STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1191 



1. No person shall haul, catch, or take herrings by or in a 1 seine 

 or other such contrivance on or near any part of the coast of this 

 Colony or of its dependencies, or in any of the bays, harbors or 

 other places therein, at any time between the twentieth day of Octo- 

 ber and the twelfth day of April in any year, or at any time use a 

 seine or other contrivance for the catching and taking of herrings, 

 except by way of shooting and forthwith hauling the same: Pro- 

 vided that nothing herein contained shall prevent the taking of 

 herrings by nets set in the usual and customary manner, and not used 

 for in-barring or enclosing herrings in a cove, inlet or other place. 



2. No person shall, at any time between the twentieth day of De- 

 cember and the first day of April in any year, use any net to haul, 

 catch or take herrings on or near the coasts of this colony or of its 

 dependencies, or in any bays, harbors or other places therein, having 

 the mokes, meshes or scales of such net less than two inches and three- 

 eights of an inch at least, or having any false or double bottom of any 

 description ; nor shall any person put any net, though of legal size 

 mesh, upon or behind any other net not of such size mesh, fot the 

 purpose of catching or taking such herring or herring fry passing a 

 single net of legal size mesh. 



3. No person shall wilfully remove, destroy, or injure any lawful 

 net or seine, the propertv of another, set or floating on or near the 

 coast of this colony or its dependencies, or any of the bays, harbors 

 or other places therein, or remove, let loose, or take any fish from 

 such seine or net. 



4. No person shall, between the twentieth day of April and the 

 twentieth day of October in any year haul, catch or take herrings or 

 other bait for exportation, within one mile measured by the shore or 

 across the water of any settlement situate between Cape Chapeau 

 Rouge and Point Enragee, near Cape Ray; and any person so haul- 

 ing, catching or taking within the said limits, may be examined on 

 oath by a Justice, Officer of Customs or person commissioned for the 

 purpose as to whether the herrings or other bait are intended for ex- 

 portation or otherwise, and on refusal to answer or answering un- 

 truly, such person shall, on conviction, be subject to the provisions of 

 the twelfth section of this chapter. 



5. No person shall, by spearing or sweeping with nets or seines, 

 take, or attempt to take, any salmon, grilse, par or trout in any bay, 

 river, stream, cove or watercourse, above where the tide usually rises 

 and falls, or in any pond or lake. 



6. No stake, seine, weir, or other contrivance for taking salmon, 

 except nets set or placed across, shall be set or placed in any river, 



stream, cove, lake or watercourse. No net shall extend more 

 705 than one third of the distance in a straight line across, and all 



nets shall be set only on one side of such river, stream, cove, 

 lake or watercourse. 



7. No person shall construct any mill-dam, weir, rack, frame, train- 

 gate, or other erection or barrier in or across any river, stream, cove, 

 Jake or watercourse, so as to obstruct the free passage of salmon 

 grilse, par, trout or other fish resorting thereto, for the purpose of 

 spawning; and all mill-dams or other erections placed on, over or 

 across any water-course, river or stream, resorted to by fish for the 

 purpose of spawning, shall have a waste gate opening, or slope suffi- 

 cient to constitute a proper and sufficient fish way. which shall be kept 



