Transfer of. 
leases. 
Lessee not 
entitled to 
compensation 
in case of 
deficiency by 
reason of 
error. 
Penalty in 
case of 
trespass. 
Proviso. 
Rights of 
passage. 
216 
— 
forfeit all rights thereunder, and the same may be thereupon 
annulled by the Commissioner of Crown Lands, and may be 
again put up to sale, but notwithstanding the annulling of 
the lease, the lessee shall be liable at the suit of Her Majesty 
for the annual rental and the expenses incurred by the lease 
being again put up to sale. 48 V.c. 9,s. 6. 
7. No lessee or licensee shall have the right to sublet, trans- 
fer or assign any right, interest or privilege granted or conferred 
upon him under the provisions of this Act, without first re- 
ceiving the written consent of the Commissioner, or some other 
person authorized to that effect. 48 V.c. 9,s. 7. 
8. If in consequence of any incorrectness of survey or other 
error or cause whatsoever, a fishery lease is found to comprise 
lands included in a fishery lease of a prior date, the fishery 
lease last granted shall be void in so far as it interferes with 
the one previously issued, and the holder or proprietor of the 
lease so rendered void shall have no claim for indemnity or 
compensation by reason of such avoidance. 48 V.c. 9,8. 8. 
9. If any person shall enter upon or pass over the land 
described in a fishery lease without permission of the lessee or 
his representative, he shall, on conviction thereof incur and 
pay a fine of not less than $1 nor more than $10, with 
costs of prosecution, for each offence, and in default of imme- 
diate payment of such fine and costs shall be imprisoned in 
the common gaol of the county, within which the offence was 
committed, for a period not exceeding one month; provided, 
however, that this section shall not apply to any person entering 
upon or passing over the lands in discharge of any duty 
imposed by law, nor, when the lands are included in a timber 
license, to the holder thereof, who shall at all times have the 
right to cut and take away all trees, timber and lumber within 
the limits of his license ; nor to prevent the owners or occupiers 
of lands bordering on any waters to a general right of passage 
to and from such waters; nor the public user of any waters, 
or the banks thereof, either for the conveyance of lumber of 
any kind, or for the free navigation thereof by vessels, boats, 
or other craft; nor to any user under license by the Crown of 
any such lands or: waters for any purpose or occupation not 
inconsistent with the provisions of this Act. 48 V.c. 9, s. 10. 
10.—(1) Every fishery lease shall be deemed and taken tohave 
been made and granted subject to a right of passage to and 
from any waters in favour of the occupants, if any, under title 
from the Crown, of the lands immediately in rear of those 
included in the fishery lease. 
(2) In the discharge of his duties every fishery overseer, and 
every person by him accompanied or authorized to such effect, 
.Inay enter upon and pass through or over private property — 
without being liable for trespass. 48 V. c. 9, s. 11. 
nd oad, ae <2 
- 
Sy thy ‘ee Ry eas 
