1056 



APPENDIX TO BRITISH CASE. 



626 No. 81. 1864, Statute of New BiiLnswick: Revised Statutes 



1864, Cap. 101 



TITLE XXII. Of the sea and river flsheriet. 

 CHAPTER 101. 



Section. 



1. Wardens, appointment and duty. 



2. Warden's pay, amount, by whom, 



and when paid. 



3. Assessment for Warden's pay, 



amount, by whom authorized. 



4. Warden competent witness. 



5. Leases, &c., when, by whom, and 



how granted. 



6. Regulations of Governor in Coun- 



cil. 



7. Gurry grounds. 



8. Fishways to be made, In what 



dams. 



9. Rubbish, where it shall not be 



thrown. 



10. Where, when, and in what manner 



salmon shall not be taken, 

 sold, &c. 



11. Angling for salmon, how long per- 



mitted. 



12. Placing nets, &c., restriction as to. 



Section. 



13. Gates, ordered for what, and by 



whom. 



14. Nets to be seized, when and by 



whom. 



15. When and where herring shall not 



be taken, offence. 



16. Penalty for breach of what Sec- 



tion. 



17. Do. do. what other 

 Section. 



18. Penalties of what Section, to 



whom paid. 



19. Penalty for breach of what Sec- 



tion. 



20. Do. do. what Sec- 

 tions. 



21. Do. do. what Sec- 

 tion. 



22. Penalties, recovery, and applica- 



tion. 



V 



1. The Governor in Council may appoint two Wardens of the 

 Fisheries in any County, who shall watch over and protect the fish- 

 eries, enforce the provisions of this Chapter, the rules of the Justices 

 in Session, or Municipal authorities, and the regulations of the Gov- 

 ernor in Council, in relation to such fisheries ; and they shall be sub- 

 ject to the directions of, and liable to the penalties imposed by the 

 Governor in Council in the regulations, for misconduct or neglect of 

 duty. 



2. Each Warden in addition to the proportion of any penalty re- 

 ceived under this Chapter, shall receive from the Provincial Govern- 

 ment forty pounds per year for his services; the same shall not be 

 drawn until it be certified to the Governor in Council that the County 

 for which he may have been appointed has provided a similar sum for 

 that purpose. 



3. The Justices in Session, or at any Special Sessions if called for 

 that purpose for any County to which any Warden may have been 

 appointed, may assess the inhabitants of the said County for the sum 

 of forty pounds for each Warden, which shall be assessed, collected, 

 and paid as other County rates. 



4. Nothing in this Chapter shall prevent the Warden from being a 

 competent witness for the recovery of any penalty therein mentioned. 



5. The Governor in Council may grant leases or licenses of occupa- 

 tion, for a term not exceeding five years, for Fishing Stations on 

 ungranted shores, beaches, or islands, which shall terminate when 

 such stations cease to be used for such purpose ; no station shall oc- 

 cupy the whole of a locality where there may be space for more than 

 one. When application is made for any such station, the lease or 

 licence therefor shall be sold at public auction after thirty days 

 notice, the upset price being determined by the Governor in Council, 



