3. The penalty that may be imposed under the provisions of section five of the said Act shall, in respect of the breach of any regulations respecting seals, be any sum not exceeding of regulations. Penalty for breach five hundred pounds, and a further penalty of not exceeding twenty pounds for every seal illegally taken.

Possession of seals,

etc., during close seaing been taken illegally.

son to be proof of hav

4. If any person shall be found in the possession of any seal, or the unmanufactured product of any seal, during the close season, such possession shall, for the purposes of said Act and this Act, be deemed to be, in the absence of satisfactory evidence to the contrary, sufficient proof that such seal, or the seal from which such uumanufactured product has been obtained, has been illegally taken during the close season. 5. Any vessel or boat the crew of which, or any part of the crew of which, shall be engaged in illegally taking seals, and Vessels and boats any vessel or boat on board of which any seal so ille- engaged in illegally gally taken, or the skin, oil, blubber, or other product feited. of a seal so illegally taken, shall be found, shall, together with the boat, furniture, and appurtenances of such vessel or boat, be forfeited to Her Majesty, and shall be disposed of as the Commissioner may think fit.

taking seals to be for

Commander of ves

sel belonging to Her Majesty or Colonial Government and Customs officers may seize

6. The officer in command of any vessei in Her Majesty's navy, or any officer of Customs, or the master or other person in command of any vessel belonging to Her Majesty in the colony, or which may be in the employ of the Government of the colony, may, either with or without sailors, marines, or police officers, or such other per- to be forfeited. son or persons as he may think fit to employ, enter upon, take, and seize any vessel so liable to be forfeited as aforesaid, if found within the jurisdiction of the Government of the Colony of New Zealand.

vessel or boat liable

7. Every such officer, master, or person in command as aforesaid, or any officer of Customs shall, with or without sailors, Power to search marines, or police officers, or such other person or vessels. persons as he may think fit to employ, have power at any time, and from time to time, to enter upon and search any vessel within the jurisdiction of the Government of the Colony of New Zealand for any seal or the product of any seal; and any person refusing to allow such search to be made, or obstructing or impeding any such search, shall be liable, on summary conviction of such offense: For

Penalty for ob

the first offence to be imprisoned and kept to hard structing search. labour for any term not less than three nor more than six months, and for the second or any subsequent offense to any term not less than six nor more than twelve months.

CANADA.

[Chapter 95, Revised Statutes of Canada, 1886.]

AN ACT respecting Fisheries and Fishing.

WHALE, SEAL, AND PORPOISE FISHERY.

SECTION 6. Every one who hunts or kills whales, seals, or porpoises by means of rockets, explosive instruments, or shells shall be liable to a penalty not exceeding three hundred dollars, and, in default of pay ment, to imprisonment for a term not exceeding six months.

SECTION 7. Every one who, with boat or vessel, during the time of fishing for seals, knowingly or wilfully disturbs, impedes, or injures any sedentary seal-fishery, or prevents, hinders, or frightens the shoals of seals coming into such fishery, shall, for each offense, be liable to a penalty not exceeding sixty dollars, and, in default of payment, to imprisonment for a term not exceeding one month; and shall also be liable to pay such damages as are assessed by the fishery officer or justice of the peace before whom the person injured complains.

2. Disputes between occupiers of seal fisheries concerning limits and the mode of fishing or setting nets shall be decided summarily by any fishery officer or justice of the peace, by whom arbitrators may be appointed to assess damages; and any damages assessed, or which arise out of a repetition or continuance of the difficulty ordered to be remedied, may be levied under the warrant of any fishery officer or justice of the peace.

NEWFOUNDLAND.

[42 Vict., cap. 1. February 22, 1879.*]

ACT of the Government of Newfoundland, respecting the Prosecution of the Seal

Fishery.

Be it enacted by the Governor, Legislative Council and Assembly, in Legislative Session convened, as follows:

1. The act passed in the 36th year of the reign of Her present Majesty, entitled "An Act to regulate the Prosecution of the Seal Fishery," is hereby repealed.

2. No steamer shall leave port for the seal fishery before the 10th day of March in any year, under the penalty of 2,000 dollars, to be recovered from the owner or other person on whose account the steamer shall have been sent to the seal fishery.

3. No sailing vessel shall leave port for the seal fishery before the 1st day of March in any year, under the penalty of 400 dollars, to be recovered from the owner or other person on whose account such vessel shall have been sent to such fishery.

4. No seals shall be killed by the crew of any steamer or sailing-vessel before the 12th day of March in any year, under a penalty of 4 dollars for every seal so killed, to be recovered from the owner or other person as aforesaid, or from the master or crew of the said vessel, or from the parties receiving the same, respectively: Provided, In case of the owner or other person as aforesaid, that such owner or other person received such seals with notice or knowledge that the same had been killed before the 12th day of March in any year.

5. No immature seals, known as cats, shall be killed by the crew of any steamer or sailing vessel at any time, under a penalty of 4 dollars for every such seal so killed, to be recovered from the receiver of such seals, or from the master or crew of any such steamer or vessel. And it is hereby declared a young seal pelt of less weight than 28 pounds shall be considered an immature or cat seal: Provided, That no party or parties referred to in this section shall be liable to the penalties or

*Amended by act, 46 Vict., cap. 1, March 3, 1883.

fines herein stated unless it be proven that over 5 per cent in number of seals taken on board or landed from such vessel are of less weight, each, than 28 pounds aforesaid. The fines and penalties mentioned in this section to apply to the excess over such 5 per cent.

6. No action shall be brought by any person to recover any penalty provided by this Act after 12 months from the time such penalty shall have been incurred.

7. No officer of Her Majesty's Customs in this Colony shall clear any steamer for a sealing voyage before the 9th day of March, or any sailingvessel for a sealing voyage before the last day of February: Provided, That in the event of either of these days falling on Sunday, such ves sels may be cleared on the preceding Saturday.

8. All penalties incurred under the provisions of this Act shall be sued for and recovered in a summary manner before a Stipendiary Magistrate by any person who may sue for the same; one-half of such penalty shall go to the party who shall sue for and prosecute the same, and the remainder to the Receiver-General for the use of public hospitals.

9. If any person shall feel himself aggrieved by any judgment of a stipendiary magistrate under this Act, he shall have liberty to appeal therefrom to the then next sitting of Her Majesty's Supreme Court at St. John's: Provided, That notice of the same be given to the magistrate within 24 hours after such judgment shall have been delivered and within five days thereafter recognizances or other security, with or without sureties, at the option of such Magistrate, shall be entered into to prosecute the same without delay, and pay such amount as may be awarded, with costs.

ACT of the Government of Newfoundland, to amend an Act passed in the 42nd year of the reign of Her present Majesty, entitled "An Act respecting the Prosecution of the Seal Fishery."*

[46 Vict., c. 1. March 3, 1883.]

Be it enacted by the Administrator of the Government, Legislative Council and Assembly, in Legislative Session convened, as follows:

1. The 2nd and 3rd sections of the Act passed in the 42nd year of the Reign of Her present Majesty, entitled "An Act respecting the Prosecution of the Seal Fishery," are hereby repealed.

2. No steamer shall leave port for the seal fishery before the hour of 6 o'clock in the forenoon on the 10th day of March in any year, under the penalty of 2,000 dollars, to be recovered from the owner or other person on whose account such steamer shall have been sent to such fishery: Provided, That in the event of the said 10th day of March falling on Sunday, any steamer may leave port for such fishery at any time. after 6 o'clock in the forenoon of the previous day.

3. No sailing vessel shall leave port for the seal fishery before the hour of 6 o'clock in the forenoon on the 1st day of March in any year, under the penalty of 400 dollars, to be recovered from the owner or other person on whose account such vessel shall have been sent to such fishery: Provided, That in the event of the said 1st day of March falling on Sunday, any sailing vessel may leave port for such fishery at any time after 6 o'clock in the forenoon of the previous day.

* Vol. LXX., p. 556.

Act of the Government of Newfoundland to Regulate the Prosecution of the Seal Fishery.

[55 Viet. April, 1892.]

Be it enacted by the Governor, the Legislative Council, and House of Assembly in Legislative Session conrened, as follows:

(1) No steamer shall leave any port of Newfoundland or its Dependencies for the prosecution of the Seal Fishery before the hour of six o'clock in the forenoon of the twelfth day of March in any year under a penalty of five thousand dollars, to be recovered from the master, owners, or other person on whose account such steamer shall have been sent to such fishery; provided, that in the event of the twelfth day of March falling on Sunday, any steamer may leave port for such fishery at any time after four o'clock in the afternoon of the previous day.

(2) No seals shall be killed by any crew of any steamer or by any member thereof before the fourteenth day of March or after the twentieth day of April in any year, nor shall seals so killed be brought into any port of this colony or its dependencies, as aforesaid, in any year under penalty of four thousand dollars, to be recovered from the master, owner, or other person on whose account such steamer shall have been sent to such fishery.

(3) No steamer shall proceed to the seal fishery from any part of this colony or its dependencies on a second or subsequent trip in any year under a penalty of four thousand dollars, to be recovered from the master, owner, or other person on whose account such steamer shall have been sent to such fishery; provided, that if it be shown to the satisfaction of the collector, subcollector, or other customs officer of the port from which such steamer sails that she has been forced by any accident to return to port during the first trip she shall not be deemed to have gone upon a second subsequent trip if she leaves port before the twenty fifth day of March in any year.

(4) For the purposes of this Act steamers which have been on a first trip shall be deemed to be on a second or subsequent trip if they shall engage at any time during the same year in killing seals at any place within the jurisdiction of the Supreme Court of Newfoundland after returning from such first trip. And the master and owners shall be liable to the same penalties as provided in the third section of this Act. Any complaint or information under this section shall be made within three months next after the return of the said steamer to a port of this Island.

(5) Sealing masters violating any of the preceding sections of this act shall be incompetent for two years after commission of any offense thereunder to be employed to command steamers at the seal fishery or to be cleared at the custom-house as master of such steamers.

(6) No officer of Her Majesty's customs in this colony shall clear any steamer for a sealing voyage before the eleventh day of March in any year, provided that in the event of the said eleventh day of March falling on a Sunday such steamers may be cleared on the preceding Saturday.

(7) No action shall be taken for the penalties provided by the fourth section after twelve months from the time such penalty shall have been incurred.