164 LEGISLATIVE ACTS, PROCLAMATIONS, ETC., 



the purpose of spawning, shall have a waste gate opening, or slope 

 sufficient to constitute a proper and sufficient fish a\ ay, which shall 

 be kept in repair by the owner. No person shall permit any sawdust 

 or mill rubbish to be cast into any such river, stream, cove, lake, or 

 watercourse. 



8. No person shall use any net for taking salmon, the mokes, 

 meshes, or scales of which are less than four inches and a half inch. 



9. No person shall buy or sell or have in his possession, salmon, 

 knowing the same to have been taken contrary to the provisions of 

 this chapter, and every salmon so taken, bought, or sold, shall be de- 

 clared forfeited to the complainant by any Justice. 



10. No net shall be moored or set in any harbour, cove, creek, or 

 estuary, or on or near any part of the coast of this Colony, or its de- 

 pendencies, for the purpose of taking salmon, nearer to any other net 

 moored or set for a like purpose than one hundred yards for a single 

 net, and three hundred yards for a double net or fleet of nets. 



11. No salmon shall be taken before the 1st day of May or after the 

 10th day of September in any year: Provided that if the time limited 

 in this section shall be found to operate injuriously in any part of this 

 island, the Governor in Council may appoint any other time or times, 

 and such time or times shall be as binding on all persons as if specially 

 mentioned herein. 



12. Any person who shall violate any of the provisions of this 

 chapter shall be subject to a penalty not exceeding fifty dollars, and 

 all seines, nets, and other contrivances used contrary to the provisions 

 of this chapter shall be forfeited, and may be seized and detained 

 until the trial of the offender by any Justice, Sub-Collector of Customs, 

 Preventive Officer, Fishery Warden, or Constable, on view, or by 

 virtue of a warrant issued by such Justice, Sub-Collector, or Pre- 

 ventive Officer, upon complaint made on oath to be administered by 

 either of them, and, upon conviction, the same may be declared 

 forfeited and ordered to be sold at public auction. 



13. Any Justice, Sub-Collector, Preventive Officer, Fishery Warden, 

 or Constable, may, on view, destroy any weir, rack, frame, train-gate, 

 or other erection or barrier, used or erected contrary to the provisions 

 of this chapter, or the same may be destroyed by virtue of a warrant 

 issued by any Justice, Sub-Collector, or Preventive Officer, upon 

 complaint made on oath to be administered by either of them. 



14. All forfeitures and penalties imposed by tins chapter shall be 

 recovered, with costs, in a summary manner before any Justice, for 

 which purpose such Justice may summon or arrest the offender, and 

 compel witnesses, by summons or warrant, to appear before him; 

 and upon conviction of the offender, such Justice shall cause all 

 seines, nets, and other contrivances illegally used, to be sold by 

 public auction, or, where permitted under the provisions of the pre- 

 ceding sections of this chapter, destroyed; and in default of the 

 payment of any penalty imposed, and costs, such Justice shall issue 

 his warrant and cause such offender to be arrested and imprisoned 

 for any period not exceeding twenty days. 



15. All penalties and forfeitures imposed by this chapter, and the 

 proceeds thereof, shall be paid to the party informing against and 

 prosecuting the offender to conviction. 



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

 under this chapter shall be quashed or set aside for any informality, 



