STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1051 



623 No. 79. 1853, May 3: Statute of New Brunswick, 16 Viet., 



Cap. 39. 



An Act to revive and amend an Act to regulate the Herring Fishery in the 

 Parishes of Grand Manan, West Isles, Campo Bello, Pennfield, and Saint 

 George, in the County of Charlotte. 



[Passed 3rd May, 1853.] 



" Whereas great injury has been done to the Herring Fishery within 

 the County of Charlotte by the erection of weirs, fishgarths, and other 

 obstructions, and the placing and setting of seines and nets across the 

 several Havens, Rivers, Creeks and Harbors therein ; " 



Be it enacted by the Lieutenant Governor, Legislative Council and 

 Assembly, as follows : 



1. No seine or net shall be set across the mouth of any haven, river, 

 creek or harbor within the Parishes of Grand Manan, West Isles, 

 Campo Bello, Pennfield, and Saint George, in the County of Char- 

 lotte, and no seine or net shall be set in any such haven, river, creek or 

 harbor, which shall extend more than one third the distance across 

 the same, or be within forty fathoms of each other, or which shall be 

 set within twenty fathoms of the shore at low water mark of the 

 same. 



2. Any person offending against the preceding section, upon due 

 conviction thereof, or by confession before one of Her Majesty's 

 Justices of the Peace, for the County of Charlotte, shall for the first 

 offence forfeit the sum of five Pounds, to be levied by warrant of dis- 

 tress and sale of the offender's goods ; and for the second offence shall 

 forfeit the sum of ten pounds, to be recovered with costs in an action 

 of debt in any Court of Record in this Province; and for the third 

 and any subsequent offence, shall forfeit the sum of fifteen pounds, 

 to be recovered with costs in like manner ; one half of such penalties, 

 when recovered, to be paid to the Overseers of the Poor of the Parish 

 where the offence was committed, for the use of the Poor, and the 

 other half to the person who shall sue for the same. 



3. Every fish weir in the Parishes before mentioned which is dry 

 at low water, or which in the opinion of the Wardens of the Fish- 

 eries for the County of Charlotte requires the same, shall have a 

 gate therein of such width and in such position as the said wardens 

 may determine; and the owner or occupier of any fish weir who shall 

 neglect or refuse to place a gate therein according to the directions 

 of the said Wardens, shall forfeit and pay the sum of five pounds 

 for each dav he shall so neglect and refuse after due notice. 



4. The said Wardens and the Overseers of the Fisheries in the 

 Parishes before mentioned, shall severally have power to seize and 

 remove any net, hedge, weir, fishgarth, seine, or other obstruction, 

 set or placed contrary to the provisions of this Act, and after five 

 days notice may sell the same in some public place in the Parish where 

 the seizure is made, together with any fish found therein; after 

 deducting from the proceeds the charges of such seizure and sale, 

 the residue shall be applied to the payment of any penalty incurred 

 under this Act, and the overplus, if any, shall be paid to the Over- 

 seers of the Poor for the Parish where the offence was committed, 

 for the use of the Poor thereof. 



5. The said Warden shall have power to mark out and designate 

 in proper positions at the Island of Grand Manan and other fishing 



