170 American Fisheries Society 



officers, invested with magistrate's powers for the purposes 

 of the fishery act; (2) Federal fishery licenses and leases; 

 (3) close seasons for salmon, whitefish, lake trout, and other 

 important species; (4) provisions for requiring fish-passes, 

 and clear passage for any fish named in the act; (5) prohi- 

 bition of the capture of the young of any fish named in the 

 act; (6) free passage of fish on Sundays, and prohibition of 

 Sunday fishing; (7) prohibition of pollutions in waters fre- 

 quented by fish; (8) provision of fish-sanctuaries or fish- 

 reserves; (9) oyster and shellfish fisheries embraced in the 

 act; and (10) Orders in Council amending the act to have the 

 same force as the act itself. 



There were some anomalies, such as the provisions which 

 repealed ten existing provincial acts, viz., 29 Victoria cap. 

 11 (1866), which amended chap. 62 (1859) of Upper and 

 Lower Canada acts; 23 Victoria, cap. 52 (1860), and 26 Vic- 

 toria, cap. 6 (1863) ; and Victoria 30 cap. 14 (1867), of the 

 Province of New Brunswick acts, while other provincial acts 

 were to continue in force, viz., 16 Victoria cap. 69 (1853) 

 New Brunswick, and chapters 94 and 95 of the Nova Scotia 

 acts, 28 Vict. cap. 35 (1865), 29 Vict. cap. 35, and cap. 36 

 (1866), and it was also provided that commissioners or 

 overseers of river fisheries in Nova Scotia, under chapter 103 

 of the provincial statutes, should continue to exercise author- 

 ity. One curious clause in the first federal fishery act is rather 

 a conundrum, viz., sub-sec. 3 of Sec. 14 which forbids any 

 one between June 1 and September 30 making a fire in or 

 near any forest or bush, or on any uncultivated land, on the 

 north shore of the St. Lawrence or Gulf from the Saguenay 

 River to Red Island, within the said gulf, whereby the fire 

 spreads to a distance of one arpent. The fine should not 

 exceed $50, and included the responsibility for all damages 

 occasioned by such fire, but licensees or proprietors might 

 burn or cut wood, if not doing any injury to their neighbors. 

 Such a forestry enactment seems out of place in a fishery act. 

 But if incongruous clauses and superfluous and cumbersome 

 sections appear, there are also notable omissions. 



