victed party, on the first day of such next sitting of the Supreme Court, to the Sheriff of the District in which such appeal may be heard. XX. No proceeding or conviction by, or order of any Justice or other officer under this Act, shall be quashed or set aside for any informality, provided the same shall be substantially in accordance with the intent and meaning of this Act. XXI. In this Act the word "vessel" shall include any boat or ship registered or not registered, jack, skiff, punt, or launch, whether propelled by sails, oars, or steam. XXII.-Nothing in this Act shall affect the rights and privileges granted by Treaty to the subjects of any State in amity with Her Majesty. XXIII. For the purposes of this Act, all stipendiary Magistrates shall be deemed to be stipendiary Magistrates for the Colony, and may exercise the jurisdiction given by this Act in any part of the Colony. All officers engaged in carrying out this Act, and the masters and crews of all vessels engaged in the said Service, may severally be sworn as Special Constables, and shall, while engaged in carrying out this Act, have all the powers, authority and protection of Police Constables. XXIV. The Act passed in the Fiftieth year of the Reign of Her present Majesty, Chapter One, entitled "An Act to regulate the Exportation and Sale of Herring. Caplin, Squid, and other Bait Fishes," and the Act passed in the Fifty-first year of the said Reign, Chapter Nine, entitled "An Act to amend an Act passed in the Fiftieth year of the Reign of Her present Majesty, entitled 'An Act to regulate the exportation and Sale of Herring, Capelin, Squid, and other Bait Fishes," are hereby repealed: Provided that this repeal shall not be held to effect any penalty, forfeiture or liability incurred under the said Act, or any proceedings for enforcing the same, had, done, completed or pending at the time of this appeal, or any office, appointment or authority or duty created, conferred or imposed, or any right or privilege acquired or existing, or any licence granted under the authority of the said Acts; and provided further, that every person holding a license under either of said Acts shall, as soon as practicable after the passing of this Act, surrender the same to the nearest Magistrate or Customs' Officer authorized to issue licences under this Act, who shall thereupon grant in lieu thereof a licence under the provisions of this Act for such purpose as the same shall be required; and any licence issued under the authority of said Acts, not so surrendered as soon as practicable, or within a reasonable period, shall be held to have been terminated and to be of no further effect. XXV. This act shall come into force at such date as shall be appointed by the Governor by his Proclamation. 717 No. 129.-1889, June 1: Newfoundland Statute, 52 Vict., An Act to provide for the Formation of a Fisheries' Commission and for other Be it enacted by the Governor, the Legislative Council and the House of Assembly, in Legislative Session convened, as follows:I. The Governor in Council may appoint a Board consisting of not less than twenty Commissioners, which Board shall be called a Fisheries Commission, hereafter called the Commission. The powers, duties, and functions of the said Commission shall be To make enquiries and researches upon and in relation to all matters pertaining to the preservation, maintenance, improvement and development of the fisheries, and the trade, commerce, and interests of the Colony, so far as the same are connected with or relate to the fisheries and fishery questions. To devise, organise, and maintain such methods of collecting, preserving, and diffusing such knowledge and information as they may consider best adapted to the attainment of such objects. II. One of the members of the Commission shall be appointed by the Governor in Council as Chairman of the Commission. III.-The Commission shall have power to make rules and byelaws relating to the meetings and business of the Commission, subject to the approval of the Governor in Council. IV. There shall be an Executive Committee of the Board consisting of seven members, of whom the Chairman shall be, ex officio, one, and the remaining six shall be elected by the members of the Commission at each annual meeting. V. The Executive Committee shall, subject to the direction signified by the resolutions at general meetings, have the management of the business and affairs of the Commission, except as hereinafter provided. VI. Any four members of the Executive Committee shall be a quorum for the transaction of business. VII.-There shall be four quarterly meetings of the members of the Commission every year upon such days in the months of January, April, July and October, as may be appointed by the Executive Committee. The general meeting in January shall be the annual meeting. VIII. Special general meetings of the Committee may be held at any time by order of the Executive Committee. IX.-At any general meeting of the Commission eleven members present shall form a quorum. X. Upon the recommendation of the Commission, the Governor in Council shall have power to employ and appoint such officers as may be necessary for carrying out the work of the said Commission, and upon the recommendation of the Commission the Governor in Council shall, for cause, dismiss any of such officers. XI.-The Commission and Executive Committee respectively, shall keep a full and true record of all their proceedings, which shall be subject to confirmation by the Governor in Council. XII.-At all meetings of the Commission and Executive Committee a majority of members shall decide. The Chairman shall have a vote upon all questions, and in case of a tie shall also have a casting vote. XIII. The Governor in Council shall have power to appoint an Inspector or Superintendent of Fisheries and of Fish Hatcheries. XIV. The said Inspector or Superintendent shall, subject to the direction of the Commission, have the superintendence and management of the erection and maintenance of one or more Hatcheries for the propagation of Cod or other fishes. XV. The said Inspector or Superintendent shall perform all such other duties and services as may from time to time be directed by the said Commission in the exercise of their functions. XVI. The Commission shall have power to make and prescribe rules and regulations in relation to the prosecution of the several fisheries of the Colony; to the fixing of close season; to the methods, appliances and contrivances to be used and adopted in and for the taking of fish, and the times, seasons, and manner for and in which the same or any of them may be used or adopted, which rules or regulations may apply to such districts or places and for such periods and under such limitations as may therein be stated or defined, and to fix and impose penalties for the violation or nonperformance of such rules and regulations and the mode of prosecution therefor, and from time to time to alter and repeal 718 the same. XVII. The rules and regulations provided for by the preceding Sections, and any alterations, amendments, or repeal thereof, shall not be passed or adopted except by a vote of at least eleven members. XVIII. The said rules and regulations, and all alterations and amendments thereof, shall be laid upon the Table of both branches of the Legislature within ten days after the opening of each Session thereof. By resolution of both branches of the Legislature, the said rules, regulations or amendments may be confirmed in whole or in part, and when so confirmed shall, at the close of the Session and upon publication in the Royal Gazette, certified by the Colonial Secretary, become law; but any amendments may be adopted by resolution of both branches of the Legislature, and come into force in the same manner as above provided. XIX.-An annual report of the Commission shall be laid on the Tables of both branches of the Legislature within ten days after the opening of each Session. No. 130.-1890, June 16: Rules and Regulations under Newfoundland Statute, 52 Vict., cap. 7, sec. 16. Rules and Regulations respecting the lobster industry and cod-fishery, made under and by virtue of Section XVI of an Act passed in the fifty-second year of the Reign of Her present Majesty, entitled "An Act to provide for the formation of a Fisheries' Commission, and for other purposes.' [Passed House of Assembly, 6th June, 1890.] These Rules and Regulations became law by publication in the "Royal Gazette" of June 16th, 1890. II. COD FISHERY. 17. The use of Cod-traps shall be allowed in the fisheries of Newfoundland and its dependencies, subject to the limitations hereinafter contained. 18. No person shall, upon the coast of Newfoundland or its dependencies, use, for the purposes of taking codfish, any cod-trap, the walls or sides of which consist of meshes of less than four inches; nor shall any person use for the said purposes, in connection with the walls or sides of any cod-trap, any netting which consists of meshes of less than four inches, except for the purpose of removing fish from the trap. 19.-No person shall place in the waters along the coast of Newfoundland, any cod-trap or cod-trap mooring, before the fifteenth day of June in any year. 20.-No person shall place in the waters of that portion of Labrador coast which is under the control of the Government of Newfoundland, any cod-trap or cod-trap mooring before the twenty-fifth day of June in any year. 21. Any cod-trap contrivance used in connection therewith, or cod-trap mooring used or placed in contravention of Rules and Regulations numbered 18, 19 and 20, may be seized by any Justice, SubCollector of Customs, Preventive Officer, Fishery Warden or Constable, on view, or by warrant issued by any Justice upon complaint made upon oath before him, and detained until the trial of the offender; and upon conviction the same may be declared forfeited, and ordered to be sold at public auction. 22.-Any person violating Rules and Regulations numbered 18, 19 and 20, shall be subject to a penalty not exceeding one hundred dollars: If such person be the owner of the trap, contrivance used in connection therewith, or mooring, the above penalty of one hundred dollars shall be in addition to the forfeiture provided for under Rule and Regulation number 21. 23. Any person using a herring seine or capelin seine to take or haul codfish, shall, on conviction, forfeit the same, and be subject to a penalty not exceeding one hundred dollars. 24.-No person shall, in the following Harbors in Placentia Bay, namely: Paradise Sound, Boat Harbor, and Roger's Harbor, use any bultow, cod-trap, cod seine, or any other contrivance, except hookand-line, for catching codfish under a penalty of one hundred dollars and confiscation of such contrivance hereby prohibited. 25.-Fish required for scientific or procreative purposes, or for immediate use, may be taken at any time by any method. 26. All penalties and the proceeds of all sales of forfeited fishing gear, imposed and collected under the foregoing Rules and Regulations shall be distributed as follows, viz: One half to the person prosecuting the offender to conviction and the residue to the Receiver General for the use of the Colony. 719 27. All forfeitures and penalties for a breach of these Rules and Regulations shall be recovered in a summary manner before a Stipendiary Magistrate. 28. Whenever the penalty imposed shall exceed one hundred dollars, or the penalty and the value of the forfeited fishing gear together amount to more than one hundred dollars, then any person feeling himself aggrieved by any judgment of such Magistrate shall have liberty to appeal to the Supreme Court in St. John's, or on Circuit, upon giving sufficient security for the due performance of such judgment if confirmed, and for the payment of all costs, and to prosecute the said appeal. 29. The security provided under Rule and Regulation number 28 shall, in no case, exceed the sum of one thousand dollars. 30.-Pending the hearing and adjudication of such appeal, the owner or master of the codtrap, herring seine or caplin seine shall be permitted to fish with the same. 31.-These Rules shall continue in force for one year from the 15th day of May, 1890, and until next session of the Legislature; and provided further that these Rules shall not be construed as affecting the fisheries on that part of the coast where the French have Treaty rights, until the approval of Her Majesty has been obtained. No. 131.-1891, June 16: Rules and Regulations under Newfoundland Statute, 52 Vict., Cap. 7, sec. 16. Rules and Regulations respecting the Lobster Industry and the Cod and Herring Fisheries, made under and by virtue of Section 16, of an Act passed in the fifty-second year of the reign of Her present Majesty, entitled "An Act to provide for the formation of a Fisheries' Commission, and for other purposes." [Passed House of Assembly 16th April, 1891.] [Passed Legislative Council 27th April, 1891.] These Rules and Regulations became law by publication in the "Royal Gazette " of June 16th, 1891: * III.-HERRING FISHERY. 29. No herring shall be hauled and barred in seines, except under the conditions and in the manner prescribed by these rules. 30. No herring shall be barred in a seine of less than seventy fathoms in a dry condition, or in water of less depth than three fathoms, or for a longer period than forty-eight hours, or so tightly that there is danger of the herring perishing while so barred. 31.-In case there is no prospect of using or disposing of barred herring in a condition fit for human food or bait purposes, such herring shall be liberated forthwith, and any person so inbarring herring that they perish from being inbarred shall be guilty of an |