STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1003 



IV. And ~be it -further enacted, That the said Overseers of the 

 fisheries shall be entitled to demand and receive one shilling and 



no more, for each net to be set in the districts to which they 

 596 shall be respectively appointed, from the proprietors of such 

 nets, as a compensation for their trouble. 



V. And ~be it further enacted, That if any such Overseer of the 

 fisheries shall at any time wilfully and knowingly delay, neglect or 

 refuse to perform the duty in and by this Act enjoined, such offender 

 shall forfeit and pay for every offence the sum of five pounds, to 

 be sued for, recovered and applied in the same manner as the penalty 

 of ten pounds herein before mentioned, can or may be sued for, 

 recovered and applied. 



VI. And be it further enacted That if any Overseer shall so neg- 

 lect to perform the duty in and by this Act enjoined, it shall and 

 may be lawful for any person or persons to apply to any Sheriff or 

 Constable, who are hereby authorised and required to take up and 

 remove any such incumbrance forthwith ; and if no person or persons 

 appear to claim the same within ten days, the said net or nets so 

 taken up and removed as aforesaid, shall be considered the one moiety 

 as the property of the person or persons so complaining, and the 

 other moiety as the property of the Sheriff or Constable who may 

 take up and remove the said nets or other incumbrance. 



VII. And be it further enacted, That no net shall be set longer 

 than thirty fathoms in the main River St. John, or extend more than 

 thirty fathoms into the said river, or the broad part of the Kenne- 

 beckacis river or more than one fourth part of the width of the 

 water between the shores on each side the said rivers, and any islands 

 or sand-bars in the said rivers ; and in any of the branches of the said 

 rivers not more than one fourth part of the width of the branch 

 where such net shall be so set; and that no drag net or seine shall 

 be used in either of the same rivers or the branches thereof to sweep 

 the same rivers or the branches thereof, or either of them, more than 

 one fourth part of the width of such river or branch. 



VIII. And be it further enacted, That the width of all such 

 branches, coves or creeks, wherein there are any islands or sand-bars, 

 shall be computed from the opposite shores to the said islands or 

 sand-bars to where the water surrounding the said islands or bars is 

 three feet in depth. 



IX. And be it further enacted, That no net shall be set in the river 

 St. John below the Boarshead or in the harbor of St. John, more 

 than twenty fathoms in length : And that no net shall at any time be 

 set or remain in the water, or any seine be drawn, or any salmon 

 speared, in any part of this province, between the time of sun-set 

 on Saturday night, and sun-rise on Monday morning; and that no 

 nets shall be placed within less than fifty feet of each other measured 

 on a straight line, running parallel as near as may be with the shore, 

 in any of the said places in this clause mentioned, under the penalty 

 of ten pounds for each and every of the said offences herein before 

 described and prohibited, to be sued for, recovered and applied in the 

 manner herein last before mentioned, any law, usage or custom to the 

 contrary thereof in any wise notwithstanding. 



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The remaining part of this Act repealed by 39 Geo. 3, c. 5. 



