FISH AND FISHERIES. 165 



the 1st January, and the quarterly license from the date of issue. In 

 all cases these licenses are to be in accordance with the Regulations, and 

 they authorize the holder and his servants being the crew of any one 

 " oyster-dredger'^ to work on the appointed places and at the appointed 

 times. 



The penalty for unlawfully dredging for oysters is a sum not exceed- 

 ing £20 and not less than £6, and the forfeiture of all oysters found in 

 the offender's possession. Every dredger is required to produce his 

 license on demand of an inspector or officer of police. 



The Act also contains provisions for the registration of holders of 

 dredging licenses, and for the marking of dredging boats. 



Oyster-dealers' Licenses. 



A license is required to be taken out, at an annual fee of <£5, for every 

 person dealing in or selling oysters, whether wholesale or retail. 



Miscellaneous Provisions concerning Oysters. 



Further provisions are made by the Act, prohibiting the burning of 

 oysters for lime — the dredging for oysters at any time between sunset 

 and sunrise — providing for the carriage of oysters by sea in branded 

 bags, and for their entry in the vessel's manifest — defining the property 

 in oysters according to their position on leased land, private fisheries, or 

 natural beds — and declaring the powers of the Governor in Council to 

 absolutely close any oyster-beds against dredging for a term not exceed- 

 ing three years. 



PRIVATE FISHERIES. 



The private (or several) fisheries authorized to be established by the 

 Act are limited to tidal-water fisheries, and have no applicability to 

 inland waters uninfluenced by the tides, such as fresh-water lakes, and 

 lagoons and rivers beyond the point where the effect of the tide is per- 

 ceptible in affecting either the surface by way of rise and fall or the 

 character of the water itself by imparting saline qualities. The 

 admission of tidal water to private property, through or over Crown 

 Lands {i.e., foreshores) is the characteristic feature of the private fisheries 

 contemplated by the Act ; and this appropriation of what may be con- 

 sidered as one of the Crown's regalia, and the necessary interference with 

 the shore and the jus puhlicimi thereover, were considered as the circum- 

 stances which justified the legislation proposed. 



The private fisheries authorized by the Act are established on appli- 

 cation to the Ministex'* either by the person entitled to an estate of 

 freehold in the land on which the fishing is to be exercised, or by the 

 lessee with the consent in writing of his landlord or reversioner. The 

 particulars required to be stated in the application, and the mode of 

 dealing with it, are described in the 49th and 50th sections of the Act. 

 If the application is granted, a license will be issued to the applicant on 

 the payment by him of the sum of £10. The legal effect of such a 

 license is to vest in the grantee, and all 2:>ersons claiming under him, an 

 exclusive right of stocking the fishery with fish of every description 



* The Colonial Secretary is the Minister charged with the administration of the 

 Fisheries Act. 



