« AnteriorContinuar »
any fish-guts, offals or gurry overboard, within the distance of six leagues from the shore and islands of the inferior district of Gaspé, and counties of Cornwallis and Northumberland aforesaid, nor on any fishing bank, under the penalty of twenty pounds, current money of this province.
IV. Ånd be it further enacted by the authority aforesaid, that no person or persons shall cast anchor near the shore, or do any thing within the aforesaid limits, so as wilfully to annoy or obstruct the hauling of seines, or to obstruct or prevent the setting of nets, nor shall any nets be wilfully set or placed, so as to prevent or obstruct the hauling of seines, under the penalty of five 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. Provided always, that no such nets or seines as aforesaid shall be set or used so as to incommode or obstruct the navigation or anchorage in any harbour, roadstead, cove or place necessary for the common purposes of navigation.
VI. And whereas it is necessary to prevent the pernicious custom of destroying and using caplin for the purposes of manure, a custom injurious to the fisheries of the said inferior district; be it therefore further enacted by the authority aforesaid, that any person or persons who shall, in the said inferior district of Gaspé, or in either of the aforesaid counties of Cornwallis or Northumberland, to the eastward of Cape Tourmente, make use of any caplin, or of herring spawn or caplin spawn, for the purposes of manure, or who shall take or destroy any caplin, or herring spawn or caplin spawn, for the purposes aforesaid, or for any other purpose than that of using the same as bait, or curing the same, or for the consumption of themselves, their families, neighbours or dependants, or to be sent fresh to market, shall incur a penalty of two pounds for every such offence, and stand committed until such penalty be paid, and for a second and every subsequent offence, a penalty of four pounds.
XVIII. And be it further enacted by authority aforesaid, that it shall be lawful for the several grand juries for the said inferior district of Gaspé, at their general sessions of the peace, upon the recommendation and with the concurrence of the justices of the peace attending the session, or a majority of them, to make for the temporary and local regulation of the fisheries in the said inferior district, such further rules and regulations as to them shall appear most expedient, for the general welfare and advantage of the said fisheries, not being contrary to the intent and meaning of this Act.
XIX. Provided always and be it further enacted by the authority a foresaid, that no rule or regulation that may be so as a foresaid made, shall have force or effect until the same shall have been approved and homologated by the judge of the inferior district of Gaspé, and thereafter duly notified by an advertisement publicly posted up by the clerk of the peace in and for the said inferior district; whose duty it shall be to attend to the same, and see or cause such advertisement to be duly posted up as hereby directed and enacted, with the least possible delay, at the church door of each and every church, chapel, or other place of divine service, in the said inferior district of Gaspé, or at the most public places of each and every settlement in the said inferior district, where the fisheries are carried on, in case there should be no such church, chapel, or other place of divine servioe as aforesaid. And provided also, that no fine to be imposed by such rules or regulations, shall, in any case, exceed the sum of twenty shillings, currency; and that no rule or regulation that may at any time be made, under and in virtue of this Act, shall have force or effect after the expiration of this Act. And a copy of the rules and regulations that may
as aforesaid be made and confirmed, under and in virtue of this 609 Act, shall, at the ensuing session of the Legislature, be laid before the three branches of the same, by the
clerk of the provincial court of the said inferior district, within one month after the opening of the session.
XXV. And be it further enacted by the authority aforesaid, that from and after the first day of September, one thousand eight hundred and twenty-four: no pickled or salted salmon, mackerel or herring of any kind, in tierces, half-tierces, barrels or half-barrels, shall be exported from the said inferior district, nor from either of the said counties of Cornwallis or Northumberland to the east of Cape Tourmente, nor shipped for exportation therefrom, unless the name of the shipper, with the year of shipment, of the person owning, or of the person having salted, cured or packed the same in such tierces, half-tierces, or barrels, half-barrels, be branded in large and legible letters and figures on the heads or butts of the several tierces, halftierces, barrels or half-barrels, that may be so as aforesaid shipped for exportation; and when such salmon, mackerel, or herring, in tierces, half-tierces, barrels or half-barrels, shall be shipped from that part of the said inferior district, lying in the Baie des Chaleurs, the words Baie des Chaleurs shall also be branded upon the same, respectively, in large and legible letters, immediately under the name of the shipper or owner, or person having salted, cured and packed the fish aforesaid. And when shipments of such salmon, mackerel or herring, as aforesaid, shall be made for exportation as aforesaid, from any part of the said inferior district, eastward of Point Mackerel, at the entrance of the aforesaid Baie des Chaleurs, the word Gaspé shall, instead of the words Bay Chaleurs, in like manner be branded on the heads or butts of the several tierces, half-tierces, barrels or half-barrels, that may be shipped, under the penalty of seizure and forfeiture of each and every tierce, half-tierce, barrel or halfbarrel, of pickled or salted salmon, mackerel or herring, that shall be shipped in disobedience to this Act, for exportation, from the said inferior district of Gaspé.
XXXVII. And be it further enacted by the authority aforesaid, that between the service and return of every such Summons as a foresaid, there shall at least be three intermediate days, and one additional day for every five leagues there may be between the place of residence of the Justice of the Peace, or place where the Court may be held, and the usual residence or domicile of the Defendant.
XXXVIII. Provided always, and be it further enacted by the authority aforesaid, that in cases where the offender may not be resident in the said Inferior District, or of either of the said Counties
wherein the offence may be committed, and circumstances may render it expedient to enforce, without delay, the penalties by this Act imposed, it shall be lawful for any Justice of the Peace before whom the plaint or information may have been lodged, to issue a Summons, returnable before him immediately after service thereof, or within such reasonable time as he shall by the said Summons appoint; and if, on the return of such summons, or at the time thereby appointed, the Defendant shall not appear to answer thereto, the Justice of the Peace who may have issued such Summons, on receiving satisfactory proof of the service thereof upon the Defendant, shall proceed in a summary manner to receive evidence of and concerning the offence alleged against the Defendant, and if such evidence be sufficient to warrant a conviction, such Justice of the Peace shall forth with, after entry of the conviction in a register to be by him kept for the purpose, be authorised and empowered to enforce the same according to the provisions of this Act.
XLVII. And be it further enacted by the authority aforesaid, that this Act shall continue and be in force until the first day of May, in the year of our Lord one thousand eight hundred and twentynine, and no longer.
No. 67.-1829, February 10: Statute of New Brunswick, 9 and 10
Geo. IV, Cap. 3. An Act to continue the Laws for regulating the Fisheries in the County of
[Passed 10th February, 1829.] Be it enacted by the Lieutenant-Governor, Council and Assembly, That a certain act passed in the thirty-ninth year of the reign of His late Majesty King George the third, intituled “An Act for regulating the Fisheries in the County of Northumberland;” and also a certain other Act passed in the fifty-sixth year of the reign of His said Majesty, intituled, “An Act in amendment of an Act intituled, ‘An Act for regulating the Fisheries in the County of Northumberland;'” and also a certain other Act passed in the fourth year of the Reign of His present Majesty, intituled, “An Act in further amendment of the Laws for regulating the fisheries in the County of Northumberland; " so far as the said several Acts are now in force, be, and the same are hereby continued and declared to be in force until the tenth day of May, which will be in the year of our Lord one thousand eight hundred and thirty-four.
610 No. 68.-1829, March 14: Extract from Statute of Lower
Canada, 9 Geo. IV, cap. 42.
(14th March, 1829.) Whereas an Act passed in the fourth year of His Majesty's reign, chapter first, for regulating the fisheries in the inferior district of Gaspé, and in the counties of Cornwallis and Northumberland, will expire on the first of May next, and whereas it is expedient that certain provisions to take effect immediately after the expiration of the said Act, should again be made to be in force for a limited time thereafter, for the preservation and promotion of the fisheries in the said county of Gaspé: 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."
IV. And be it further enacted by the authority aforesaid, that it shall be lawful for the several Grand Juries in the said County, at the general Sessions of the Peace, upon the recommendation and with the concurrence of the Justices of the Peace, or a majority of them, to make for the temporary and local regulation of the Fisheries, and of the fishermen and persons employed about the same, such rules and regulations, not contrary to this Act, or to any law in force in this Province, as to them shall appear conducive to the advantage of the said Fisheries; Provided always, that no fine, penalty or forfeiture imposed by any rule or regulation so made shall exceed in amount twenty shillings, currency, nor have force or effect beyond the duration of this Act: And provided also that no rule or regulation so made shall be binding or have force or effect, until the same shall have been publicly posted up at the door of the church or chapel, and where there is no church or chapel, then at the most public place of the settlement where the rule or regulation is intended to have effect, nor until such other requisites as the Justices of the Peace in Session aforesaid, for the full information of the public, may order, have been duly complied with, and certified as such by the Clerk of the Peace. Provided nevertheless, that all rules and regulations which shall be so made by virtue of this Act, shall be laid before the three Branches of the Provincial Legislature, within one year after making of the same, and that such only of the said rules and regulations shall afterwards remain in force as shall be approved and confirmed by Act of the Provincial Parliament, and all other of the said rules and regulations not so approved and confirmed shall cease and determine at the close of the Session of the Legislature during which the same shall have been laid before the three Branches thereof.
VIII. And be it declared and further enacted by the authority aforesaid, 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 said county 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 the 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, or by virtue of any title derived under any Act of the Legislature of this province.
XIX. And be it further enacted by the authority aforesaid, that this Act shall be in force until the first day of May, in the year of our Lord, one thousand eight hundred and thirty-three, and no longer.
No. 69.-1832, March 9: Extract from Statute of New Brunswick, %
William IV, Cap. 9.
AN ACT To provide for maintaining Light Houses within the Bay of Fundy.
[Passed 9th March 1832.) I. Be it enacted by the Lieutenant Governor, Council and Assembly, That an Act made and passed in the tenth and eleventh years of the reign of his late majesty King George the Fourth, intituled
An Act to repeal all the Acts now in force relating to the light 611 house on Partridge Island, and to make provision for the
future support thereof, and of other Light Houses at the entrance of the harbour of Saint John; and also an Act made and passed in the same year, intituled An Act to provide for the maintenance of the Light llouse established upon the Island of Campo Betlo, near Head Harbour, in the County of Charlotte, be and the same are hereby repealed.
II. And be it further enacted, That there be and is hereby granted to His Majesty, his heirs and successors, for the support of the several light houses now erected, or which may be hereafter erected, upon any of the coasts of the Bay of Fundy, or upon any of the islands or rocks in or adjacent thereto, a duty of four pence per ton for each and every ton which each and every vessel (excepting coasters and fishing vessels, new vessels not registered, and vessels proceeding to any of the ports of the United States within the Bay of Passamaquody), shall admeasure agreeably to their registers, which may arrive in any port or place within the Bay of Fundy from any port or place without the limits hereinafter described for coasters; and for registered coasters and fishing vessels under thirty five tons a duty of twelve shillings per annum; from thirty five to fifty tons twenty five shillings per annum; from fifty to seventy five tons thirty shillings per annum; and for all such vessels over seventy five tons thirty five shillings per annum.
IIŤ. And be it further enacted, That all the light duties imposed in and by the second section of this Act, shall be paid by the Master, Owner or Consignee of each and every vessel, at the time of the arrival of such vessel at any port or place within the Bay of Fundy,
92909° --S. Doc. 870, 61-3, vol5-13