1192 APPENDIX TO BRITISH CASE. 



in repair by the owner. No person shall permit any sawdust or mill 

 rubbish to be cast into any such river, stream, cove, lake or water- 

 course. 



8. No person shall use any net for taking salmon, the mokes, meshes 

 or scales of which are less than four inches and a half inch. 



9. No person shall buy or sell or have in his possession salmon, 

 knowing the same to have been taken contrary to the provisions of 

 this chapter, and every salmon so taken, bought or sold, shall be 

 declared forfeited to the complainant by any justice. 



10. No net shall be moored or set in any harbour, cove, creek or 

 estuary, or on or near any part of the coast of this colony, or its 

 dependencies, for the purpose of taking salmon, nearer to any other 

 net moored or set for a like purpose than one hundred yards for a 

 single net, and three hundred yards for a double net or fleet of nets. 



11. No salmon shall be taken before the first day of May or after 

 the tenth day of September in any year: Provided that if the time 

 limited in this section shall be found to operate injuriously in any 

 part of this island the Governor in Council may appoint any other 

 time or times, and such time or times shall be as binding on all per- 

 sons as if specially mentioned herein. 



12. Any person who shall violate any of the provisions of this 

 chapter shall be subject to a penalty not exceeding fifty dollars, and 

 all seines, nets, and other contrivances used contrary to the provi- 

 sions of this chapter shall be forfeited, and may be seized and de- 

 tained until the trial of the offender by any Justice, sub-Collector of 

 Customs, Preventive officer, fishery warden, or constable, on view. 

 or by virtue of a .warrant issued by such Justice, sub-Collector or 

 Preventive officer, upon complaint made on oath to be administered 

 by either of them, and, upon conviction, the same may be declared 

 forfeited and ordered to be sold at public auction. 



13. Any Justice, sub-Collector, Preventive officer, fishery warden, 

 or constable, may, on view, destroy any weir, rack, frame, train-gate 

 or other erection or barrier, used or erected contrary to the provisions 

 of this chapter, or the same may be destroyed by virtue of a war- 

 rant issued by any Justice, sub-Collector, or Preventive officer, upon 

 complaint made on oath to be administered by either of them. 



14. All forfeitures and penalties imposed by this chapter shall be 

 recovered with costs, in a summary manner before any Justice, for 

 which purpose such Justice may summon or arrest the offender, and 

 compel witnesses, by summons or warrant, to appear before him; 

 and, upon conviction of the offender, such Justice shall cause all 

 seines, nets, and other contrivances illegally used, to be sold by public 

 auction, or where permitted, under the provisions of the preceding 

 sections of this chapter, destroyed; and in default of the payment 

 of any penalty imposed, and costs, such Justice shall issue his warrant 

 and cause such offender to be arrested and imprisoned for any period 

 not exceeding twenty days. 



15. All penalties and forfeitures imposed by this chapter, and the 

 proceeds thereof, shall be paid to the party informing against and 

 prosecuting the offender to conviction. 



16. No proceeding or conviction by any Justice or other officer 

 under this chapter shall be quashed or set aside for any informality, 

 provided the same shall be substantially in accordance with the intent 

 and meaning of this chapter. 



