34 THE REPORT ON [ No. 27 I 



_ I 



on the whole considered by the representatives of the two Governments that the preroga-l 

 tives of the respective Governments had been so clearly defined by their Lordships that' 

 there need be no serious apprehension of any conflict of authority in the exercise of their 

 several functions ; and it is believed that there is such a unity of opinion on the part of 

 both Governments as to the desirability of protecting and fostering the Fisheries, that 

 no friction will arise to prevent the accomplishment of that great object, but that every 

 facility will be afforded by the officers of each Government to the other to enable this 

 very desirable result to be attained. 



In 1897 the Legislature of the Province passed an Act respecting Fisheries, to be 

 brought into force on such day as the Lieutenant- Governor- in-Council by a proclamation 

 might appoint. The Act had, however, > been framed in accordance with the decision of 

 the Supreme Oourt, and before the appeal to the Privy Council had been disposed of, 

 and it was therefore deemed necessary that some amendments should be made before the 

 Act could be put into operation. An early session was conveied for the purpose, among 

 others of passing the needed legislation to bring the Act into operation, to provide for the 

 establishment of a Fisheries Branch, the taking over of Dominion records and documents, 

 the granting of leases, licenses, etc., etc., as first steps towards developing this recently 

 recovered valuable property, and exercising a wise and vigilant oversight over the same 

 for its perpetual preservation, by the establishment of such a policy as would commend 

 itself to the fishermen whose livelihood depends upon its preservation, and the community 

 at large, and by requiring a strict observance of the laws and regulations enacted for 

 that purpose. 



Establishment of a Branch. 



The undersigned was charged with the organization of the Branch, and was 

 despatched to Ottawa to take over the necessary documents, records, etc., and to obtain 

 an insight into the working of the Department there. The Branch was organized (at 

 first attached to the Department of the Attorney-General under the commissioner ship of 

 the Honourable Mr. Hardy), and it consists of a Deputy Commissioner and five assist- 

 ants. The chief clerk (Mr. Webster) having been for a number of years employed in the 

 Fisheries Department at Ottawa, his experience was of much value during the process 

 of organization. 



Protection Service. 



Ninety-four overseers have been^appointed at salaries ranging from $25 to $300. The 

 plan of protection is in the main that adopted by the Federal Government, except tfc , 

 in that portion of the Province where the duty of the overseers is chiefly one of superv^/c 

 sion five district overseers bave also been appointed at salaries ranging from $300 to 

 $600 per annum, whose whole time is expected to be devoted to the duties. With per- 

 haps a few exceptions, the overseers have been exceedingly vigilant and faithful, taking; 

 into consideration the very small allowance which a majority of them receive and the 

 large area of territory which each has to supervise. They were selected expressly to 

 discharge the duties pertaining to their office, and they have been distinctly informed that 

 their retention in office shall be determined by the faithfulness manifested in the proper 

 exercise of those duties. In addition to the salary provided by the Order- in-Oouncil, 

 such travelling expenses as may be considered reasonable and proper are allowed, vouchers 

 being required for all expenditures of $1 and upwards, and an affidavit that the statement 

 of the duties performed, the distances travelled and the amounts charged is correct. The 

 overseer is required to report on the first of each month the nature of the duties perform- 

 ed during the previous month. A bond that he will faithfully fulfil, perform and dis- 

 charge all the duties of his office and account for all moneys received, is required of him. 

 Haven taken the oath prescribed in the statute, he is clothed with the powers of a Justice 

 of the Peace for all the purposes of the Fisheries Act, thu» enabling justice to be speedily 

 and more economically administered, and a miscarriage thereof frequently prevented. 

 The salaries in the main are of necessity small, but it has been found that where a salary 

 is paid, there i3 much greater incentive to apprehend violators and to lay an information, 

 than where a moiety of the fine is the only inducement ; it removes the stigma of being an 

 informer. The overseer feels in accepting a salary that he is morally bound to discharge 



