216 



in case of 

 deficiency 

 of 



by 



reason 

 error. 



Penalty in 

 case of 

 trespass. 



forfeit all rights thereunder, and the same may be thereupon 

 annulled by the Commissioner of Crown Lands, and may be 

 again put up to sale, but notwithstanding the annulling of 

 the lease, the lessee shall be liable at the suit of Hsr Majesty 

 for the annual rental and the expenses incurred by the lease 

 being again put up to sale. 48 V. c. 9, s. G. 



leases ^^'^ °^ 7. No lessee or licensee shall have the right to sublet, trans- 



fer or assign any right, interest or privilege granted or conferred 

 upon him under the provisions of this Act, without first re- 

 ceiving the written consent of the Commissioner, or some other 

 person authorized to that effect. 48 V. c. 9, s. 7. 



^ntltted to ^* ■'■^ i^ consequence of any incorrectness of survey or other 



compensation error or cause whatsoever, a fishery lease is found to comprise 

 lands included in a fishery lease of a prior date, the fishery 

 lease last granted shall be void in so far as it interferes with 

 the one previously issued, and the holder or proprietor of the 

 lease so rendered void shall have no claim for indemnity or 

 compensation by reason of such avoidance. 48 V. c. 9, s. 8. 



9. If any person shall enter upon or pass over the land 

 described in a fishery lease without permission of the lessee or 

 his representative, he shall, on conviction thereof incur and 

 pay a fine of not less than $1 nor more than $10, with 

 costs of prosecution, for each offence, and in default of imme- 

 diate payment of such fine and costs shall be imprisoned in 

 the common gaol of the county, within which the offence was 

 committed, for a period not exceeding one month ; provided, 

 however, that this section shall not apply to any person entering 

 upon or passing over the lands in discharge of any duty 

 imposed by law, nor, when the lands are included in a timber 

 license, to the holder thereof, who shall at all times have the 

 right to cut and take away all trees, timber and lumber within 

 the limits of his license ; nor to prevent the owners or occupiers 

 of lands bordering on any waters to a general right of passage 

 to and from such waters ; nor the public user of any waters, 

 or the banks thereof, either for the conveyance of lumber of • 

 any kind, or for the free navigation thereof by vessels, boats, 

 or other craft ; nor to any user under license by the Crown of 

 any such lands or waters for any purpose or occupation not 

 inconsistent with the provisions of this Act. 48 V. c. 9, s. 10. 



10. — (1) Every fishery lease shall be deemed and taken to have 

 been made and granted subject to a right of passage to and 

 from any waters in favour of the occupants, if any, under title 

 from the Crown, of the lands immediately in rear of those 

 included in the fishery lease. 



(2) In the discharge of his duties every fishery overseer, and 

 every person by him accompanied or authorized to such effect, 

 may enter upon and pass through or over private property 

 without being liable for trespass. 48 V. c. 9, s. 11. 



Proviso. 



Rights of 

 passage. 



