215 



4. " Commissioner " shall mean the Commissioner of Crown Commis- 



Lands. sioner." 



5. "Fishery Lease" shall be held to include and mean "Fishery 

 a lease or instrument conferring for a term therein men- ' 

 tioned upon the lessee therein named the right to take and 



keep, for the purposes of fishing, under and subject to the pro- 

 visions of this Act and of all regulations made thereunder, the 

 exclusive possession of any Crown Lands therein described, 

 with the exclusive right to fish in any waters flowing over or 

 covering the same at such time and in such manner and with 

 such restrictions and subject to such regulations as may be per- 

 mitted, regulated or prescribed by any lawful authority in that 

 behalf. 



6. "Fishing License," shall be held to mean and include "Fishing 

 a license granting for the time therein mentioned to the License. ' 

 licensee therein named, upon payment of the license fee 

 therein stipulated, a right to fish in any waters flowing over 



or covering ungranted Crown Lands therein described, 

 at such time, in such manner and with such restrictions and 

 subject to such regulations as may be permitted, regulated 

 or prescribed by any lawful authority in that behalf, but no 

 fishing license shall be deemed to be, or be construed to operate 

 as or in the nature of a lease or demise. 48 V. c. 9, s. 3. 



4. Subject to the other provisions of this Act, every issue of leases 

 fishery lease and every fishing license shall be granted and and llcenses - 

 issued by the Commissioner but subject always to such con- 

 ditions, regulations and restrictions as may from time to 



time be made, ordered or established in that behalf by the 

 Lieutenant-Governor in Council, and published in the Ontario 

 Gazette : Provided, however, that no lease or license shall Proviso, 

 be granted or issued in respect of or as including any lands or 

 waters where an exclusive right of fishing already exists by law 

 48 V. c. 9, s. 4. 



5. A fishery lease shall not be granted for a longer period than Leases to be 

 five years from the date thereof, and shall only be made to the 

 highest bidder of an annual rental therefor after the same shall 



have been put up to public competition, of which at least one 

 month's notice shall be given in the Ontario Gazette, and in 

 such other way as to the Commissioner may seem the most 

 advantageous ; provided always that the price offered be at p rovis0t 

 L-ast equal to the upset price fixed by the Commissioner, and 

 that if not sold, the Commissioner may afterwards, by private 

 sale, dispose of the said lease at the upset price, or for a 

 greater sum; and the signature of the Commissioner to the 

 lease shall be evidence in all Courts of a compliance with the 

 provisions of this section. 48 V. c. 9, s. 5. 



6. The rental shall be paid in advance, and a lessee who Forfeiture for 

 fails to pay the rental at the date fixed by his fishery lease shall non-payment. 



