APPENDIX B 107 



41. Where an Order of the Board of Trade under this Effect of 

 part of this Act, without conferring a right of several oyster |ot"er of 

 and mussel fishery, confers a right of regulating an oyster regulating 

 and mussel fishery, and imposes restrictions on or makes ^ ^^' 

 regulations respecting the dredging and fishing for and 

 taking oysters and mussels, or either of them, within the 

 limits of the regulated fishery, or imposes tolls or royalties 

 upon persons dredging, fishing for, and taking oysters and 

 mussels, or either of them, within the limits of such fishery, 

 the persons obtaining the Order, in this Act included in 

 the term the grantees, shall by virtue of the Order and of 

 this part of this Act, but subject to any restrictions and 

 exceptions contained in the Order, have power to do all or 

 any of the following things, namely : — 



(a) To carry into effect and enforce such restrictions 



and regulations : 

 (d) To levy such tolls or royalties : 

 (c) To provide for depositing and propagating oysters 

 and mussels within the limits of the fishery, and 

 for improving and cultivating the fishery. 

 All such restrictions, regulations, tolls, and royalties shall 

 be imposed on and apply to all persons equally, and shall 

 be for the benefit of the fishery only, and the tolls and 

 royalties shall be applied in the improvement and cultiva- 

 tion of the fishery. 



Any person who dredges or fishes for or takes any 

 oysters or mussels in contravention of any such restriction 

 or regulation, or without paying any such toll or royalty, 

 shall be liable on summary conviction to pay a penalty not 

 exceeding twenty pounds, and to forfeit all oysters and 

 mussels so taken, or a sum equal to the value thereof if 

 they have been sold, which forfeiture may be enforced in 

 the same manner as a penalty. 



The Court may direct such forfeiture to be delivered or 

 paid to the grantees, to be applied by them for the improve- 

 ment and cultivation of the fishery. 



42. Whenever it is necessary in any legal proceeding to Proof of 

 prove that, in pursuance of any Act of Parliament or of jj^'jj;'"^ °*" 



