STATUTES ' 469 



master of the said vessel shall have engaged, or attempted to engage, any person to 

 (orm part of the crew of the said vessel in any port or on any part of the coasts of this 

 Island, or has entered such waters for any purpose not permitted by treaty or con- 

 vention for the time being in force, such vessel and the tackle, rigging, apparel, furni- 

 ture, stores and cargo thereof shall be forfeited. 



2. All goods and vessels, and the tackle, rigging, apparel, furniture, stores and 

 cargo thereof, liable to forfeiture under this Act, may be seized and secured by any 

 oiEcer or person mentioned in the first section hereof, and every person opposing any 

 such officer or person in the execution of his duty under this Act, or aiding or abetting 

 any other person in such opposition, shall be deemed guilty of a misdemeanor and 

 liable to a fine- of five hundred dollars. 



3. In any prosecution under this Act, the presence on board any foreign fishing 

 vessel in any port of this Island, or within British waters aforesaid, of any caplin, 

 squid, or other bait fishes, of ice, hnes, seines, or other outfit or supplies for the fishery, 

 shall be prima facie evidence of the purchase of the said bait fishes and supplies and 

 outfits within such port or waters. 



4. All offenders against the provisions of this Act may be prosecuted and con- 

 victed, and all fines, forfeitures, penalties, and other punishments imposed, recovered 

 and made in a summary manner before a Stipendiary Magistrate, and any vessel, 

 and the tackle, rigging, apparel, furniture, stores and cargo thereof liable to forfeiture 

 under the provisions of this Act, may be sued for, prosecuted, recovered and condemned 

 in a summary manner before a Stipendiary Magistrate in a proceeding against the 

 master or other person in charge of such vessel. For the purposes of this Act all 

 Stipendiary Magistrates shall be deemed to be Stipendiary Magistrates for the Colony, 

 and may exercise the jurisdiction given by this Act in any part of the Colony. 



5. If any person convicted under this Act shall feel himself aggrieved by such 

 conviction, he may appeal therefrom to the then next sitting of His Majesty's Supreme 

 Court, holden in or nearest the place where such conviction shall have been had, or 

 in St. John's: Provided notice of such appeal, and of the cause and matter thereof, 

 be given to the convicting Magistrate, in writing, within seven days next after such 

 conviction, and the party desiring to appeal shall also, within fourteen days after 

 such notice, give and enter into recognizance with two approved sureties before the 

 convicting Magistrate, conditioned for the appearance of the person convicted at such 

 next sitting of the Supreme Court, on the first day of such sitting, for the prosecution 

 of the appeal with effect and without delay, to abide the judgment of the Court thereon, 

 and for the delivery and surrender of any vessel or other property ordered to be con- 

 fiscated, and to pay such costs as the Court may award. 



6. No proceeding or conviction by, nor order of, any Magistrate or other officer 

 under this Act, shall be quashed or set aside for any informality; provided the same 

 shall be substantially in accordance with the intent and meaning of this Act. 



7. Nothing in this Act shall affect the rights and privileges granted by Treaty 

 to the subjects of any State in amity with His Majesty. 



8. The Governor in Council may at any time, by proclamation, suspend the 

 opjeration of this Act for such period as may be expedient and as shall be declared in 

 such proclamation. 



9. In this Act the word "vessel" shall include any boat or ship registered or not 

 registered, jack, skiff, punt or launch, whether propelled by sails, oars or steam. 



10. The Act 56 Vic, cap. 6, entitled "An Act respecting Foreign Fishing Vessels," 

 is hereby repealed. 



