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mit such offender to the common gaol of the county wherein, or next adjacent to which, such offence shall be committed, there to remain for a term not less than three days, nor exceeding twenty days.
II. And be it further enacted, That this Act shall continue and be in force for four years, and thence to the end of the next session of the General Assembly.
No. 63.--1819: Statute of Nova Scotia, 59 Geo. III, Cap. 26.
An Act to revive, continue and amend, an Act to provide for the support of a
Light-House at the South End of Coffin's Island, on the Eastern Side of the entrance of Liverpool Harbour.
Whereas, the said Act hath expired, and it is expedient to revive the same:
I. Be it therefore enacted, by the Lieutenant-Governor, Council and Assembly, That an Act, passed in the fifty-second year of His Majesty's Reign, entitled, An Act to provide for the support of a Light-House on the South end of Coffin's Island on the Eastern Side of the entrance of Liverpool Harbour, and every matter, clause and thing, therein mentioned, be revived, and the same is hereby revived.
II. And be it further enacted, That no Ship or Vessel coming from a Foreign Port, or engaged on a coasting voyage, shall be liable to pay Light-Duty more than once upon any such voyage; but if the said Duty shall be demanded the second time, the Master of the said Vessel shall produce to the person demanding the same, the certificate of his having previously paid the Light-Duty upon the same voyage.
And Whereas, a Light-House has been recently erected on Cranberry Island, near Canso Harbour, which will be highly beneficial to Vessels sailing to and from the Eastern Parts of the Province:
III. Be it therefore enacted, That all Vessels entering into any port or ports to the Eastward, where His Excellency the LieutenantGovernor may think proper to appoint Collectors of Light-Money, shall be subject and liable to the same rates and duties as are paid by vessels entering into the Harbour of Halifax.
IV. And be it further enacted, That the said Act hereby revived, together with this Act, shall be, and the same is hereby, continued in force for one year from the publication hereof, and from thence to the end of the next Session of the General Assembly.
No. 64.—1822: Statute of Nova Scotia, 3 Geo. IV, Cap. 25.
An Act to provide for the support of a Light-House erected on Cranberry Island,
near the entrance of the Gut of Canso.
Whereas, a Light-House has been erected at a great expense, on Cranberry Island, at the entrance of the Gut of Canso, which has been found highly useful to all vessels, passing in or out of the said Gut of Canso, or navigating to or from the Harbours contiguous to the entrance into the said Gut, and it has become necessary to provide funds to support and maintain the said Building, and the Light kept therein:
a Made perpetual by 3 Geo. 4, c. 2. Continued by 7 Geo. IV, Cap. 29.
I. Be it enacted, by the Lieutenant-Governor, Council and Assembly, That it shall and may be lawful, for the Governor, LieutenantGovernor, or Commander in Chief, for the time being, to appoint and establish so many fit and proper persons as may hereafter be thought necessary, at any or all of the Harbours, Creeks and Places, within the Gulf of St. Lawrence, in the said Gut of Canso, in the Island of Cape-Breton, and in the Harbours, Creeks, and Rivers, contiguous to the entrance of the said Gut, with full powers to collect, and receive, the Duties by this Act imposed for the support of the said LightHouse.
II. And be it further enacted, That the same Light-Duties which are now paid by vessels entering the Harbour of Halifax, shall here. after be paid by all Ships and Vessels, of every Country, kind and descriptions, which shall enter, and come to anchor, in any Port or place, on the Gulf of Saint Lawrence, in this Province; in the Gut of Canso; Saint Andrew's Passage; the Harbour of Little Canso; Saint Peters, in the island of Cape-Breton; Arichat, or any of the Harbours of the Island of Madame: Provided always, That no LightDuty for the said Light-House shall be required or paid by any Ship or Vessel entering into any of the said Harbours or Places, and anchoring therein as aforesaid, which shall have paid any LightDuty upon the said voyage for any other Light-House within the Province.
III. And be it further enacted, That all the Provisions, Clauses and Regulations, mentioned and contained in an Act, passed in the thirty-third year of the Reign of His late Majesty King George the Second, entitled, An Act for regulating and maintaining a LightHouse on Sambro Island; in an Act, passed in the thirty-third year of the same King's reign, entitled, An Act in addition to, and amendment of, the first before-recited Act, for regulating and maintaining a Light-House on Sambro Island; in an Act, passed in the fifty-fifth year of the reign of His late Majesty King George the Third, in addition to, and amendment of, the said first recited Act; in an Act, passed in the fifty-sixth year of the same King's Reign, entitled, An Act to authorize the appointing of Commissioners for Light-Houses; and also in an Act, passed in the fifty-ninth year of the same King's reign, entitled, An Act to revive, continue and amend, an Act to provide for the support of a Light-House at the South End of Coffin's Island, at the Eastern side of the entrance of Liverpool Harbour: and all and every other clause or provision, which regulates the LightHouses of the Province, and provides for collecting the Light-duties, and compelling the payment thereof; and regulating the expenditure of the monies so collected, the powers of the Collectors, and the allowance for collecting, and all other matters and things relative thereto, are hereby extended to the said Light-House at Cranberry Island, and are, and shall be made, applicable to enforce and compel the payment of the Duties hereby imposed for the support of the said Light-House on Cranberry Island.
IV. And be it further enacted, That it shall and may be lawful for any of the said collectors, appointed by virtue of this Act, to call to their aid, in the execution thereof, all Magistrates, Constables, and Peace Officers, and all others His Majesty's Subjects, who are hereby bound, when so required, to afford the said collector or collectors every help and assistance in their power, to compel the payment of the Duty imposed by this Act, unless the Master or Person having charge of such vessel, shall produce a Light-Bill and Receipt, or Discharge, for such Duty, from some one of the Collectors appointed to receive the same; which Light-Bills the Commissioners shall provide in proper form, and supply the said Collectors with the same; and in case the Master, Owner or Person, having charge of any such vessel, shall refuse to pay such Duty, it shall be lawful for any of the said Collectors to seize the same, and to proceed as is directed in and by the said before-recited Acts, to levy the said Duties, together with the Penalties and Forfeitures in and by the said Acts directed and imposed.
V. And be it further enacted, That all the rules and regulations, which are, by the before recited Acts, made applicable to Coasting and Fishing Vessels, shall be applied to the Coasting and Fishing vessels which are solely and wholly owned by any person or persons residing on the shores, and carrying on business within the limits and precincts herein before appointed for the said Light-House; and if any question shall arise respecting the Ownership of any Ship or Vessel, or whether the same be liable to the Coasting Regulations, or to the Duties to be paid by resident or nonresident Owners, the same shall be determined by the Certificate of Registry, and other Customhouse Papers.
VI. And be it further enacted, That all vessels that are owned by the Inhabitants of the Province, and are employed in the Fisheries during the season for Fishing, shall be deemed Fishing Vessels, within the true intent and meaning of the aforesaid Acts, and be entitled to an exemption from the payment of Light-Duties, save the twenty shillings a year, notwithstanding such Vessels may be, at other seasons, employed on Coasting voyages.
VII. And be it further enacted, That if any Collector or other person shall be sued for any thing done by him under this Act, it shall be lawful for him to plead the general issue, and give this
Act and the special matter in evidence. 607 VIII. And be it enacted, That this Act shall be, and con
tinue, in force for one year, and from thence to the end of the next Session of the General Assembly."
No. 65.—1823, March 27: Statute of New Brunswick, 4 Geo. IV,
An Act in further amendment of the Laws for regulating the Fisheries in the
County of Northumberland.
[Passed the 27th of March, 1823.] Whereas the Provisions and Penalties in An Act made and 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," have been found ineffectual
Continued by 6 Geo. IV, Cap. 26, with amendments, and both Acts continued by 7 Geo. IV. Cap. 27.
I. Be it therefore enacted by the Lieutenant-Governor, Council. and Assembly, that the Second Section of the said Act, be, and the same is hereby repealed.
II. And be it further enacted, That if any person or persons from and after the passing of this Act, shall erect or set up any Hedge, Wear, Fish Garth, or other incumbrance, or place any Seine or Seines, Net or Nets, in the River or Bay of Miramichi, or its Branches, except as is provided for in the said Act, and also in the Act made and passed in the fifty-sixth Year of the Reign of His late Majesty King George the Third, intituled “An Act in amendment of an Act intituled An Act for regulating Fisheries in the County of Northumberland,” such person or persons so offending, shall forfeit and pay for each and every offence, the sum of Ten Pounds, upon conviction thereof upon the Oath of one or more credible Witness or Witnesses, before any Two of His Majesty's Justices of the Peace for the said County, and levied by warrant of distress and sale of the offender's Goods and Chattels, rendering the overplus, if any, after deducting the Costs and Charges, to such offender; and for want of sufficient goods and chattels whereon to levy the said fine, such offender or offenders shall be imprisoned. without Bail or mainprize for a term not less than Ten days, and not exceeding twenty days; one half of which Penalties shall, on conviction, to [sic] be paid to the informer, and the other half to the Overseers of the Poor of the Town or Parish where such offence shall be committed, to be applied to the use of the Poor of such Town or Parish.
III. And be it further enacted, That the said herein-before recited Acts, excepting wherein the same are hereby altered and amended, together with this Act, shall continue and be in force Five Years, and thence to the end of the next Session of the General Assembly.
No. 66.-1824, March 9: Extract from Statute of Lower Canada, 4
Geo. IV, cap. 1.
An Act for the better Regulation of the Fisheries in the Inferior District of
Gaspé, and in the Counties of Cornwallis and Northumberland.
[9th March, 1824.] Whereas the fisheries, in the inferior district of Gaspé, and in the counties of Cornwallis and Northumberland, are of great importance to the trade of this province: 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"; and it is hereby enacted, by the authority of the same, 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 inferior district of Gaspé, and in the county of Cornwallis, and in such part of the county of Northumberland as lies to the eastward of Cape Tourmente, 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 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 in virtue of any title
derived under any act of the Legislature of this province. 608 II. And be it further enacted by the authority aforesaid,
that the master or commander of any vessel fitted out from the United Kingdom of Great-Britain and Ireland, or the dominions thereunto belonging, as well as all other subjects of His Majesty, may take possession of so much of the unoccupied beach, within the aforesaid inferior district of Gaspé, and in the county of Cornwallis, and in such parts of the county of Northumberland as lies to the eastward of Cape Tourmente, as may be necessary for curing his fish, and preparing it for exportation; and to retain and enjoy the same, so long as he shall not leave it unoccupied for the space of twelve calendar months; in which case it shall be lawful for any other person or persons to take possession thereof, in part or the whole, for the same purposes, and on the same condition. Provided that such beach be not private property, by grant from His Majesty, or other title proceeding therefrom, or by grant prior to the year one thousand seven hundred and sixty, or held under and by virtue of any location certificate or title derived therefrom, or in virtue of any title derived under any Act of the legislature of this province. Provided also, that such new occupier shall, when thereunto required by the preceding possessor or his lawful attorney, the demand being made within one year after possession taken, pay him, à dire d'experts, for such parts of the flakes and stages as such new occupier shall have taken possession of. And provided further, that the said preceding possessor, not having been paid as aforesaid, may remove any building, or other improvement, erected or made by him on the unoccupied beach as aforesaid, so that such removal be not made during and before the close of the fishing season, in which the new occupier shall have taken possession.
III. And be it further enacted by the authority aforesaid, that no ballast, or any thing else injurious or hurtful to any of the rivers, harbours or roads within the said district of Gaspé, or in the said county of Cornwallis, or in such part of the county of Northumberland as lies to the eastward of Cape Tourmente, shall be thrown out of any vessel, or discharged into any stream, basin or road in the said inferior district, or counties aforesaid, but that the same shall be carried on shore, and deposited where no public or private injury may be sustained thereby. Nor shall any person or persons throw