1088 APPENDIX TO BRITISH CASE. 



of a ditch, channel or canal constructed or adapted for conducting 

 water from any lake, river or stream, for irrigating, manufacturing, 

 domestic or other purj ><>.-<'.-. who. 



(a) neglects or refuses to provide and maintain in a good and suf- 

 ficient state of repair at its entrance or intake a fish-g-iard or 

 a metal or wire grating, covering or netting with meshes not 

 more than three-eighths of an inch in diameter, approved by 

 the Minister or such officer as he from tune to time appoints 

 to examine it, and so fixed as to prevent the passage of fish 

 from any lake, river or stream into such ditch, channel or 

 canal; or, 

 (6) permits the removal of such fioh-giiard. grating or netting, 



except for removal or repair; or 



(t?) during the time such removal or repair is being effected, neg- 

 lects or refuses to close the sluice or gate at the intake or 

 entrance of such ditch, channel or canal, so as to prevent the 

 passage of fish into such ditch, channel or canal : 

 shall, after three days' notice in writing from the Minister, or from 

 a fishery officer, be liable to a penalty of four dollars for each day or 

 part of a day during which such ditch, channel or canal remains un- 

 provided with such duly approved and properly maintained netting. 

 grating or fish-guard. 57-58 V., c. 51, s. 5. 



87. Every one who, contrary to the provisions of this Act, throws 

 overboard ballast, coal ashes, stones, or other prejudicial or deleterious 

 substances in any river, harbour or roadstead or any water where 

 fishing is carried on, or throws overboard or lets fall upon any fishing 

 bank or ground, or leave.-, or deposits or causes to be thrown, left or 

 deposited, upon the shore, beach or bank of any water, or upon the 

 beach between high and low water mark, inside of any tidal estuary. 

 or within two hundred yards of the mouth of any salmon river, re- 

 mains or offal of fish, or of marine animals, or leaves decayed or 

 decaying fish in any net or other fishing apparatus, shall be liable, 

 for each offence, to a penalty not exceeding one hundred dollars, or to 

 imprisonment for a term not exceeding two months; and every one 

 so offending, whether master or servant, and the master or owner of 

 any vessel or boat from which such ballast or offal, or other prejudi- 

 cial substance is thrown, shall be liable to penalty and imprisonment 

 as aforesaid for each such offence. R. S., c. 95, s. 5. 



88. Every person who causes or knowingly permits to pass into, or 

 puts or knowingly permits to be put, lime, chemical substances or 

 drugs, poisonous matter, dead or decaying fish, or remnants thereof, 

 mill rubbish or sawdust or any other deleterious substance, in any 

 water frequented by any of the kinds of fish mentioned in this Act. 

 shall be liable, for a first offence, to a penalty of twenty dollars and 

 costs; for the second offence, to a penalty not exceeding forty dollars 

 and costs, and also in addition thereto a further penalty not exceed- 

 ing ten dollars for every day during which such offence is continued; 

 and for the third or any subsequent offence, to a penalty not exceed- 

 ing one hundred dollars and costs, and also in addition thereto a 

 further penalty not exceeding twenty dollars for every day during 



which such offence is continued. 58-59 V., c. 27, s. 1. 

 645 89. Every person who wilfully destroys or injures anyplace 



set apart or leased under the authority of the Minister for the 

 propagation of fish, or who fishes therein without written permis- 



