1080 APPENDIX TO BRITISH CASE. 



2. The place, form and capacity of the fish-way may be prescribed 

 by any fishery officer by notice in writing. 



3. Fish-ways shall be kept open and unobstructed and shall be sup- 

 plied with a sufficient quantity of water to fulfil the purposes of this 

 enactment, during such times as are required by any fishery officer. 



4. The Minister may authorize the payment of one-half of the ex- 

 pense incurred by such owner or occupier in constructing and main- 

 taining any fish-way. 



5. The Minister, in order to procure the construction of any fish- 

 way, pending proceedings against any owner or occupier for the 

 penalty imposed by this Act, may give directions to make and com- 

 plete the same forthwith, and may authorize any person to enter 

 upon the premises with the necessary workmen, means and materials, 

 and may recover from the owner or occupier the whole expense so 

 incurred by action before any competent tribunal. 



6. No person shall injure or obstruct any fish-way, or do anything 

 to deter or hinder fish from entering an(i ascending or descending 

 the same, or injure or obstruct any authorized barrier. R. S., c. 95. 

 s. 13. 



GENERAL PROHIBITIONS. 



47. No one shall fish for, take, catch or kill fish in any water, or 

 along any beach, or within any fishery limits, described in any lease 

 or license, or place, use, draw or set therein any fishing gear or appa- 

 ratus, except by permission of the occupant under such lease or 

 license for the time being, or shall disturb or injure any fishery: 

 Provided that the occupation of any fishing station or waters so 

 leased or licensed for the express purpose of net fishing shall not 

 interfere with the taking of bait used for cod-fishing, or prevent 

 angling for other purposes than those of trade and commerce. 



2. Seines, nets or other fishing apparatus shall not be set in such a 

 manner or in such places as to obstruct the navigation with boats and 

 vessels, and, no boats or vessels shall be permitted to destroy or 

 wantonly injure in any way any seines, nets or other fishing appa- 

 ratus lawfully set. 



3. Every person using stakes or other timber placed for fishing 

 purposes in any water shall remove the same within forty-eight hours 

 after ceasing to use them, and in all cases at the expiry of the fishing 

 season. 



4. The main channel or course of any stream shall not be ob- 

 structed by any nets or other fishing apparatus; and one-third of 

 the course of any river or stream, and not less than two-thirds of 

 the main channel at low tide, in every tidal stream, shall be always 

 left open, and no kind of fishing apparatus or material shall be used 

 or placed therein: Provided that the use of weirs for catching eels 

 exclusively, and the use of mill-dams for catching eels, shall be 

 prevented only in cases where, and at times when they injure other 

 fisheries or, by completely barring any passage, they deprive other 

 weirs of a share in the run of eels; and such place, time and circum- 

 stances may be determined by any fishery officer. 



5. No net or other device shall be so used as entirely to obstruct 

 the passage of fish to or from any of the waters of Canada, by any 

 of the ordinary channels connecting such waters, or prevent their 



