NEWFOUNDLAND. 443 



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

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

 eacli, than L*8 pounds aforesaid. The fines and penalties mentioned in 

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



6. JSTo action shall be brought by any person to recover any penalty 

 provided by this Act after 12 months from the time such penalty shall 

 have been incurred. 



7. ISTo officer of Her Majesty's Customs in this Colony shall clear any 

 steamer for a sealing voyage before the 9th day of March, or any sailing- 

 vessel for a sealing voyage before the last day of February: Provided, 

 That in the event of either of these days tailing on Sunday, such ves- 

 sels may be cleared on the preceding Saturday. 



8. All penalties incurred under the provisions of this Act shall be sued 

 for and recovered in a summary manner before a Stipendiary Magistrate 

 by any person who may sue for the same; one-half of such x)enalty shall 

 go to the party who shall sue for and prosecute the same, and the re- 

 mainder to the Receiver-General for the use of public hospitals. 



9. If any perscm 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 sittingof Her Majesty's Supreme Court at St. 

 John's: Provided, That notice of the same be given to the magistrate 

 Avithiu 24 hours after such judgment shall have 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 such amount as may be 

 awarded, with costs. 



ACT of the Govermiient of Newfouudlaud, to amend an Act passed in the 42ud year 

 of the reign of Her present Majesty, entitled ''An Act respecting the Prosecution 

 of the Seal Fishery."* 



[4G Vict., c. 1. March 3, 1883.] 



Be it enacted hy the Administrator of the Government, Legislative Coun- 

 cil and AssembUj, in Legislative ISession convened, as follows: 



1. The 2nd and 3rd se(;tions of the Act passed in the 42nd year of the 

 Eeign of Her present Majesty, entitled "An Act respecting the Prose- 

 cution of tlie Seal Fishery," are hereby rei)ealed. 



2. J^o steamer shall leave port for the seal fishery before the hour of 

 6 o'clock in the forenoon on the 10th day of March in any year, under 

 the penalty of 2,000 dollars, to be recovered from the owner or other 

 person on whose account such steamer shall have been sent to such 

 fishery: Provided, That in the event of the said 10th day of March fall- 

 ing on Sunday, any steamer may leave i^ort for such fishery at any time 

 after G o'ch>ck in the forenoon of tlie previous day. 



3. ISTo sailing vessel shall leave port for the seal fishery before the 

 hour of 6 o'clock in the forenoon on the 1st day of March in any year, 

 under the penalty of 400 dollars, to be recovered from the owner or other 

 person on whose account such vessel shall have been sent to such fishery : 

 Provided, That in the event of the said 1st day of March falling on Sun- 

 day, any sailing vessel may leave port for such fishery at any time after 

 6 o'clock in the forenoon of the previous day. 



*Vol. Lxx., p. 556. 



