1214 APPENDIX TO BRITISH CASE. 



25. Fish required for scientific or procreative purposes, or for 

 immediate use, may be taken at any time by any method. 



26. All penalties and the proceeds of all sales of forfeited fishing 

 gear, imposed and collected under the foregoing Rules and Regula- 

 tions shall be distributed as follows, viz : One half to the person prose- 

 cuting the offender to conviction and the residue to the Receiver 



General for the use of the Colony. 



719 27. All forfeitures and penalties for a breach of these Rules 

 and Regulations shall be recovered in a summary manner be- 

 fore a Stipendiary Magistrate. 



28. Whenever the penalty imposed shall exceed one hundred dol- 

 lars, or the penalty and the value of the forfeited fishing gear to- 

 gether amount to more than one hundred dollars, then any person 

 feeling himself aggrieved by any judgment of such Magistrate shall 

 have liberty to appeal to the Supreme Court in St. John's, or on Cir- 

 cuit, upon giving sufficient security for the due performance of such 

 judgment if confirmed, and for the payment of all costs, and to prose- 

 cute the said appeal. 



29. The security provided under Rule and Regulation number 28. 

 shall, in no case, exceed the sum of one thousand dollars. 



30. Pending the hearing and adjudication of such appeal, the 

 owner or master of the codtrap, herring seine or caplin seine shall be 

 permitted to fish with the same. 



31. These Rules shall continue in force for one year from the 15th 

 day of May, 1890. and until next session of the Legislature: and pro- 

 vided further that these Rules shall not be construed as affecting the 

 fisheries on that part of the coast where the French have Treaty 

 rights, until the approval of Her Majesty has been obtained. 



No. 131. 1891, June 16: Rules and Regulations under Newfoundland 

 Statute, 52 Viet., Cap. 7, sec. 16. 



Rules and Regulations respecting the Lobster Industry and the Cod and Herring 

 Fisheries, made under and by virtue of Section 16. of an Act passed In the 

 fifty-second year of the reign of Her present Majesty, entitled "An Act to 

 provide for the formation of a Fisheries' Commission, and for other pur- 

 poses." 



[Passed House of Assembly 16th April, 1891.'] 

 {Passed Legislative Council 27th April, 1891.] 



These Rules and Regulations became law by publication in the 



" Royal Gazette " of June 16th, 1891 : 

 ******* 



III. HERRING FISHERY. 



29. No herring shall be hauled and barred in seines, except under 

 the conditions and in the manner prescribed by these rules. 



30. No herring shall be barred in a seine of less than seventy 

 fathoms in a dry condition, or in water of less depth than three 

 fathoms, or for a longer period than forty-eight hours, or so tightly 

 that there is danger of the herring perishing while so barred. 



31. In case there is no prospect of using or disposing of barred 

 herring in a condition fit for human food or bait purposes, such 

 herring shall be liberated forthwith, and any person so inbarring 

 herring that they perish from being inbarred shall be guilty of an 



