1236 



APPENDIX TO BEITISH CASE. 



of this Act. Applications for licenses under this Act shall be made 

 to a Customs' Officer at a port of entry in this Colony, who is hereby 

 authorized to issue the same. The fee for such license shall be one 

 dollar and fifty cents per registered ton, to be paid to the Customs' 

 officer issuing said license. The form of such licenses and the terms 

 and conditions under which the same shall be granted, shall be deter- 

 mined by the Governor in Council. 



11. In this Act the word " vessel " shall include any boat or ship 

 registered or not registered, jack, skiff, punt or launch, whether pro- 

 pelled by sails, oars or steam. 



No. 138. 1898, March S: Newfoundland Statute, 61 Viet., Cap. 5. 

 An Act respecting the Department of Marine and Fisheries. 



[Passed 3rd March, 1898.} 



Section. 



12. Recovery of penalties; Limitation 



of action ; Joint and several lia- 

 bility ; defects in form of convic- 

 tion, &c., not fatal. 



13. Leasing, &c., of waters for pro pa.- 



gation of fish; Penalty: Excep- 

 tion ; Renewal of leases, &c., of 

 fisheries; Shell fisheries subject 

 to this Act. 



14. Assignment of new duties to de- 



partment. 



15. Exemption of Minister from dis- 



ability. 



16. Amendment. 



17. Suspension of date of enforcement ; 



Exception. 



18. Repeal. 



Section. 



1. Department constituted. 



2. Appointment of officers. 



3. Matters under the control of the 



department 



4. Powers of department 



5. Minister to report. 



6. Fisheries Board. 



7. Constitution of Board. 



8. Powers, duties and functions of 



Board. 



9. Governor in Council may make 



rules. 



10. Saving of rights of friendly States. 



11. Penal clause; Complainant may 



distrain ; Confiscation of imple- 

 ments, &c. ; Penalties divided: 

 Application of Her Majesty's 

 moiety. 



Be it enacted by the Governor, the Legislative Council and House 

 of Assembly, in Legislative Session convened, as follows : 



1. There shall be a department which shall be called "The De- 

 partment of Marine and Fisheries," over which the Minister of 

 Marine and Fisheries appointed by the Governor in Council, by Com- 

 mission under the Great Seal, shall preside; and the Minister shall 

 have the management and direction of the said department, and shall 

 hold office during pleasure. 



2. The Governor in Council may appoint an officer who shall be 

 called "The Superintendent of Fisheries," and who shall be deputy 

 head of the department of Marine and Fisheries; and the Governor 

 in Council may also appoint such other officers as are necessary for 

 the proper conduct or the business of the said department, all of 

 whom shall hold office during pleasure. 



3. The duties, powers, and functions of the department of Marine 

 and Fisheries shall extend and apply to the following subjects and 

 boards, and other public bodies, officers and other persons, and services 

 and properties of the Crown, of which the said department shall have 

 the control, regulation, management and supervision, that is to say: 



(1.) Pilots and pilotage and decayed pilot funds. 



Act now questioned by the United States: see Appendix, pp. 4-5. 



