1208 APPENDIX TO BRITISH CASE. 



not holding or producing a licence under this Act, shall be liable to 

 a fine not exceeding five hundred dollars, or to imprisonment not 

 exceeding three months. 



XII. In any prosecution under the next proceeding Section, the 

 onus of proof that the bait fishes were not intended for shipment or 

 for exportation, shall rest upon the party accused: Provided there 

 be a proof of a sale under such circumstances as shall be consistent 

 with a reasonable presumption that shipment or exportation was 

 intended. 



XIII. The Governor in Council may, from time to time, appoint 

 special Commissioners for the purpose of enforcing the provisions of 

 this Act. 



XIV. Any such Commissioner, or any Justice of the Peace, Sub- 

 Collector, Preventive Officer, Fishery Warden or Constable, may 

 board and examine and search any boat or vessel suspected of having 

 on board, or conveying or exporting bait fishes contrary to the provi- 

 sions of this Act or of any licence granted thereunder; and in case 

 any such Commissioner, Justice of the Peace, Sub-Collector, Preven- 

 tive Officer, Fishery Warden, Constable, or the crew of any vessel 

 employed by the Government, shall make a signal by hoisting the 

 International Signal B. M. I., meaning " Heave to, I will send a 

 boat," and firing a gun or by dipping at the main peak three times the 

 flag, with the badge of the Colony, as prescribed by the Colonial 

 Regulations, it shall be the duty of the owner, master or person man- 

 aging or controlling such vessel to heave to until such Commissioner, 

 Justice, Sub-Collector, Fishery Warden or Constable shall have 

 boarded and examined such last-named vessel; and in case of such 

 owner, master or person managing or controlling such last-named ves- 

 sel, omitting to heave her to, or obstructing or omitting to afford facili- 

 ties for such Commissioner. Justice. Sub-Collector, Preventive Officer, 

 Fishery Warden or Constable, in boarding and examining such vessel, 

 he shall be subject to a penalty not exceeaing five hundred dollars, or 

 to imprisonment for a term not exceeding three months. The master 

 of any vessel who shall refuse or unreasonably delay in obeying such 

 signal may be arrested and brought before a stipendiary Magistrate, 

 and his vessel may be seized and held by any such Commissioner, 

 Justice, Sub- Collector, Preventive Officer, Fishery Warden or Con- 

 stable, until an adjudication shall have taken place upon a complaint 

 under this Section. 



XV. Any person found hauling, catching, taking, purchasing, 

 selling, shipping or conveying any bait fishes, or any person having 

 any such fishes in his possession, or the master, owner, or crew of any 

 boat or vessel on board of which any bait fishes may be found, may 

 be examined on oath by a Justice of the Peace, Sub-Collector, or Pre- 

 ventive Officer, Fishery Warden or Commissioner, appointed under 

 this Act, as to the quantity and kind of bait fishes in his possession, 

 or on board of such boat or vessel, the purpose for which such bait 

 fishes are intended to be used, or as to the place to which the same 

 are intended to be conveyed or exported, and upon his refusing to 

 answer, or answering untruly, or failing to produce a licence under 

 this Act, or having such licence, being found to have violated or 

 failed to comply with the provisions thereof, such Justice, Sub-Col- 

 in lor. Preventive Officer, Fishery Warden or Commissioner, may 



