1004 APPENDIX TO BRITISH CASE. 



No. 53. 1794: Statute of New Brunswick, 34 Geo. Ill, Cap. S. 



An Act to explain and amend an act, Intituled, "An Act for regulating the 

 fisheries in the different Rivers, Coves and Creeks of this Province." 



Whereas in and by an Act made and passed in the thirty-third 

 year of His Majesty s reign, intituled, "An Act for regulating the 

 Fisheries in the different Rivers, Coves and Creeks, of this Province," 

 it is enacted, " That no net shall be set in the river Saint John below 

 the Boarshead, or in the Harbor of Saint John more than twenty 

 fathoms in length " : And whereas doubts have arisen whether under 

 the said law more than one length of such nets may be set ; for pre- 

 venting such doubts in future 



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

 bly, That from and after the passing of this Act, only one length 

 of the nets herein before described, shall be set in the same line run- 

 ning into the water in any part of the river Saint John below the 

 Boarshead, or in the harbor of Saint John, and if any person shall 

 set any length of net running into the water in the same line with the 

 net which is permitted to be set by the said herein before recited Act, 

 every person so offending shall for every offence forfeit and pay the 

 sum 01 ten pounds, to be recovered, paid and applied in the same 

 manner, and to the same uses as the first penalty mentioned in the 

 said herein before recited Act can or may be recovered, paid and 

 aplied. And whereas, in and by the said herein before recited Act. 

 it is enacted, " That no nets shall be placed within less than fifty feet 

 of each other, measured upon a straight line running parallel, as 

 near as may be, with the shore in any of the places in the said Act 

 for that purpose particularly mentioned." And whereas, doubts 

 have arisen whether the distances between such nets may be marked 

 and ascertained upon more than one such line parallel with the same 

 shore ; for preventing such doubts in future 



II. Be it enacted^ That the distances between such nets shall be 

 marked and ascertained upon one such line, parallel with any part 

 of the shore, in the river Saint John below the Boarshead, or in the 

 harbor of Saint John. 



III. And be it further enacted, That where no goods or chattels 

 can be found whereon to levy, by warrant of distress and sale of the 

 offenders' goods, the fines and penalties inflicted in this and the said 



herein before recited Act, it shall and may be lawful for the 

 597 Justice and Justices, and the Court before whom or which the 



conviction may be, to commit the offender or offenders to the 

 public gaol in the county, for any time not exceeding thirty nor less 

 than ten days, as such Justice or Justices, or Court shall respectively 

 think fit. 



IV. And be it further enacted, That the said herein before recited 

 Act, and every clause, matter and thing therein contained, shall be 

 and remain in full force, any thing herein before contained to the 

 contrary notwithstanding. 



