1002 APPENDIX TO BRITISH CASE. 



continue, and the same is hereby continued in force until the first day 

 of July, which will be in the year of our Lord one thousand seven 

 hundred and ninety six. 



No. 52. 1793: Extract from Statute of New Brunswick, 33 Geo. Ill, 



Cap. 9. 



An Act for regulating the Fisheries in the different Rivers, Coves and Creeks 



of this province. 



I. Be it enacted by the Lieutenant-Governor, Council and Assem- 

 bly, That if any person or persons after the publication of this Adt, 

 shall presume to erect or set up any hedge, wear, fish garth, or other 

 incumbrance, or place any seine or seine, net or nets across any river, 

 cove or creek in this Province, in such manner as to obstruct, injure 

 or hurt the natural course of the fish in any river or place where they 

 usually go, such person or persons shall forfeit and pay the sum of 

 ten pounds upon due conviction thereof by the oath of one or more 

 credible witness or witnesses before any two of His Majesty's Justices 

 of the Peace in the County where such offence shall be committed, 

 to be levied by warrant of distress and sale of the offender's good-. 

 rendering the overplus, if any, to such offender; and twenty pounds 

 for the second offence, to be recovered with costs by action of debt, 

 bill, plaint or information, in any Court of Record in this Province, 

 and fifty pounds for the third and every subsequent offence, to be re- 

 covered with costs, in the manner last mentioned; one half of which 

 penalties shall on conviction be paid to the Informer, and the other 

 half to the overseers of the poor of the town or parish where such 

 offence shall be committed, to be applied to the use of the poor. 

 Provided always, That nothing herein before contained shall extend 

 or be construed to extend to prevent the erection of wears upon the 

 flats or drawing seines upon the shores, or setting nets, under the 

 regulations herein after mentioned in any such rivers, coves or creeks. 



II. And be it further enacted, That the Justices of the Peace in 

 their General Sessions held in the several counties in this Province, 

 may and are hereby required to appoint one or more fit person or 

 persons inhabitants not being employed as fishermen, to be Overseers, 

 of the fisheries for each town or parish within their respective coun- 

 ties, who shall be sworn to the faithful discharge of their duty, and 

 shall have power to remove any net, hedge, wear, fish garth, seine or 

 other incumbrance that shall be found in any river, cove or creek, 

 contrary to the provisions of this Act. 



III. And be it further enacted, That if any net, hedge, wear, fish 

 garth, seine or other incumbrance shall be found in any river, cove. 

 or creek, in this Province, contrary to the provisions of this Act, it 

 shall and may be lawful for such Overseers of the fisheries and they 

 and each of them are hereby required respectively forthwith to sei/e 

 the same, and if no owner shall appear to claim the same in ten 

 days, such net, seine or fish garth shall, together with the fish, if any 

 found therein, be forfeited and sold by the said Overseers to satisfy 

 the respective penalties in this Act mentioned and inflicted, and the 

 overplus, if any, shall be paid to the Overseers of the poor for the use 

 of the poor of the town or parish where such offence shall be 

 committed. 



