2350 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



NEW BRUNSWICK. 



RBmSH ABSTRACT OF STATUTES, 

 PROCLAMATIONS, AC. 



Between 1783 and 1812. 



Br. App. 595. 1793.' 

 33 Geo. HI, c. 9. 

 By Lieut. Governor, Council 

 and Assembly. 



Sect. 1. No net or seine to be 

 placed across any river, cove or 

 creek in the Province so as to ob- 

 struct course of fish. 



Sect. 9. No net in harbour of 

 St. John more than 20 fathoms 

 long, and no net to be in water 

 in any part of Province between 

 subset on Saturday and sunrise 

 on Monday. 



CORRECTIONS, ADDITIONS, AND 

 NOTES. 



"An Act for regulating the 

 Fisheries in the different Rivers, 

 Coves and Creeks of this prov- 

 ince, 1793." 



The purpose of this Act is to 

 prevent injury to the river fisher- 

 ies resulting from obstructing 

 " the natural course of the fish 

 in any river or place where they 

 usually go" (referring presum- 

 ably to the run of salmon, shad, 

 and alewiyes in the spring), not 

 by protecting the fish but by pro- 

 tecting an equal enjoyment of the 

 liberty of fishing. 



The provision of Section 1 is 

 that no net or seine shall be set 

 across any river, cove or creek. 



The other provisions of the Act 

 manifestly relate to nets set 

 from shore, a method of fishing 

 confined to local fishermen, and 

 niever employed by fishing vessels 

 coming from the United States. 



The Sunday prohibition re- 

 lates to this shore fishery. 



The limit placed on the length 

 of the net was evidently to pre- 

 vent it from extending from the 

 shore so far as to obstruct the 

 navigable channel in the harbor. 



That the fishery was one con- 

 ducted from shore is shown by 

 the New Brunswick Act of 1794, 

 34 Geo. Ill, cap. 3 (Br. App., 

 596), to "explain and amend" 

 the Act of 1793. In the Act of 

 1794 it is provided that only one 

 length of nets " shall be set in the 

 same line running into the 

 1418 water in the Saint John 

 river or in the harbor of 

 Saint John, and if any person 

 shall set any length of net run 

 ning into the water " etc. he shall 

 be punished. 



