STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1009 



at any time be set or remain in the water, or any seine be drawn, or 

 any salmon speared in any part of the Bay and River Miramichi and 

 its branches, between sun-set on Saturday night and sun-rise on Mon- 

 day morning; and that this clause shall extend to the cross-net 

 claimed by the heirs of the late William Davidson, Esq. at the Elm 

 Tree in the south-west branch of Miramichi river aforesaid; no nets 

 whatever to be set inside of any base lines allowed in the bay, river 

 and branches, excepting in front of the Lot owned by Robert England 

 in Nassau Bay, where the net may extend into the bay in front of the 

 said Lot two hundred fathoms from low water, and in front of the 

 lot owned by Richard Home in the said Nassau Bay, where the net 

 may extend two hundred fathoms from low water, provided no part 

 of the said quantity of net is set outside of the said line ; no net to be 

 set off vacant lands in the bay, river or branches below the upper 

 settlement on the south-west branch, to extend from either shore 

 more than five fathoms from low water, until the said lands are 

 allotted by Government or occupied by permanent settlers. 



II. And be it further enacted, That if any person or persons, 

 from and after the passing of this Act, shall presume to erect or 

 set up any hedge, wear, fish-garth, or other incumbrance, or place 

 any seine or seines, net or nets, in the bay or river Miramichi, or its 

 branches, except as herein before provided for, such person or persons 

 so offending 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 

 for the County of Northumberland, to be levied by warrant of dis- 

 tress and sale of the offender's goods and chattels, 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 recovered 

 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. 



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

 the said county of Northumberland in their General Sessions, may 

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

 to be overseers of the fisheries for each town, parish or district, 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 in- 

 cumbrance, that shall be found in any river, cove or creek, contrary 

 to the provisions of this Act. 



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

 garth, or other incumbrance, or any drift-net, shall be found in any 

 river, cove, or creek, 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 seize the 

 samr; and if no owner shall appear to claim the same within 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 



