1024 APPENDIX TO BRITISH CASE. 



have, use and enjoy the freedom of taking bait, and of fishing in any 

 river, creek, harbour or road, -with liberty to go on shore on any part 

 within the inferior district 01 Gaspe, and in the county of Cornwallis. 

 and in such part of the county of Northumberland as lies to the east- 

 ward of Cape Tourmente, for the purpose of salting, curing and 

 drying their fish; to cut wood for making and repairing stages, 

 flakes, hurdles, cook-rooms, and other purposes necessary for pre- 

 paring their fish for exportation, or that may be useful to their fish- 

 ing trade, without hindrance, interruption, denial or molestation 

 from any person or persons whomsoever. Provided such river, creek, 

 harbour or road, or the land upon which such wood may be cut, doth 

 not lie within the bounds of any private property, by grant from His 

 Majesty, or other title proceeding from such grant by His Majesty, 

 or by grant made prior to the year one thousand seven hundred and 

 sixty, or held under and by virtue of any location certificate, or title 

 derived from any such location certificate, or in virtue of any title 



derived under any act of the Legislature of this province. 

 608 II. And be it further enacted by the authority aforesaid. 



that the master or commander of any vessel fitted out from 

 the United Kingdom of Great-Britain and Ireland, or the dominions 

 thereunto belonging, as well as all other subjects of His Majesty, may 

 take possession of so much of the unoccupied beach, within the afore- 

 said inferior district of Gaspe, and in the county of Cornwallis, and 

 in such parts of the county of Northumberland as lies to the eastward 

 of Cape Tourmente, as may be necessary for curing his fish, and pre- 

 paring it for exportation ; and to retain and enjoy the same, so long 

 as he shall not leave it unoccupied for the space of twelve calendar 

 months; in which case it shall be lawful for any other person or per- 

 sons to take possession thereof, in part or the whole, for the same 

 purposes, and on the same condition. Provided that such beach be 

 not private property, by grant from His Majesty, or other title pro- 

 ceeding therefrom, or by grant prior to the year one thousand seven 

 hundred and sixty, or held under and by virtue of any location 

 certificate or title derived therefrom, or in virtue of any title derived 

 under any Act of the legislature of this province. Provided also, 

 that such new occupier shall, when thereunto required by the preced- 

 ing possessor or his lawful attorney, the demand being made within 

 one year after possession taken, pay him, a dire cTexperts, for such 

 parts of the flakes and stages as such new occupier shall have taken 

 possession of. And provided further, that the said preceding pos- 

 sessor, not having been paid as aforesaid, may remove any building. 

 or other improvement, erected or made by him on the unoccupied 

 beach as aforesaid, so that such removal be not made during and 

 before the close of the fishing season, in which the new occupier shall 

 have taken possession. 



III. And be it further enacted by the authority aforesaid, that no 

 ballast, or any thing else injurious or hurtful to any of the rivers, 

 harbours or roads within the said district of Gaspe, or in the said 

 county of Cornwallis, or in such part of the county of Northumber- 

 land as lies to the eastward of Cape Tourmente, shall be thrown out 

 of any vessel, or discharged into any stream, basin or road in the 

 said inferior district, or counties aforesaid, but that the same shall 

 be carried on shore, and deposited where no public or private injury 

 may be sustained thereby. Nor shall any person or persons throw 



