrive at any port, harbour, creek or bay, in this Province, within the said Bay of Fundy, to the northward of Cape Saint Mary's, shall pay the same rate of tonnage duties that are now received from, and made payable by all vessels which enter the harbor of Halifax. Provided always, that in case the Light House at the entrance of the gut of Annapolis, shall be rebuilt, all such ships or vessels that shall enter the said gut of Annapolis, and pay the tonnage duties made payable by all ships or vessels entering the said gut of Annapolis, shall be, and are hereby exempted from the payment of the tonnage duties imposed by this Act.

II. And be it further enacted, That is shall and may be lawful to collect receive and apply, the tonnage dues imposed by this Act, in the same manner, and under the same regulations, that the said tonnage duties are now collected, received and applied, in the said harbor of Halifax.

III. 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, and all the several Acts which have been since made and passed in addition to, and amendment thereof, and to revive, continue, and make the same perpetual,

and all the several matters and things contained therein, shall 603 be, and the same are hereby extended to the said Light-House on Briar Island, at the entrance of the Bay of Fundy, and

also made applicable to enforce the payment of the said tonnage duties on all vessels which enter the Bay of Fundy, and come into any port, harbour, creek or river, within this Province.

IV. And be it further enacted, That this Act shall be and continue in force for three years from the publication thereof, and from thence to the end of the next Session of General Assembly."

No. 59.-1810, March 14: Statute of New Brunswick, 50 Geo. III, Cap. 5.

An Act for the better security of the Navigation of certain Harbors in the County of Northumberland.

Passed the 14th of March, 1810. Whereas for the greater safety and conveniency of the navigation of the bay and harbors of Miramichi, Buctouche, Richibucto and Cocagne, it is necessary that beacons or buoys be erected in said bays and harbors, and that provision be made for defraying such expenses as may be incurred in erecting, repairing and replacing such beacons or buoys.

I. Be it therefore enacted by the President, Council and Assembly, That it shall and may be lawful for such Commissioners as His honor the President or Commander-in-Chief for the time being shall appoint, or the major part of them, to cause to be erected in said bays and harbors, such a number of beacons and buoys as they or the major part of them, shall think necessary for the safety and conveniency of the navigation of the same.

II. And be it further enacted, That so soon as the said beacons or buoys shall be erected, and the same certified to the satisfaction of the Commissioners, or major part of them, to be appointed in manner herein before mentioned, there be and hereby is granted unto His Majesty, his heirs and successors, for defraying such expenses as may be incurred in erecting, repairing, or replacing such beacons or buoys, that is to say, on all vessels entering the bay and harbors of Miramichi, Buctouche, Richibucto and Cocagne, the tonnage duties herein after mentioned, to wit, on all vessels, (coasting craft excepted), one half-penny for each and every ton such vessels admeasure per register, for each and every time such vessel or vessels arrive in any of the said harbors.

III. And be it further enacted, That the tonnage duties herein imposed shall be collected by the Deputy Province Treasurer for the County of Northumberland, or such person or persons as he may appoint for that purpose, and that the said Commissioners shall have full power and authority to call upon the said Deputy Province Treasurer and the persons to be appointed by him as aforesaid, for such sum and sums of money as they shall from time to time respectively have collected; an account of which sum, so to be collected by the persons to be appointed by the said Deputy Province Treasurer as aforesaid, shall be by them respectively, when called upon as aforesaid, rendered upon oath to the said Commissioners, deducting

In force in 1815.

from the amount collected ten per cent. which it shall be lawful for such Deputy Province Treasurer to retain for his trouble in collecting

the same.

IV. And be it further enacted, That every master of such ship or vessel who shall refuse or neglect to call upon the Deputy Province Treasurer, or such person as he may appoint for said county or place, and pay to him such tonnage duties as are herein before imposed within five days after his arrival, shall forfeit and pay for such neglect the sum of three pounds, to be sued for by the said Deputy Province Treasurer or other person authorised to receive the same, and recovered before any one of His Majesty's Justices of the Peace, and applied for the purpose of erecting, repairing, and replacing such beacons and buoys.

V. And be it further enacted, That the Commissioners to be appointed in pursuance of this Act, shall at the first Court of General Sessions of the Peace, held in the County of Northumberland, in each and every year, render an account yearly of the monies from time to time received and expended in pursuance of this Act, the balance if any to be applied by the said Commissioners, or the major part of them, for the purpose of further improving the navigation of said. bays and harbors.

VI. And be it further enacted, That if any person or persons shall take away, destroy, deface or remove any of the said beacons or buoys, such offender or offenders shall on due conviction thereof by the oath of one or more credible witness or witnesses before any one of His Majesty's Justices of the Peace, forfeit and pay the sum of five pounds to be recovered and applied as aforesaid, and on failure of the payment thereof, or want of goods and chattels whereon to levy; such offender or offenders shall be committed by such Justice to the County Gaol for a space of time not exceeding one month.

VII. And be it further enacted, That this Act shall be and continue in force for the term of five years and no longer."

604 No. 60.—1810, March 14: Extract from Statute of New Brunswick, 50 Geo. III, Cap. 20.

An Act, for the further regulation of Fisheries, and for preventing their decay.

Passed the 14th of March, 1810.

Whereas by an Act made and passed in the thirty-third year of His Majesty's year, 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 Boar's Head, or in the harbor of Saint John, more than twenty fathoms in length: and whereas doubts have arisen as to the outward limits of the said harbor:

I. Be it enacted by the President Council and Assembly, That no net more than twenty fathoms in length, shall be set in any part of the said harbor on the northerly side of Partridge Island, nor within

a Continued by 54 Geo. 3, c. 3, and 58 Geo. 3, c. 11, and made perpetual by 3 Geo. 4, c. 4.

or to the northward of straight lines to be drawn, the one from a point commonly called Black Point, on the western side of the said harbor to the most westerly point on the said Island; and the other from the most easterly point on the same island, to a point called Lower-Battery Point, on the eastern side of the said harbor, under the penalty of ten pounds for each and every offence: and no net more than thirty fathoms in length shall be set any where on the outer or southerly side of the above described limits, under the like penalty of ten pounds; and every net that shall be set in violation of this regulation shall be liable to seizure and sale, in the manner and under the conditions and regulations prescribed in the third Section of the said Act, for regulating the Fisheries in the different rivers, coves and creeks of this Province.

II. And be it further enacted, That no net shall be set at or upon the rocks commonly called Shag Rocks, lying between Partridge and Manawagonish Islands, nor shall any two nets tied or fastened together be set, nor any drift net be used for the purpose of catching fish, in the river Saint John, below the Boar's Head, nor in the harbor of Saint John, as above limited, or in any part of the river Saint Croix, within the limits of this Province, under the like penalty respectively of ten pounds for each and every offence, and the seizure and sale of the nets as aforesaid.

III. And be it further enacted, That no drift net, whether single or composed of two or more nets tied or fastened together, and of a length in the whole exceeding thirty fathoms, shall be used for taking fish above the Boar's Head in the River Saint John, or in the river Kennebeckasis, under the penalty of five pounds for each and every offence; nor shall there be used in any branch of either of the said rivers, any such net of a length exceeding in the whole one fourth part of the width of such branch respectively, under the like penalty of five pounds; nor shall any drift nets be any where made use of as aforesaid, within a less distance than thirty fathoms from each other, under the penalty of ten pounds; nor shall any net whatever remain in the water in any part of this Province, at any time between sun-set on Saturday, and sun-rise on the next ensuing Monday, under the penalty of five pounds. And all the several penalties imposed in this and the two preceding Sections (excepting the seizure and sale of nets), shall be recovered, paid and applied in like manner as is directed in and by the first Section of the herein before recited Act.

*

No. 61.-1812: Statute of Nova Scotia, 52 Geo. III, Cap. 4.

An Act to provide for the support of a Light-House on the South end of Coffin's Island, on the eastern side of the entrance of Liverpool Harbour.

Whereas a Light-House is now erecting on the south end of Coffin's Island, on the eastern side of the entrance of Liverpool Harbour, which will be highly beneficial to all Vessels going into that Harbour: therefore,

I. Be it enacted by the Lieutenant-Governor, Council and Assembly, That so soon as the said Light-House shall be completed, and

a light kept therein, all ships and vessels which shall enter the said Harbour, shall pay the same rate of tonnage duties that are now received from, and payable by, all vessels which enter the Harbour of Halifax,

II. And be it further enacted, That it shall and may be lawful to collect, receive and apply, the tonnage duties imposed by this Act, 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.

III. 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, and all the several Acts which have been since made and passed, in addition to an amendment thereof, and to revive, continue, and make the same perpetual, and all the several matters and things contained therein, shall be, and the

same are hereby extended to the said Light-House, on the 605 south end of Coffin's Island, and also made applicable to enforce the payment of the said tonnage duties on all vessels which enter the said Harbour of Liverpool.

IV. And be it further enacted, That this Act shall be and continue in force for three years from the publication thereof, and from thence to the end of the next Session of General Assembly.

No. 62.-1818, March 11: Statute of New Brunswick, 58 Geo. III, cap. 2.

An Act to Prevent the Destruction of the Cod and Scale Fisheries, in the Bays and Harbours of this Province.

[Passed the 11th of March, 1818.] Whereas the valuable and extensive Cod and Scale fisheries of Grand Manan, and other parts of this province, have been greatly injured by throwing into the sea, the heads and other offal of such fish, for the prevention whereof,

1. Be it enacted by the Lieutenant-Governor, Council and Assembly, That from and after the passing of this Act, any person or persons, who shall throw on or about the coasts of Grand Manan, or into any other bay or harbour of this province, at such place or places, where such cod or scale fish are usually taken, from or out of any boat, bark, or vessel, any heads bones or other offal of the fish they may take, purchase or bring from elsewhere, every person so offending shall forfeit and pay a fine, not less than ten shillings, and not exceeding five pounds, with costs, to be paid to the informer, upon due conviction thereof, by the oath of one or more credible witness or witnesses, before any one of His Majesty's justices of the peace, for the county where, or next adjacent to which such offence shall be committed, to be levied by warrant of distress and sale of the offender's goods and chattels, rendering the overplus (if any), to such offender; and for want of sufficient goods, and chattels, the said justice is hereby required to com