STATUTES, PBOCLAMATIONS, RULES, OEDEES, ETC. 1285 



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

 of Assembly, in Legislative Session convened, as follows: 



1. Any Justice of the Peace, Sub-Collector, Preventive Officer, 

 Fishery Warden or Constable, may go on board any foreign fishing 

 vessel being within any port on the coasts of this Island, or hovering 

 in British waters within three marine miles of any of the coasts, bays, 

 creeks or harbours in this Island, and may bring such foreign fishing 

 vessel into port, may search her cargo and may examine the master 

 upon oath touching the cargo and voyage; and the master or person 

 in command shall answer truly such questions as shall be put to him 

 under a penalty not exceeding five hundred dollars. And if such 

 foreign fishing vessel has on board any herring, caplin, squid, or 

 other bait fishes, ice, lines, seines, or other outfits or supplies for the 

 fishery, purchased within any port on the coasts of this Island or 

 within the distance of three marine miles from any of the coasts, 

 bays, creeks, or harbours of this Island, or if the master of the said 

 vessel shall have engaged, or attempted to engage, any person to form 

 part of the crew of the said vessel in any port or on any part of the 

 coasts of this Island, or has entered such waters for any purpose not 

 permitted by treaty or convention for the time being in force, such 

 vessel and the tackle, rigging, apparel, furniture, stores and cargo 

 thereof shall be forfeited. 



2. All goods and vessels, and the tackle, rigging, apparel, furniture, 

 stores and cargo thereof, liable to forfeiture under this Act, may be 

 seized and secured by any officer or person mentioned in the first 

 section hereof, and every person opposing any such officer or person 

 in the execution of his duty under this Act, or aiding or abetting any 

 other person in such opposition, shall be deemed guilty of a misde- 

 meanour and liable to a fine of five hundred dollars. 



3. In any prosecution under this Act, the presence on board any 

 foreign fishing vessel in any port of this Island, or within British 

 waters aforesaid, of any caplin. squid, or other bait fishes, of ice, 

 lines, seines, or other outfit or supplies for the fishery, shall be prima 

 facie evidence of the purchase of the said bait fishes and supplies 

 and outfits within such port or waters. 



4. All offenders against the provisions of this Act may be prosecuted 

 and convicted, and all fines, forfeitures, penalties, and other punish- 

 ments imposed, recovered and made in a summary manner before a 

 Stipendiary Magistrate, and any vessel, and the tackle, rigging, ap- 

 parel, furniture, stores and cargo thereof liable to forfeiture under 

 the provisions of this Act, may be sued for, prosecuted, recovered and 

 condemned in a summary manner before a Stipendiary Magistrate in 

 a proceeding against the master or other person in charge of such 

 vessel. For the purposes of this Act all Stipendiary Magistrates 

 shall be deemed to be Stipendiary Magistrates for the Colony, and 

 may exercise the jurisdiction given by this Act in any part of the 

 Colony. 



5. If any person convicted under this Act shall feel himself ag- 

 grieved by such conviction, he may appeal therefrom to the then next 

 sitting of His Majesty's Supreme Court, holden in or nearest the 

 place where such conviction shall have been had, or in St. John's: 

 Provided notice of such appeal, and of the cause and matter thereof, 

 be given to the convicting Magistrate, in writing, within seven days 

 next after such conviction, and the party desiring to appeal shall also, 



92909 S. Doc. 870, 61-3, vol 5 29 



