468 APPENDIX 



nor in any such parts of His Majesty's dominions in America, under or in pursuance 

 of any such order in council as aforesaid. 



IV. And be it further enacted, That if any person or persons, upon requisition 

 made by the governor of Newfoundland, or the person exercising the office of gov- 

 ernor, or by any governor or person exercising the office of governor, in any other parts 

 of His Majesty's dominions in America as aforesaid, or by any officer or officers acting 

 under such governor or person exercising the office of governor, in the execution of 

 any orders or instructions from His Majesty in council, shall refuse to depart from such 

 bays or harbours; or if any person or persons shall refuse or neglect to conform to any 

 regulations or directions which shall be made or given for the execution of any of 

 the purposes of this Act; every such person so refusing or otherwise offending against 

 this Act shall forfeit the sum of Two hundred Pounds, to be recovered in the Superior 

 Court of Judicature of the Island of Newfoundland, or in the Superior Court of Judi- 

 cature of the colony or settlement within or near to which such offense shall be com- 

 mitted, or by bill, plaint or information in any of His Majesty's Courts of Record at 

 Westminster; one moiety of such penalty to belong to His Majesty, his heirs and suc- 

 cessors, and the other moiety to such person or persons as shall sue or prosecute for 

 the same: Provided always, that any such suit or prosecution, if the same be com- 

 mitted in Newfoundland, or in any other colony or settlement, shall be commenced 

 within three calendar months; and, if commenced in any of His Majesty's courts at 

 Westminster, within twelve calendar months from the time of the commission of such 

 offense. 



NEWFOUNDLAND STATUTE OF 5 EDWARD VII, CAP. 4, JUNE IS, 19051 



An Act Respecting Foreign Fishing Vessels 



[Passed June 15TH, 1905] 



Section Section 



1. Justices and others may board and 5. Appeal. 



bring into port foreign fishing 6. No proceeding to be quashed for want 



vessels; in certain cases such vessels of form. 



shall be forfeited. 7. Saving Treaty rights. 



2. Vessels may be secured by officer; 8. Power to suspend Act. 



penalty for interference. 9. Interpretation. 



3. Evidence of violation of Act. 10. Repealing section. 



4. Offenders may be prosecuted before a 



Stipendiary Magistrate. 



Be it enacted by the GovBmor, 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 rmder 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, pur- 

 chased ■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 

 'Appendix, British Case, p. 757; Appendix, U. S. Case, p. 197. 



