OF THE COLONY OF NEWFOUNDLAND. 169 



across any watercourse, river or stream resorted to by fish for the pur- 

 pose of spawning, shall have a waste gate opening, or slope sufficient 

 to constitute a proper and sufficient fish way, 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 water- 

 course. 



YIII. 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. 



IX. 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. 



X. No net shall be moored or set in any harbor, cove, creek or 

 estuary, or on or near any part of the coast of this colony or its 

 dependencies, 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. 



XI. No salmon shall be taken before the first day of May or after 

 the tenth 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. 



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

 chapter shall be subject to a penalty not exceeding two hundred dol- 

 lars, 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 ;t 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 



cited and ordered to be sold at public auction. 



XIII. An v justice, sub-collector, preventive officer, fishery warden, 

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

 or <it her ereci inn 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 com- 

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



XIV. All forfeitures and penalties imposed by this 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 wit aesses, by summons or warrant, to appear before him ; and, 

 u | >'. 1 1 conviction of the offender, such justice shall cause all seines, nets, 

 and oi her conl i i\ ances illegally used, to be sold by public auction, or, 

 where permitted under the provisions of the preceding sections of this 



chapter-, de I royed : and in default of the payment of any penally im- 

 posed, and ci,-i . such justice shall issue his warrant and cause such 



offender to be arrested and imprisoned for any period not exceeding 

 twenty days. 



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

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

 prosecuting the offender to conviction. 



