1226 APPENDIX TO BRITISH CASE. 



suspected of carrying herrings which have been taken contrary to 

 the provisions of section one of this chapter; and in case any such 

 Justice Sub-collector, Preventive Officer, Fishery Warden of Con- 

 stable shall make signal to any vessel suspected as aforesaid, from 

 any vessel employed by the Government, by dipping the Ensign at 

 the mam peak three times and firing a gun, it shall be the duty of 

 the owner, master, or person managing or controlling such vessel so 

 signalled, to heave-to such vessel until such Justice, Sub-collector, 

 Preventive Officer, Fishery Warden or Constable shall have boarded 

 and examined such last-named vessel; and in case of such master, 

 owner, or person managing or controlling as aforesaid, such last- 

 named vessel omitting so to heave her to, or to afford facilities for 

 such Justice, Sub-collector, Preventive Officer, Fishery Warden or 

 Constable to board and examine such vessel, or obstructing such Jus- 

 tice, Sub-collector, Preventive Officer, Fishery Warden or Constable 

 boarding or examining any such vessel, he shall be subject to a pen- 

 alty of five hundred dollars, to be recovered with costs in a summary 

 manner before a Justice of the Peace, and in case default shall be 

 made in the payment of such penalty, such Justice shall issue his 

 warrant and cause such offender to be imprisoned for a period not 

 exceeding thirty days. 



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

 cember in any year and the first day of April in the following year, 

 use any net to haul, catch or take herrings on or near the coasts of 



this Colony or its dependencies, or in any bays, harbors or 

 726 other places therein, having the mokes, meshes or scales of 



such net less than two inches and three-eighths 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, for the purpose of catch- 

 ing or taking such herring, or herring fry passing a single net of legal 

 size mesh, under a penalty not exceeding two hundred dollars. 



5. Notwithstanding any of the provisions of this chapter it shall 

 be lawful for the owner of any vessel owned and registered in this 

 Colony, which shall be fully fitted out, supplied and ready to prose- 

 cute the Bank fishery, and shall have obtained a Customs' clearance 

 for the said fishery, to haul, catch and take herring at any time and 

 by any means, except by inbarring or enclosing such herring in a 

 cove, inlet or other place, to an extent not exceeding sixty barrels for 

 any one voyage, to be used as bait in prosecuting the said Bank 

 fishery in the said vessel. 



6. The owner or master of any vessel who shall avail of the pre- 

 ceding section of this chapter, and having procured herring for bait 

 as therein provided, after clearing for the Bank fishery, shall enter 

 any port before the nineteenth day of April thence next following, 

 except compelled by stress of weather, accident or in case of sickness, 

 or who shall dispose of the herring so taken for bait in any way 

 except for prosecuting the Bank fishery in said vessel, shall be sub- 

 ject to a fine not exceeding two hundred dollars. 



7. The term " Bank fishery " in this chapter shall be construed to 

 mean a fishery prosecuted at a distance of at least forty miles from 

 the coast of this Colony. 



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

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



