162 LEGISLATIVE ACTS, PROCLAMATIONS, ETC., 



IV. No person shall, at any time, between the 20th day of April and 

 the 20th day of October, haul, catch, or take any herring or other bait 

 for exportation within one mile of any settlement situate on that part 

 of the coast between Cape Chapeau Rouge and Point Iiosey. 



V. Any person who shall violate any of the provisions of this Act 

 shall for every offence forfeit a sum not exceeding ten pounds; and, 

 in addition, all seines, nets, and other contrivances used or employed 

 in, about, or preparatory to the catching, hauling, taking, or in- 

 barring of any herrings, in violation of any of the provisions hereof, 

 shall be liable to forfeiture, and the same may be seized at once by 

 any Justice, Sub-Collector of Customs, Preventive Officer, or Con- 

 stable, on view or by virtue of a warrant issued by such Justice, Sub- 

 Collector, or Preventive Officer, on oath to be administered by any 

 of them, and detained until the trial of the offender, when they may 

 be declared forfeited and ordered to be sold at public auction. 



VI. And whereas an Act was passed in the twenty-third year of 

 the reign of Her present Majesty, entitled "An Act for the Protec- 

 tion of the Salmon Fishery, and for other purposes," whereby cer- 

 tain nets and seines were forbidden to be used, and certain weirs and 

 other erections and contrivances were prohibited from being erected 

 at certain times and under certain circumstances, in the said Act 

 declared : 



Be it further enacted, That it shall be lawful for any Justice, Sub- 

 Collector, Preventive Officer, or Constable aforesaid, on view, and 

 for any Constable or other person by virtue of a warrant to be issued 

 as aforesaid, to seize any net or seine, and to destroy any weir or 

 other erection or contrivance used or erected in contravention of the 

 said recited Act, and all such nets and seines shall be forfeited and 

 disposed of in manner provided by the Vth section of this Act. 



VII. All forfeitures and penalties imposed by this or the said 

 recited Act shall be recovered with costs, in a summary manner, 

 before any Justice of the Peace, for which purpose such Justice shall 

 have full power to summon or arrest the oifender, and to compel all 

 witnesses, either by summons or warrant, to appear before him on 

 such trial; and upon conviction of such offender, such Justice shall 

 issue his warrant to cause such seines, nets, or other contrivances so 

 illegally used, to be sold at public auction, or, where permitted under 

 the preceding section of this Act, destroyed; and in default of pay- 

 ment of such penalty as may be imposed, and costs, by the party 

 convicted, such Justice shall issue his warrant to any constable or 

 other person to arrest and imprison such convicted offender for a 

 period not exceeding twenty days. 



VIII. All penalties and forfeitures under this or the said recited 

 Act, and all proceeds thereof, when recovered, shall be paid to the 

 party informing against and prosecuting such offender to conviction. 



IX. No conviction or proceeding by any Justice or other officer 

 under this Act shall be quashed or set aside for want of form, so long 

 as the same shall be substantially in accordance with the true intent 

 and meaning of this Act. 



X. Provided always, That nothing in this Act contained shall in 

 any way affect or interfere with the rights and privileges granted by 

 Treaty to the subjects or citizens of any State or Power in amity 

 with Her Majesty. 



XI. The ninth section of the said recited "Act for the Protection 

 of the Salmon Fishery" is hereby repealed. 



