1052 



APPENDIX TO BRITISH CARE. 



stations in this Province, if accessary, fit places for the deposit of 

 fish offal, to be called "gurry grounds;" they shall post up notices 

 in the said Island at the several School Houses, describing the limits 

 and position of such "gurry grounds,'' and publish the like notice 

 in the Royal Gazette; and if after the posting and publication of 

 such notice, any person shall cast overboard from a boat er vessel 

 the heads, bones or other offal of fish into the waters of or near the 

 Island of Grand Manan, at any place except the said " gurry 

 grounds," such person shall forfeit and pay a fine not exceeding five 

 pounds nor less than ten shillings for each offence. 



6. The penalties in the two preceding sections may be sued for and 

 recovered by summary proceedings before one or more Justices of 

 the Peace together with Costs, and when recovered shall be paid 

 over to the person who shall prosecute for the same. 



No. 80. 1863, May 3: Statute of New Brunswick, 16 Viet., Cap. 69. 

 An Act relating to the Coast Fisheries, and for the Prevention of Illicit Trade. 



Section. 



1. Vessels hovering within three miles 



of the coast may be boarded. 



2. Proceedings when Master refuses 



to depart 



3. Foreign vessels fishing or prepar- 



ing to fish, and their cargoes, 

 forfeited. 



4. Vessels and goods may be seized. 



Penalty for obstructing officers. 



5. Custody of vessels and goods 



seized. 



6. Proceeds of condemned vessels and 



goods, how applied and distrib- 

 uted. 



7. Penalties and forfeitures, how 



prosecuted. 



8. Vessels and goods delivered on se- 



curity. 



9. Suits, how brought and prosecuted. 



Oral evidence as to Seizing Of- 

 ficer. 



10. Burden of proof to rest with claim- 



ant. 



11. Claim for property seized to be un- 



der oath. 



32. Security to be given before claim 

 entered. 



13. Month's notice to officer before ac- 



tion. 



14. Limitation of action against Seiz- 



ing Officer. 



15. If judge certifies probable cause 



for seizure, no costs allowed. 



Section. 



16. Amends may be tendered within 



one month. 



17. Limitation of actions for penalties. 



18. Appeals, within what time to be 



prosecuted. 



19. Coasting vessels to have narrow 



plank or iron extending aft of 

 stern post. 



20. Forfeiture for destroying nets, if 



not so provided. 



624 21. Vessel or boat under fifteen 

 tons to have distinguishing 

 number on bows and mainsail. 



22. Colour of numbers in Bay of 



Fundy and Gulf of Saint Law- 

 rence respectively. 



23. Vessel or boat without distinguish- 



ing number, to be seized and for- 

 feited. 



24. Penalty for false or fraudulent de- 



scription of vessel or boat. 



25. Penalty for false or fraudulent 



proceedings with reference to 

 vessels above fifteen tons bur- 

 then, or foreign vessels. 



26. Lieutenant Governor may grant 



Commission of the Peace to of- 

 ficer in command of Her Maj- 

 esty's vessel of war, while pro- 

 tecting the Fisheries. 



27. Definition of terms. 



28. Suspending clause. 



Passed 3rd May 1853. 



Be it enacted, &c., as follows: 1. Officers of the Provincial Treas- 

 ury, and any other person duly appointed by the Lieutenant Governor 

 in Council for that purpose, may go on board any vessel or boat 

 within any Harbour in this Province, or hovering within' three ma- 



