use as a private debt, leaving to such party grieved, nevertheless, his rights at common law for any further damages.

21. The owner of every vessel or boat under the burthen of fifteen tons belonging to this province, and employed in fishing, coasting, or piloting, shall furnish a written description of the same, together with his own name, place of abode, and occupation, to the chief officer of the provincial treasury of the district wherein the owner resides; such officer shall thereupon grant to the owner a certificate, that the requisite description has been filed with him, and that a certain number has been fixed thereto; which number shall thereafter be painted conspicuously on both bows in figures not less than nine inches in length, and on the mainsail of such vessel or boat in figures not less than three feet in length.

22. Vessels or boats belonging to owners residing within the Bay of Fundy, shall be distinguished by numerals in red on the bows and mainsail; and vessels or boats belonging to owners residing on the Gulf Coast of this province, shall be distinguished by numerals in black upon a white patch on each bow, and in black upon the mainsail of such boat or vessel.

23. Every vessel or boat under the burden of fifteen tons, belonging to this province, and found fishing, coasting, or piloting near its shores, without bearing a distinguishing number on the bows and mainsail, as above provided, shall be seized and detained until properly numbered, and until the payment of a fine not exceeding five pounds.

24. If the owner of any vessel or boat under the burthen of fifteen tons, shall make any false or fraudulent description of the same, or any misrepresentation whatsoever, in order to obtain a certificate and number therefor, he shall forfeit twenty pounds.

25. If any person shall make a false or fraudulent declaration, oath, or representation with reference to the sale, transfer, registry, or reregistry of any ship or vessel above the burthen of fifteen tons, or shall conspire or collude with a foreigner in any false or fraudulent transfer of a foreign ship or vessel, either to obtain a British register therefor, or for any false, fraudulent, or deceptive purpose, or shall wilfully and knowingly aid in giving to the master or owner of a foreign vessel, being a foreigner, the character of a British subject, or to a foreign vessel the character of a British vessel, he shall forfeit one hundred pounds.

26. The Lieutenant Governor may by commission under the great seal, appoint the officer in command of any of Her Majesty's vessels of war, employed on the coasts of this province in the protection of the fisheries, to be a Justice of the Peace in any or every county of this province; such commission to be in force while such officer is employed on the coast in the protection of the fisheries, and in command of one of Her Majesty's vessels.

27. In this chapter, " vessels " shall include ships, and "harbours " shall include ports, bays, and creeks.

28. This act shall not come into operation until Her Majesty's approbation is thereunto had and declared."

This Act was specially confirmed, ratified, and finally enacted, by an Order of Her Majesty in Council dated the 24th day of October 1853, and published and declared in the Province the 16th day of November 1853.

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Section.

No. 81.-1854, Statute of New Brunswick: Revised Statutes 1854, Cap. 101

TITLE XXII.—Of the sea and river fisheries.

CHAPTER 101.

1. Wardens, appointment and duty.
2. Warden's pay, amount, by whom,
and when paid.

3. Assessment for Warden's pay,
amount, by whom authorized.
4. Warden competent witness.
5. Leases, &c., when, by whom, and
how granted.

6. Regulations of Governor in Coun-
cil.

7. Gurry grounds.

8. Fishways to be made, in what dams.

9. Rubbish, where it shall not be thrown.

10. Where, when, and in what manner salmon shall not be taken, sold, &c.

11. Angling for salmon, how long permitted.

12. Placing nets, &c., restriction as to.

1. The Governor in Council may appoint two Wardens of the Fisheries in any County, who shall watch over and protect the fisheries, enforce the provisions of this Chapter, the rules of the Justices in Session, or Municipal authorities, and the regulations of the Governor in Council, in relation to such fisheries; and they shall be subject to the directions of, and liable to the penalties imposed by the Governor in Council in the regulations, for misconduct or neglect of duty.

2. Each Warden in addition to the proportion of any penalty received under this Chapter, shall receive from the Provincial Government forty pounds per year for his services; the same shall not be drawn until it be certified to the Governor in Council that the County for which he may have been appointed has provided a similar sum for that purpose.

3. The Justices in Session, or at any Special Sessions if called for that purpose for any County to which any Warden may have been appointed, may assess the inhabitants of the said County for the sum of forty pounds for each Warden, which shall be assessed, collected, and paid as other County rates.

4. Nothing in this Chapter shall prevent the Warden from being a competent witness for the recovery of any penalty therein mentioned. 5. The Governor in Council may grant leases or licenses of occupation, for a term not exceeding five years, for Fishing Stations on ungranted shores, beaches, or islands, which shall terminate when such stations cease to be used for such purpose; no station shall occupy the whole of a locality where there may be space for more than one. When application is made for any such station, the lease or licence therefor shall be sold at public auction after thirty days notice, the upset price being determined by the Governor in Council,

but the rights of parties in lands and privileges already granted shall not be affected thereby.

6. The Governor in Council may make regulations for the management and protection of the fisheries on the sea coast, or around any island of the said coast between low water mark and three marine miles, imposing no greater penalty thereby than fifteen pounds, nor any larger imprisonment than ten days. The regulations shall be published in the Royal Gazette.

7. The Wardens of any County shall when necessary, mark out and designate in proper positions "Gurry Grounds," putting up notices thereof, describing their limits and position, in the several school houses, and other most public places in the Parish where the said gurry grounds are marked out, publishing the like notice in the Royal Gazette; and no person after such posting and publication shall cast overboard from any boat or vessel the offal of fish into the waters at or near the said Parish at any place except the said gurry grounds.

8. In every dam built, or which may hereafter be built, across any stream or river, except where fish may not resort, a proper and suitable fishway shall be made and kept, the Wardens having jurisdiction determining the exception.

9. No slabs, edgings, or other mill rubbish, sawdust excepted, shall be allowed or put in any river or stream.

10. No salmon shall be taken on the coast, nor in any of the bays, rivers, or harbours, or in any fresh water stream or river, after the thirty first day of August in any year, nor between sunset on any Saturday night and sunrise on the following Monday morning, nor in any place at any time by spearing between the thirty first day of August in any year and the first day of April ensuing, nor shall any person sell or offer for sale, or purchase, between the said last mentioned days, any salmon taken by spearing.

11. Angling for salmon shall be permitted until the fifteenth day of September in each year.

12. Within the Parishes of Grand Manan, West Isles, Campo Bello, Pennfield, and Saint George, in the County of Charlotte, no seine or net shall be set across the mouth of any haven, river, creek, or harbour, nor in such place extending more than one third the distance across the same, or be within forty fathoms of each other, nor shall they be set within twenty fathoms of the shore at low water mark.

13. Every fish weir in the Parishes named in the preceding Section, dry at low water mark, or which in the opinion of the Wardens requires a gate, shall have a gate therein of such width and in such position as they may determine.

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14. The Wardens and Overseers of the fisheries in the Parishes named in Section 12, shall severally seize and remove any net or obstruction whatever set or placed contrary to the provisions of this Chapter, and after five days notice may sell the same, together with any fish found therein, in some public place in the Parish where the seizure is made. After deducting from the proceeds the charges of seizure and sale, the residue shall be applied to the payment of any penalty incurred under this Chapter, and any overplus to the Overseers of the Poor where the offence was committed.

15. No herrings shall be taken between the fifteenth day of July and the fifteenth of October in any year, on the spawning ground at the southern head of Grand Manan, to commence at the eastern part

of Seal Cove, at a place known as Red Point; thence extending westerly along the coast and around the southern head of Bradford's Cove about five miles, and extending one mile from the shore; all nets or engines used for catching herring on the said ground within that period, shall be seized and forfeited; and every person engaged in using the same shall be guilty of a misdemeanour and punished accordingly.

16. Any owner or occupier of any fish weir violating the provisions of Section 13 of this Chapter, shall forfeit five pounds for each day's neglect after due notice.

17. Any person guilty of a breach of the provisions of Section 7 of this Chapter, shall pay a fine for each offence not exceeding five pounds nor less than ten shillings.

18. The penalties in Section 17 when recovered shall be paid to the prosecutor.

19. Any person guilty of a breach of any of the provisions of Section 12, shall for the first offence forfeit five pounds, for the second ten pounds, and for any subsequent offence fifteen pounds; one half shall be paid to the prosecutor, the other to the Overseers of the Poor for the use of the Poor where the offence was committed.

20. Any person guilty of a breach of any of the provisions of Sections 8 and 9, shall for each offence pay a fine not exceeding fifteen pounds nor less than ten shillings.

21. Any person guilty of a breach of any of the provisions of Section 10, shall for each offence forfeit the sum of ten shillings.

22. Áll fines and penalties under this Chapter, not otherwise disposed of, when recovered, shall be paid into the County Treasury, and appropriated one half to the Warden who may have prosecuted for the same, the other half to the use of the said county.

No. 82.-1856, April 14: Statute of Prince Edward Island, 19 Vict., Cap. 14.

An Act to repeal the Act relating to Light and Anchorage Duties, and to make other provisions in lieu thereof.

[Passed April 14, 1856.] Whereas it is deemed expedient to repeal the Act of the fifteenth year of Her present Majesty's reign, intituled "An Act relating to light and anchorage duties," and to make other provisions in lieu

thereof:

I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, that the said hereinbefore recited Act shall be, and the same is hereby repealed.

II. For each and every vessel registered in this Island, which shall hereafter, on its first voyage, sail from any port or place in this Island for any other port, place or country whatsoever, there shall be paid a light duty of six-pence per ton for each and every ton which such vessel shall admeasure, agreeably to its certificate of registry or enrollment, the same to be paid to the Controller of navigation laws at the port or place from which such vessel sails; and such Controller shall deliver to the master a certificate thereof, agreeably

to the form in the Schedule to this Act annexed, marked (A), which shall exempt the said vessel from further payment of light or anchorage duty in the same or any other port in this Island until the first day of January next after such payment, but no longer; and such vessel shall not be cleared at the Custom house without the production of such certificate; but new vessels leaving this island on their first voyage, and intended for sale, shall only be liable to pay twopence per ton duty, unless they again return, when they shall immediately become liable to the full duty as aforesaid.

III. All other vessels coming into any port or place in this Island shall pay, on entry, six-pence per ton as aforesaid to the Controller of navigation laws, who shall grant a certificate thereof, agreeably to the form marked (A) in the schedule to this Act annexed, which shall exempt them from further payment of light or anchorage duty in that or any other port in this Island until the first day of January next after such payment, but no longer; and the Controller of navigation laws shall be paid seven and one-half per centum on all moneys so received by him as aforesaid for light duty.

IV. All vessels anchoring within any harbor or port in this Island, whether for shelter, to take in supplies, or otherwise, without the certificate aforesaid, shall pay six-pence per ton to the harbor master of the port or harbor, who shall grant a certificate thereof agreeably to the said form (A), which shall exempt them from further payment of anchorage or light duty in that or any other port or harbor in this Island until the first day of January next after such payment, but no longer.

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V. The person receiving anchorage duties as aforesaid shall quarterly make a return in writing of the amount received by him to the Controller of navigation laws for the port, harbor or place for which such person shall have been appointed; and shall make and subscribe an affidavit at the foot of each return of the correctness thereof, in the form in the schedule to this Act annexed, marked (B), to be sworn before such Controller of navigation laws, who is hereby required and empowered to administer the oath for that purpose; and all sums of money, so received as aforesaid for anchorage duties, shall, at the time of such return being made, be paid to the Controller of navigation laws for the port, harbour or place as aforesaid, and shall by him be paid, together with all light duties collected under this Act, into the Treasury of this Island, to be applied as directed in and by the Act of the eighth Victoria, chapter three, intituled "An Act to make new provisions for the support of Lighthouses, Buoys and Beacons ;" and such persons shall, for his services, be paid twenty pounds per centum on all moneys so received. and paid over by him to such Controller as aforesaid for anchorage duties. Provided always, that nothing in this Act contained shall entitle or be construed to entitle any Controller of navigation laws to any sum or sums of money as per centage on any moneys received or paid over by or to him for anchorage duties as aforesaid.

VI. If the master of any vessel liable to any duty imposed by this Act shall, on demand, refuse to pay, or shall depart without paying the same, he shall forfeit five pounds in addition to the amount of duties; and the Controller of navigation laws, in the case of light duties, or the harbor master, in the case of anchorage duties, is hereby authorized, in his own name as such officer, to sue for and recover such