OF THE COLONY OP NEWFOUNDLAND. 167 



except by way of shooting and forthwith hauling the same: Provided, 

 that nothing herein contained shall prevent the taking of herrings by 

 nets set in the usual and customary manner, and not used for in- 

 barring or enclosing herrings in a cove, inlet, or other place. 



II. Section one of chapter one hundred and two, of title twenty- 

 seven, of the Consolidated Statutes, entitled "of the coast fisheries," 

 and section one of an act passed in the thirty-ninth year of the reign of 

 Her present Majesty, entitled "An act to amend the law relating to the 

 coast fishes," are hereby repealed. 



III. Section twelve of chapter one hundred and two, title twenty- 

 seven, of the Consolidated Statutes, is hereby amended, by substi- 

 tuting the words ''two hundred dollars" for the words "fifty dollars.'' 



IV. The owners, masters, and other persons managing or controlling 

 vessels conveying herrings in bulk between the twentieth day of Octo- 

 ber in any year and the eighteenth day of April in the following year, 

 shall be deemed to have hauled, caught, or taken such herring con- 

 trary to the provisions of chapter one hundred and two of the Con- 

 solidated Statutes, as amended by the said above recited act, thirty- 

 nine Victoria, chapter six, and by this act, unless such owner, master, 

 or other person aforesaid shall make proof to the contrary before a 

 justice of the peace. 



V. Any justice of the peace, sub-collector of customs, preventive 

 officer, fishery warden, or constable, may board any vessel suspected 

 of carrying herrings in bulk between the twentieth day of October in 

 any year, and the eighteenth day of April in the following year: and 

 'n case any such justice, sub-collector, preventive officer, fishery war- 

 den, or "(instable, shall make signal to any vessel suspected as afore- 

 said, from an) vessel employed by the government, by dipping the 

 ensign at the main peak three times, and firing a gun, it shall be the 

 duty of the owner, master or person managing or controlling such 

 ve& <-l 30 signalled, to heave to such vessel until such justice, sub- 

 collector, preventive officer, fishery warden, or const aide, shall have 

 boarded and examined such Last-named vessel; and in case of such 

 master, owner, or person managing or controlling as aforesaid such 

 last-named vessel omitting so to heave her to, or to afford facil- 

 ities for such justice, sub-collector, preventive officer, fishery warden, 

 or constable, boarding such vessel, or obstructing such justice, sub- 

 collector, preventive officer, fishery warden, or const aide, boarding or 



imining any such vessel, he shall be subject to a penally of five 



hundred dollars, to be recovered with costs in a summarj manner 



before a ju tice of the peace, and in case defaull shall be made in the 



payment of nch penally, such justice shall issue his warrant and 



1 1 offender to be imprisoned for a period qoI exceeding thirty 



da ;. 



\ I. If any pei on i 1 1 all feel himself &g pieved by any order or judg- 

 ment of such justice under this act, or under the said chapter, he shah* 

 have liberty to appeal to the Supreme Court in Si . John's or on circuit, 

 upon giving sufficient ecurity for the due performance of such order or 

 judgment . if confirmed, and for the payment of all costs, and lo pros- 

 ecute i he said appeal. 



