270 REPORT OP BRITISH COMMISSIONERS. 



196 Newfoundland. 



Acts respecting the Prosecution of the Seal Fishery. 



ANNO QUADUAGKSIMO SECUNDO VICTUlU.E REGIN/E. 



Cap. I. — An Act respecting the Prosecution of the Seal Fishery . 



[Passed February 22, 1879.] 

 Section. 



1. 36 Vicb., cap. 9, repealed. 



2. Steamers not to sail befare 10th March ; Penalty. 



3. Sailiiig-vpsseis not to sail belore lat March; Penalty. 



4. Seals not to be killed before 12tli March ; Penalty; Proviso; Notice. 



5. Cats not to be killed ; Penalty; Definition; Proviso. 



6. Limitation. 



7. Times of Clearance ; Proviso; Sundays. 



8. Recovery of Penalties; Appropriation. 



9. Appeal; Proviso; Recognisance. 



Enacting Be it enacted by tlie Governor, Legislative Counbil, and Assembly, 

 •'^■""''^'- in Legislative Session convened, as follows: 



ao Vict., cap. 9, I. The Act passed in the thirty-sixth year of the reign of Her pres- 

 repealed. ent Majesty, entitled "An Act to regulate the Prosecution of the Seal 



Fishery," is hereby repealed. 



steamers not to J J, Nq steamer shall leave port for the seal fishery before the 10th 

 Jhmh'''"'*' *^^y o^ March in any year, under the penalty of 2,000 dollars, to be 



Penalty. recovered from the owner or other person on whose account the steamer 



shall have been sent to the seal fishery. 



Sailing-ves.sel8 m ]v[o sailing-vessel shall leave port for the seal fishery before the 

 I'^t Mareh ''^ 1^* ^^^y ^ March in any year under the penalty of 400 dollars, to be 



Penalty.' recovered from the owner or other jjersou on whose account such ves- 



sel shall have been sent to such fishery. 



•M^'i'? *4''*^?oH^ ^^- ^^ seals shall be killed by the crew of any steamer or sailing- 

 March *^ vessel before the 12th day of March in any year, under a penalty of 4 



Penalty ; dollars ibr every seal so killed, to be recovered from the owner or other 



person as aforesaid, or from the master or crew of the said vessel, or 



Proviso; from the parties receiving the same respectively: Provided, that in 



case of the owner or other person as aforesaid, that such owner or other 



Notice. person received such seals with notice or knowledge that the same 



had been killed before the 12th day of March in any year, 



Cats not to be y_ ^q immature seals, known as cats, shall be killed by the crew 



Penaltv of any steamer or sailing-vessel at any time, under a penalty of 4 dol- 



lars for every such seal so killed, to be recovered from the receiver of 

 such seals, or from the master or crew of any such steamer or vessel. 



Dehnition; ^^^^ j^ j^ hereby declared, a young seal pelt of less weight than 28 lbs. 



Proviso. shall be considered an immature, or cat seal: Provided, that no party 



or parties referred to in this section shall be liable to the penalties or 

 fines herein stated, unless it be proven that over 5 per cent, in number 

 of seals taken on board or landed from such vessel are of less weight, 

 each, than 28 lbs. aforesaid The fines and penalties mentioned in this 

 section to apply to the excess over such 5 per cent. 



Limitation. VI. No action shall be brought by any person to recover any pen- 



alty provided by this Act after twelve months Irom the time such pen- 

 alty shall have been incurred. 



Times of clear- VII. No officer of Her Majesty's Customs in this Colony shall clear 



ance; any steamer for a sealing voyage before the 9th day of March, or any 



sailing-vessel lor a sealing voyage before tbe last day of February: 



Proviso; Provided, that in the event of either of these days falling on Sunday, 



Sundays. such vessel may be cleared on the preceding Saturday. 



Recovery of Vlll. All penalties incurred under the provisions of this Act shall 

 penalties; |,g g,je,| fyp and recovered in a summary manner before a Stipendiary 



Appropriation; Magistrate, by any person who may sue for the same; one-half of sijch 

 penalty shall go to the party who shall sue for and prosecute the 

 same, and the remainder to the Receiver-General for the use of public 

 hospitals. 



Appeal,- IX. If any person shall feel himself aggrieved by any Judgment of 



a Stipendiary Magistrate, under this Act, he shall have liberty to 

 appeal therefrom to the then next sitting of Her Majesty's Supreme 



Proviso; Court at St. John's: Provided, that notice of the same be given to the 



Magistrate within twenty-four hours after such Judgment shall have 



Heoognizance. been delivered, and within five days thereafter recognizances, or other 

 security, with or without sureties, at the option of such Magistrate, 

 shall be entered into to prosecute the same without delay, and pay 

 each amount as may be awarded, with costs. 



