APPENDICES TO ORAL ARGUMENTS. 



2349 



Sect. 9. Justices to regulate 

 manner of placing nets and seines 

 in havens, rivers, creeks, and har- 

 bours of province. 



Between 1812 and October W, 



1818. 



No Statutes cited in the British 

 abstract. 



obstructing the passage of fish in 

 the rivers in this province, 1786" 



The preamble recites that the 

 course of several kinds or species 

 of fish "has been greatly ob- 

 structed or diverted" by 

 1417 "the injudicious placing 

 of seines and nets in cer- 

 tain havens, creeks and har- 

 bours " to the " manifest injury 

 of individuals and the community 

 at large." 



To remedy this interference 

 with the run of fish, presumably 

 salmon, shad, and alewives, and 

 to protect the river fisheries from 

 injury, it was provided that Jus- 

 tices should hold a Special Ses- 

 sion for " regulating the manner 

 of placing nets and seines in all 

 such havens, rivers, creeks and 

 harbours" as they shall judge 

 necessary "to prevent the afore- 

 said evil" 



There was no purpose ex- 

 pressed to protect the fish, but 

 rather a purpose to protect the 

 full enjoyment of the fisheries 

 conducted in the rivers, as shown 

 by the title and preamble to ihe 

 Act. 



Furthermore, there is no evi- 

 dence that the Justices met in 

 Special Session or ever adopted 

 any orders under this Act; but, 

 in any event, the Act expired, by 

 its terms, with the end of the 

 year 1787; and, as it did not go 

 into force until publication, it 

 may never have been operative. 



There is no evidence that the 

 Act was renewed, or any orders 

 made under it continued, and. as 

 the clause imposing penalties 

 died with the Act, the orders 

 made, if any, would have been 

 impotent. 



