704 5. Neither the Receiver General nor any sub-collector or other officer of customs shall admit to entry any ship or vessel subject and liable to the payment of any such rates or duties until the said rates and duties shall be paid to the person authorized to received the same, or grant a clearance to any coasting sealing or fishing vessel, within the description hereinbefore set forth, until the several rates and duties aforesaid shall be paid to the person authorized to receive the same. 6. All moneys which shall be received under this chapter shall be applied to the support of the several lighthouses in this colony. And any surplus light money which may remain after providing for the above purposes, shall be kept separate from the ordinary revenues of the colony. 7. The Governor in Council may appropriate such sum of money as shall remain in the hands of the Receiver General from time to time unexpended out of the light dues received by him, after defraying the cost of maintaining existing lighthouses, towards the erection and maintenance of such lighthouses as may be authorized by the Legislature. 8. The Governor in Council may establish signal guns, bells or gongs in the several lighthouse establishments for the safety of shipping. 9. All tonnage dues upon foreign vessels shall be assimilated to and in conformity with the tonnage dues of British vessels; and such foreign vessels shall be measured according to rules specified in an act of the Imperial Parliament passed in the seventeenth and eighteenth years of the reign of her present Majesty, known as the Merchants' Shipping Act of one thousand eight hundred and fiftyfour. 10. When there is an increase of tonnage dues arising from such measurement, the expense of the measuring surveyor shall be borne by the Government of this Colony, but when otherwise, by the owner or master of such foreign vessel. No. 116.-1872: Extract from Newfoundland Statute: Consolidated Statutes, 1872, Title 27, Cap. 102. Section. OF THE COAST FISHERIES. 1. Herring not to be caught between 20th Oct. and 12th April. Seine, how to be used. 2. Time for use of and size of net. 3. Injuries to nets and seines. 4. Herring not to be hauled for bait between 20th April and 20th October. 5. Spearing or sweeping with nets or 6. Stake, seine or weir unlawful. 9. Salmon bought or sold in close Section. 10. Distance between salmon nets. 13. Weir, &c., erected contrary to law 14. Forfeitures and penalties, how recovered. 15. Appropriation of same. 16. Convictions not to be quashed for want of form. 17. Governor may appoint superintendent of fishery and fishery wardens. 18. Reservation of treaty rights. 1. No person shall haul, catch, or take herrings by or in a seine or other such contrivance on or near any part of the coast of this Colony or of its dependencies, or in any of the bays, harbors or other places therein, at any time between the twentieth day of October and the twelfth day of April in any year, or at any time use a seine or other contrivance for the catching and taking of herrings, except by way of shooting and forthwith hauling the same: Provided that nothing herein contained shall prevent the taking of herrings by nets set in the usual and customary manner, and not used for in-barring or enclosing herrings in a cove, inlet or other place. 2. No person shall, at any time between the twentieth day of December and the first day of April in any year, use any net to haul, catch or take herrings on or near the coasts of this colony or of its dependencies, or in any bays, harbors or other places therein, having the mokes, meshes or scales of such net less than two inches and threeeights of an inch at least, or having any false or double bottom of any description; nor shall any person put any net, though of legal size mesh, upon or behind any other net not of such size mesh, for the purpose of catching or taking such herring or herring fry passing a single net of legal size mesh. 3. No person shall wilfully remove, destroy, or injure any lawful net or seine, the property of another, set or floating on or near the coast of this colony or its dependencies, or any of the bays, harbors or other places therein, or remove, let loose, or take any fish from such seine or net. 4. No person shall, between the twentieth day of April and the twentieth day of October in any year haul, catch or take herrings or other bait for exportation, within one mile measured by the shore or across the water of any settlement situate between Cape Chapeau Rouge and Point Enragee, near Cape Ray; and any person so hauling, catching or taking within the said limits, may be examined on oath by a Justice, Officer of Customs or person commissioned for the purpose as to whether the herrings or other bait are intended for exportation or otherwise, and on refusal to answer or answering untruly, such person shall, on conviction, be subject to the provisions of the twelfth section of this chapter. 5. No person shall, by spearing or sweeping with nets or seines, take, or attempt to take, any salmon, grilse, par or trout in any bay, river, stream, cove or watercourse, above where the tide usually rises and falls, or in any pond or lake. 6. No stake, seine, weir, or other contrivance for taking salmon, except nets set or placed across, shall be set or placed in any river, stream, cove, lake or watercourse. No net shall extend more than one third of the distance in a straight line across, and all nets shall be set only on one side of such river, stream, cove, lake or watercourse. 705 7. No person shall construct any mill-dam, weir, rack, frame, traingate, or other erection or barrier in or across any river, stream, cove, Take or watercourse, so as to obstruct the free passage of salmon grilse, par, trout or other fish resorting thereto, for the purpose of spawning; and all mill-dams or other erections placed on, over or across any water-course, river or stream, resorted to by fish for the purpose of spawning, shall have a waste gate opening, or slope sufficient to constitute a proper and sufficient fish way, which shall be kept in repair by the owner. No person shall permit any sawdust or mill rubbish to be cast into any such river, stream, cove, lake or water course. 8. No person shall use any net for taking salmon, the mokes, meshes or scales of which are less than four inches and a half inch. 9. No person shall buy or sell or have in his possession salmon, knowing the same to have been taken contrary to the provisions of this chapter, and every salmon so taken, bought or sold, shall be declared forfeited to the complainant by any justice. 10. No net shall be moored or set in any harbour, cove, creek or estuary, or on or near any part of the coast of this colony, or its dependencies, for the purpose of taking salmon, nearer to any other net moored or set for a like purpose than one hundred yards for a single net, and three hundred yards for a double net or fleet of nets. 11. No salmon shall be taken before the first day of May or after the tenth day of September in any year: Provided that if the time limited in this section shall be found to operate injuriously in any part of this island the Governor in Council may appoint any other time or times, and such time or times shall be as binding on all persons as if specially mentioned herein. 12. Any person who shall violate any of the provisions of this chapter shall be subject to a penalty not exceeding fifty dollars, and all seines, nets, and other contrivances used contrary to the provisions of this chapter shall be forfeited, and may be seized and detained until the trial of the offender by any Justice, sub-Collector of Customs, Preventive officer, fishery warden, or constable, on view, or by virtue of a warrant issued by such Justice, sub-Collector or Preventive officer, upon complaint made on oath to be administered by either of them, and, upon conviction, the same may be declared forfeited and ordered to be sold at public auction. 13. Any Justice, sub-Collector, Preventive officer, fishery warden, or constable, may, on view, destroy any weir, rack, frame, train-gate or other erection or barrier, used or erected contrary to the provisions of this chapter, or the same may be destroyed by virtue of a warrant issued by any Justice, sub-Collector, or Preventive officer, upon complaint made on oath to be administered by either of them. 14. All forfeitures and penalties imposed by this chapter shall be recovered with costs, in a summary manner before any Justice, for which purpose such Justice may summon or arrest the offender, and compel witnesses, by summons or warrant, to appear before him; and, upon conviction of the offender, such Justice shall cause all seines, nets, and other contrivances illegally used, to be sold by public auction, or where permitted, under the provisions of the preceding sections of this chapter, destroyed; and in default of the payment of any penalty imposed, and costs, such Justice shall issue his warrant and cause such offender to be arrested and imprisoned for any period not exceeding twenty days. 15. All penalties and forfeitures imposed by this chapter, and the proceeds thereof, shall be paid to the party informing against and prosecuting the offender to conviction. 16. No proceeding or conviction by 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. 17. The Governor in Council may appoint the Collector of Revenue for Labrador, or other person, to be superintendent of the fisheries on the coast of this Island and its dependencies, and may also appoint fishery wardens, and prescribe their duties for the purposes of this chapter. The compensation for the services of such officers to be provided by the Legislature. 18. Nothing in this chapter shall affect the rights and privileges granted by treaty to the subjects of any state or power in amity with Her Majesty. No. 117.-1873, May 5: Newfoundland Statute, 36 Vict., Cap. 3. An Act relating to the Treaty of Washington, one thousand eight hundred and seventy-one. Section. 1. Suspension of Acts at variance with Articles. Proviso. 2. Powers given to Governor in Council. Section. [Passed 5th May, 1873.] 3. Act not to come into force until Her Majesty's assent be given, and Proclamation issued. Whereas a Treaty between Her Majesty and the United States of America was signed at Washington on the eighth day of May, One Thousand Eight Hundred and Seventy-one, and was duly ratified on the seventeenth day of June in that year, which, amongst other things, containing the following article: 706 It is further agreed that the provisions and stipulations of Articles eighteen to twenty-five of this Treaty, inclusive, shall extend to the Colony of Newfoundland, so far as they are applicable; but if the Imperial Parliament, the Legislature of Newfoundland, or the Congress of the United States, shall not embrace the Colony of Newfoundland in their laws enacted for carrying the foregoing Articles into effect, then this Article shall be of no effect; but the omission to make provision by law to give it effect, by either of the Legislative Bodies aforesaid, shall not in any way impair any other Articles of this Treaty. And Whereas it is expedient to provide for giving effect, as regards the Island of Newfoundland and its Dependencies, to said Articles, eighteen to twenty-five of said Treaty, inclusive, so far as they are applicable to this Colony. Be it therefore enacted by the Governor, Legislative Council and Assembly, in Legislative Session convened, as follows: I. As soon as the Law required to carry into operation, on the part of the United States of America, the Articles set out in the Schedule to this Act, has been passed by the Congress of the United States, and come into force, all Laws of this Colony which operate to prevent the said Articles from taking full effect, shall, so far as they so operate, be suspended and have no effect during the period mentioned in the Article numbered Thirty-three in the Schedule to this Act: Provided that such Laws, rules and regulations, relating to the time and manner of prosecuting the Fisheries on the Coasts of this Island, shall not be in any way affected by such suspension. II. The Governor in Council, by any order or orders to be made for that purpose, may do anything further, in accordance with the spirit and intention of the Treaty, which shall be found necessary to be done on the part of this Island to give full effect to the Treaty ; and any such order shall have the same effect as if the object thereof were expressly provided for by this Act. III. This Act shall not come in force until Her Majesty's assent shall have been given, and until the issuing of a Proclamation under provisions of Section Two of the Act of the Imperial Parliament, entitled "The Treaty of Washington Act, One Thousand Eight Hundred and Seventy-two," and shall remain in force during the term of years mentioned in Article Thirty-three in the Schedule to this Act. SCHEDULE. Articles of the Treaty of Washington of the Eighth of May, One Thousand Eight Hundred and Seventy-one, which are referred to in the foregoing Act. [Then follow Articles 18 to 25 inclusive and Article 33.] No. 118.-1874, March 28: Newfoundland Statute, 37 Vict., Cap. 2. An Act to carry into effect the Provisions of the Treaty of Washington, as far as they relate to this Colony. Section. 1. Power to Governor to declare Articles of Treaty in force. 2. Governor may make orders, &c. Section. [Passed March 28, 1874.] 3. Suspending Clause, and duration of Act. Whereas a Treaty between Great Britain and the United States of America was signed at Washington on the eighth day of May, one thousand eight hundred and seventy-one, and was duly ratified on the seventeenth day of June in that year, containing the following Articles, viz.: It is further agreed that the provisions and stipulations of Articles eighteen to twenty-five of this Treaty, inclusive, shall extend to the Colony of Newfoundland, so far as they are applicable; but if the Imperial Parliament, the Legislature of Newfoundland, or the Congress of the United States, shall not embrace the Colony of Newfoundland in their laws enacted for carrying the foregoing Articles into effect, then this Article shall be of no effect; but the omission to make provision by law to give it effect by either of the Legislative bodies aforesaid, shall not in any way impair any other Articles of this Treaty. Be it therefore enacted, by the Governor, Legislative Council and Assembly, in Legislative Session convened, as follows: 1st-The Governor may, at any time hereafter, by his Proclamation, to be published in the Royal Gazette of this Colony, declare that after a time to be therein named, the provisions and stipulations of the said Articles eighteen to twenty-five of the said Treaty inclusive, as set forth in the Schedule to the Act, shall extend to this Colony of Newfoundland so far as they are applicable; and after the time so named in such Proclamation, the provisions 707 |