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No. 46.-1786: Extract from Statute of Nova Scotia, 26 Geo. III, Cap. 7.

An Act in addition to, and amendment of, an Act, made in the third year of the reign of His Present Majesty, entitled, an Act to prevent nuisances, by hedges, weirs, and other encumbrances, obstructing the passage of fish in the rivers in this province.

And whereas it is also highly necessary for the preservation of several kinds or species of fish, whose course has been greatly obstructed or diverted of late in divers parts of this Province, by the injudicious placing of seines and nets, in certain havens, creeks and harbours therein, to the manifest injury of individuals, and of the community at large; for remedy whereof:

IX. Be it further enacted, by the authority aforesaid, That it shall and may be lawful for three or more Justices of the several Counties throughout the Province, and they are hereby directed to hold a Special Session in their respective Counties or Districts, as soon as may be, for the purpose of regulating the manner of placing nets and seines in all such havens, rivers, creeks and harbours, therein, as they shall or may judge necessary to prevent the aforesaid evil, and under such forfeitures and penalties, as are expressed in the herein before recited Act, made in the third Year of His Majesty's reign. And all persons violating such orders, rules or regulations, as the said Justices may from time to time make in their respective Counties, touching the premises, shall be subject or liable to the same pains, penalties, forfeitures, as persons are subject or liable to, who violate or disobey the several rules, orders or regulations, that the Justices in their said first General Quarter Sessions, to be holden annually, are empowered to make, by virtue of the said recited Act; and this Act is to continue, and be in force, from the publication thereof, until the end of the year of our Lord one thousand seven hundred and eighty seven.

No. 47.-1787: Statute of Nova Scotia, 28 Geo. III, Cap. 3. An Act for regulating and maintaining a Light-House at the entrance of the Harbour of Shelburne.

Whereas it is necessary for the safety of the navigation of this Province, that there be a Light House erected on the Island, commonly called M'Nutt's Island, at the entrance of the Harbour of Shelburne, for the maintenance whereof:

I. Be it enacted, by the Lieutenant Governor, Council, and Assembly, That from and after the first day of January, which will be in the year of our Lord one thousand seven hundred and eighty eight, there shall be paid by the master of every merchant vessel coming into or going out of the said harbour (other than coasters and fishing vessels belonging to the Province, and such transports or other vessels employed in His Majesty's service, as shall by their charter party be exempted from paying port charges) a duty of four pence per ton currency, for so many tons as shall appear by her register or otherwise. Provided, That all ships or vessels wholly

belonging to any person that is a freeholder and inhabitant in this Province, shall only pay three pence per ton, the said duty to 592 be paid before clearing the said vessel, to such person or persons, as shall hereafter be appointed, by His Excellency the Lieutenant-Governor, for that purpose, who are hereby authorised to demand and receive the same, and upon refusal of payment, to sue for, and recover the said duty, before two of His Majesty's Justices of the Peace, or in case the same shall not exceed forty shillings, before one Justice.

II. And be it further enacted, That no vessel shall be deemed a fishing vessel within the meaning of this Act, excepting such as shall be wholly employed in that business, nor shall any vessel be deemed a coaster excepting such as shall be wholly employed within the Province.

III. And be it further enacted, That every coasting vessel shall pay in lieu of the said duty at the rate of twenty shillings per annum, and one shilling for every ton they may measure above twenty tons, and no more, to be received and recovered in manner as aforesaid.

IV. And be it further enacted, That all monies arising by the aforesaid duty, shall be paid into the treasury of the Province, and be applied towards the support of the said light-house, to be issued for the said purpose, by warrant under the hand and seal of the Lieutenant-Governor, or Commander in Chief for the time being, of the Province, and in case there be more monies than is necessary for the support of the said light-house, the surplus to be applied to the uses of the Government.

No. 48.-1788: Extract from Statute of Lower Canada, 28 Geo. III, Cap. 6.

An Act or Ordinance, For regulating the Fisheries in the River St. Lawrence, in the Bays of Gaspé and Chaleurs, on the Island of Bonaventure, and the opposite shore of Percé,

Whereas the Fisheries have ever been found beneficial to the trade of the mother-country, and as several large vessels have been yearly fitted out and equipped therefrom to carry on the cod-fishery in the Bay of Gaspé, at the island of Bonaventure, at Percé, and in the Bay of Chaleurs in this Province, in order to encourage that valuable branch of trade, it is enacted by His Excellency the Governor and the Legislative Council, that all 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 between Cape Cat on the South-side of the River St. Lawrence, and the first Rapid in the River of Ristigouche, above the Islands that lie higher up than the New Mission in the said River, which empties itself into Chaleurs Bay within this Province, and on the Island of Bonaventure, for the purpose of salting, drying and curing their fish, and they may cut down wood and trees there, for building, making, mending, or repairing stages, flakes, hurdles, huts or cook-rooms, and other things that may be necessary for curing and preparing their fish for exportation, and all other things that may be useful to their

fishing-trade, without any hindrance or interruption, denial or disturbance from any person or persons whatsoever.

II. And be it further enacted by the authority aforesaid, that the commander of every ship, or vessel fitted out from Great-Britain or the dominions thereunto belonging, and entering into any creek or harbour, may reserve to himself so much beach or flakes, or both, as are needful for the number of boats he shall there use, provided they are unoccupied by any other person, or are not in this and the preceding cases private property by grant from his Majesty, or by grant before the year one thousand seven hundred and sixty.

III. And be it further enacted by the authority aforesaid, that no person or persons shall after the publication of this ordinance, rind any trees standing or growing on the said beach reserved for the use of the fishery, nor in the woods adjacent, nor set fire to the woods, or do or cause to be done any damage to the same, for any use whatsoever, except only for necessary fuel, and for building and repairing huts, stages, flakes and other things necessary for carrying on their fishery; and no person or persons whatsoever, shall cast anchor or do any thing to annoy or hinder the hauling of seines in the accustomary baiting places, or in places where salmon are or may be caught, or shoot, his, her or their seine or seines within or upon the seine or seines of any other person whatsoever; and also, that no person or persons shall steal, purloin or take out of the net or nets of any other person, nor steal, purloin or take away any bait out of any fishing-boat, or steal salmon out of any net belonging to any other person, under the penalty of five pounds.

IV. And be it further enacted, that no ballast or any thing else hurtful to any of the harbours in the extend of coast mentioned in this ordinance, shall be thrown out of any vessel or otherwise by any person whatsoever, but that all ballast or other things shall be carried on shore, and laid where they may do no annoyance, under the penalty of five pounds. And no fisherman or other person shall throw any fish-guts, offals or gurry overboard out of any vessel or boat within the distance of two leagues of the shore of Inlands [islands] within this Province, under the penalty of five pounds.

V. And be it further enacted, that in case any difference or controversy shall arise between the masters of fishing ships, shalloops, boats, or other vessels for and con-concerning [Sic.] the right and property of fishing rooms, stages, flakes, or any other conveniency or building, for carrying on their fishery, or for curing their fish between Cape Cat and the Rapids in the River of Ristigouche aforesaid, in the Bay of Chaleurs, at Percé and on the Island of Bonaventure as aforesaid the said differences, disputes and controversies, shall be heard, adjudged and determined by any two of his Majesty's Justices of the Peace in the district, and in case any of the parties shall think himself aggrieved by such determination or judgment, an appeal shall lie before the Lieutenant-governor of the district, or Judge of the Common Pleas for the same, as may be most convenient for the person appealing from the said judgment, who are hereby authorised finally to determine the same; provided the effects, rights or property so decided, does not exceed the value of fifty pounds sterling, in which case, an appeal from the judgment of the said Lieutenant-governor or Judge of Common Pleas may be had to his Majesty's Court of Appeal for the Province.

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92909-S. Doc. 870, 61-3, vol 5- -11

*DORCHESTER.

Enacted and Ordained by the authority aforesaid, and passed in Council under the Great Seal of the Province, at the council chamber in the castle of Saint Lewis, in the city of Quebec, the thirtieth day of April, in the twenty-eighth year of the reign of our Sovereign Lord GEORGE the Third, by the grace of GoD of Great-Britain, France and Ireland King, defender of the faith, and so forth; and in the year of our LORD one thousand seven hundred and eighty-eight. By His Excellency's Command,

J. WILLIAMS, C.L.C.

No. 49.-1788: Statute of New Brunswick, 28 Geo. III, Cap. 4.

An Act to provide for the support of a Light-House, to be built upon PartridgeIsland.

Whereas it is necessary and expedient, that provision should be made for the support of a Light-House to be erected upon PartridgeIsland, lying at the entrance of the harbour of the City of Saint John, for the safety of vessels coming into and going out of the said harbour.

I. Be it enacted by the Lieutenant-Governor, Council and Assembly, That from and after the time it shall be certified under the seal of the corporation of the said city, to the treasurer of the province, that a Light-House is erected and used as such upon the said Island, there be and hereby is granted unto His Majesty, his heirs and successors, for the support of such Light-House, a duty of two pence upon every ton each vessel belonging to the port of Saint John, of the burthen of fifteen tons and upwards, other than coasters or fishing vessels, shall measure agreeable to her register, that may arrive in the said harbour; and upon all vessels not belonging to the said port, which shall so arrive, a duty of four pence upon each and every ton agreeable to the aforesaid measurement, which duties shall be paid at the time of the arrival of such vessels in the said harbour unto the treasurer of the province, or his deputy, who are hereby authorized to demand and receive the same, and upon refusal of payment to be proved upon oath before any one of his majesty's justices of the peace in the said city and county, to be levied by warrant of distress and sale of the guns, boats, tackle and apparel and furniture of such vessels, under the hand and seal of such justice, directed to any sheriff or constable, or marshal of the said city, rendering the overplus, if any, after deducting the costs and charges of distress and sale to the master or person having the command of such vessel.

II. And be it further enacted, That no vessel shall be deemed a fishing vessel within the meaning of this Act, excepting such as shall be wholly employed in that business, nor shall any vessel be deemed a coaster, excepting such as shall be wholly employed within the Bay of Fundy.

III. And be it further enacted, That every coasting vessel shall pay in lieu of the said duty at the rate of ten shillings per annum, and no more, to be received and recovered in manner aforesaid.

IV. And be it further enacted, That all monies arising by the aforesaid duties, shall be applied towards the support of the said Light

House, to be issued for that purpose, by warrant under the hand and seal of the Lieutenant-Governor or Commander in Chief of the province for the time being; and in case there be more monies raised than is necessary for the support of the said Light-House, the surplusage to be disposed of by an Act or Acts of the Lieutenant-Governor, Council and Assembly, to be passed for that purpose.

No. 50.-1793: Statute of New Brunswick 33 Geo. III, Cap. 4.

An Act to explain and amend an Act, intituled, "An Act to provide for the support of a Light-House to be built upon Partridge Island."

Whereas in and by an Act made and passed in the twenty-eighth year of His Majesty's reign, intituled "An Act to provide for the support of a light-house to be built upon Partridge-" Island," it is among other things enacted that no vessel shall be deemed a coaster within the meaning of that Act, excepting such as shall be wholly employed within the Bay of Fundy. And whereas doubts have arisen, whether vessels that are employed during the whole of the summer season within the Bay of Fundy, but which during the winter season, when there is no employment for them in the Bay of Fundy, occasionally make a voyage to any port without the said Bay, are to be considered and deemed as coasters within the meaning of the said Act, and also whether vessels wholly employed within the said Bay and in passing and re-passing between the ports and places belonging to this province within the said bay, and the ports and places belonging to the province of Nova-Scotia within the said bay, are to be considered and deemed as coasters within the meaning of the said Act: And also, whether vessels generally employed in fishing, but occasionally for other purposes, are to be considered and deemed as fishing vessels within the meaning of the said Act, for preventing and removing all such doubts in future

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Be it enacted by the Lieutenant-Governor, Council and Assembly, That from and after the passing of this Act, all vessels of the several and respective descriptions herein before recited and contained, shall be deemed as coasters or fishermen respectively within the meaning of the said herein before recited Act, and shall be liable to the payment only of the duty required to be paid by coasting and fishing vessels respectively in and by the said Act, any thing in the said herein before recited Act to the contrary notwithstanding. Provided always, That all such vessels, when they make any voyage to any port or place without the said bay, shall upon their arrival from such voyage within the harbour of Saint John, be liable to the same duties as if they were not deemed to be coasters or fishing vessels within the meaning of the said Act, any thing herein before contained to the contrary notwithstanding.

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