1038 APPENDIX TO BRITISH CASE. 



making more effectual provision for the Government of the Province 

 of Quebec, in North America" and to make further provision for 

 the Government of the said Province " ; and it is hereby enacted by 

 the authority of the same, that all and every His Majesty's subjects, 

 shall peaceably 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 of Gaspe, between 

 Cape Chat, on the south side of the River Saint Lawrence, and the 

 first rapid of the River Ristigouche, within the said District, and 

 on the Island of Bonaventure, opposite to Perce, 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 preparing their fish for exportation, or that may be 

 useful to their fishing trade, without hindrance, interruption, denial 

 or molestation from any person or persons whomsoever. ProvMed 

 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. 



II. And be it further enacted by the authority aforesaid, that the 

 Master or C<*mmander of any Vessel fitted out from the United King- 

 dom of Great-Britain and Ireland, or the Dominions thereunto 



belonging, may take possession of so much of the unoccupied 

 616 beach, within the aforesaid Inferior District of Gaspe, as 



may be necessary for curing his fish, and preparing 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 persons 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 proceeding there- 

 from, 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 occu- 

 pier shall, when thereunto required by the preceding possessor, or his 

 lawful Attorney, the demand being made within one year after pos- 

 session taken, pay him for such parts of the flakes and stages as such 

 new occupier shall take possession of And provided further, that 

 the said preceding possessor, 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 Inferior District of Gaspe, shall 

 be thrown out of any vessel, or discharged into any stream, bason or 

 road in the said Inferior District ; but that the same shall be carried 

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



