An Act to amend and consolidate the Laws relating to the Exportation and Sale of Bait Fishes. BE it enacted by the Governor, Legislative Council and Assembly, in Legislative Session Enacting clause. convened, as follows: 1. No person shall (1.) Export, or cause or procure to be exported, or assist in the exportation of; or (2.) Haul, catch, take, or have in his possession, for the purpose of exportation; or (3.) Purchase or receive in trade or barter, for the purpose of exportation; or (4). Take, ship, or put, or haul on board, or assist in taking, shipping, putting, or hauling on board of any ship or vessel for any purpose whatever; or (5.) Carry or convey on board of any ship or vessel for any purpose whatever any herring, caplin, squid, or other bait fishes from, on, or near any parts of this Colony or its dependencies, or from or in any of the bays, harbours, or other places therein, without a licence in writing, to be granted and issued as hereinafter provided. 2. Licences may be granted for any of the following purposes, viz. : (a.) To export bait fishes to a foreign country for bait purposes. (b.) To export bait fishes to a foreign country for food or consumption. (c.) To export bait fishes for use for bait purposes in prosecuting deep sea fisheries. (d.) To haul, catch, or take bait fishes for exportation. (e.) To purchase bait fishes for exportation for food or consumption. (f) To take, ship, or put on board a ship or vessel, or to carry or convey on board a ship or vessel, bait fishes for exportation for food or consumption. (g.) To purchase bait fishes for exportation for bait purposes. (h.) To take, ship, or put on board a ship or vessel, or to carry or convey on board a ship or vessel, bait fishes for exportation for bait purposes. (i.) To take, ship, or put on board a ship or vessel, or to carry or convey on board a ship or vessel, coastwise, to be discharged or landed or transhipped to some other ship or vessel within some port in this Colony. Persons shall not export, haul, catch, take, purchase, or have in possession any bait fishes for the purpose of exportation. Licences may be granted for certain purposes. 3. No such licences shall be issued except under the authority of the Governor in Council Licences issued and countersigned by the Colonial Secretary. under certain authority. 4. The Governor in Council may, from time to time, by Proclamation, suspend or limit the Power of Governor operation of this Act, and the issue of licences thereunder, in relation to any district or part of ia Council to this Colony, or the coasts thereof, and for such period, and in relation to sale or exportation to suspend or limit such places or for such purposes and in such quantities as shall appear expedient, and as shall be operation of Act. declared and defined in the Proclamation. 5. No licence under this Act shall be granted to any person unless he shall have first made Conditions under an affidavit before a Sub-collector or Preventive Officer of Customs, or a Stipendiary Magistrate, whieh licences setting forth the following particulars-viz., the name of the person to whom the licence is to be granted. To whom applications for licences shall be made. Licensee shall give bond to ReceiverGeneral. Form of licence, Power given to convicting Magistrate to confiscate, &c. Penalty for violation of Act. Onus probandi upon accused party. Power to appoint Power to board and vessels conferred upon certain persons. granted, the name of the vessel on board of which it is intended to convey or export bait fishes, the purpose for which such bait fishes are intended to be conveyed or exported, whether for food or consumption, or for bait purposes, the country to which it is intended to export the same, or the place where the fishery is to be prosecuted for which such bait fishes are to be used. 6. Applications for licences under this Act shall be made to a Stipendiary Magistrate or a Customs officer, who shall require the applicant in each case to make before him an affidavit stating the facts and particulars, as required under section 5 to be set forth in the licence; and it shall be the duty of the said Stipendiary Magistrate or Customs officer to report to the Governor in Council any refusal on the part of the applicant to make such affidavit, or any bond fide doubt on the part of such Stipendiary Magistrate or Customs officer of the truth of any of the statements set forth in such affidavit, or of a belief on his part that such licence is applied for for the purpose of evading or defeating, or assisting in evading or defeating, the provisions of this Act. In such case it shall be the duty of such Stipendiary Magistrate or other officer to withhold such licence and await further instructions. 7. In every case in which a licence is granted under this Act, the person to whom the same is granted shall also give bond to the Receiver-General of this Colony, with two sufficient securities in the sum of not less than 1,000 dollars or more than 2,000 dollars each, containing the condition that the terms of the licence shall in all respects be complied with; and in the case of a licence to export to a foreign country, that satisfactory proof of the landing of the cargo in such foreign country will be furnished within a stated period, and the forfeiture of the penal sum under such bond shall be in addition to any other penalty, forfeiture, or punishment which may be imposed for the same offence under this Act. 8. The forms of the licences, affidavits, and bonds above provided shall be prescribed by the Governor in Council. 9. Any person who shall violate any of the provisions of section 1 of this Act, or any of the sub-sections thereof; or (1.) Use, dispose of, or deal with any bait fishes, otherwise than in accordance with the terms of the affidavit made upon application for a licence, or with the terms of such licence; or (2.) Make any untrue statement in any affidavit upon application for a licence under this Act; or (3.) Obtain a licence under this Act by means of any false statement or misrepresentation, or by the suppression or concealment of any material factshall be liable for every first offence to a penalty not exceeding 1,000 dollars, or imprisonment for a period not exceeding twelve months. (4.) Any person convicted of a second or subsequent offence under this Act shall, on conviction, be subject to imprisonment, with hard labour, for a period of not less than twelve months. 10. In addition to the punishment prescribed by the foregoing section, the convicting Magistrate may order the confiscation and sales of the herring, caplin, squid, or other bait fishes which have been sold, purchased, hauled, taken, conveyed, or exported in violation of the provisions of this Act, or the terms of any licence thereunder, or of the boat or vessel on board of which such bait fishes shall be found to have been unlawfully shipped, conveyed, or exported, and the forfeiture of any licence held by the offender. 11. Any person who shall sell any herring, caplin, squid, or other bait fishes, for the purpose of shipping or putting on board of any ship or vessel, or for the purpose of exportation to any person not holding or producing a licence under this Act, shall be liable to a fine not exceeding 500 dollars, or to imprisonment not exceeding three months. 12. In any prosecution under the next preceding section, the onus of proof that the bait fishes were not intended for shipment or for exportation shall rest upon the party accused: Provided there be proof of a sale under such circumstances as shall be consistent with a reasonable presumption that shipment or exportation was intended. 13. The Governor in Council may from time to time appoint Special Commissioners for the purpose of enforcing the provisions of this Act. 14. Any such Commissioner, or any Justice of the Peace, sub-collector, preventive officer. fishery warden, or constable may board and examine and search any boat or vessel suspected of having on board, or of conveying or exporting, bait fishes contrary to the provisions of this Act or of any licence granted thereunder; and in case any such Commissioner, Justice of the Peace, sub-collector, preventive officer, fishery warden, constable, or the crew of any vessel employed by the Government, shall make a signal by hoisting the international signal "B. M. I.," meaning "Heave to; I will send a boat," and firing a gun, or by dipping at the main peak three times the flag with the badge of the Colony, as prescribed by the Colonial Regulations, it shall be the duty of the owner, master, or person managing or controlling such vessel to heave to until such Commissioner, Justice, sub-collector, fishery warden, or constable shall have boarded and examined such last-named vessel; and in case of such owner, master, or person managing or controlling such last-named vessel omitting to heave her to, or obstructing or omitting to afford facilities for such Commissioner, Justice, sub-collector, preventive officer, fishery warden, or constable in boarding and examining such vessel, he shall be subject to a penalty not exceeding 500 dollars, or to imprisonment for a term not exceeding three months. The master of any vessel who shall refuse or unreasonably delay in obeying such signal may be arrested and brought before a Stipendiary Magistrate, and his vessel may be seized and held by any such Commissioner, Justice, sub-collector, preventive officer, fishery warden, or constable, until an adjudication shall have taken place upon a complaint under this section. 15. Any person found hauling, catching, taking, purchasing, selling, shipping, or conveying any bait fishes, or any person having any such fishes in his possession, or the master, owner, or crew of any boat or vessel on board of which any bait fishes may be found, may be examined on oath by a Justice of the Peace, sub-collector, or preventive officer, fishery warden, or Commissioner appointed under this Act, as to the quantity and kind of bait fishes in his possession or on board of such boat or vessel, the purpose for which such bait fishes are intended to be used, or as to the place to which the same are intended to be conveyed or exported; and upon his refusing to answer, or answering untruly, or failing to produce a licence under this Act, or, having such licence, being found to have violated or failed to comply with the provisions thereof, such Justice, sub-collector, preventive officer, fishery warden, or Commissioner may seize the boat or vessel on board of which such bait fishes shall have been hauled or caught, or put, kept, shipped, carried, conveyed, or exported, or on board of which the same may have been found, her tackle, apparel, furniture, and outfit, and the said bait fishes so found as aforesaid, and may hold the same until an adjudication shall have been had upon a complaint in relation to such alleged offence. Certain persons may be examined on oath by a J.P. and other officials of the Government. given to officials. 16. In any such case as mentioned in the next preceding section, any officer therein Additional powers. authorized to seize any boat or vessel, and any constable or Peace officer then present, shall have power, by direction of any such officer authorized as aforesaid, and without any warrant or complaint upon oath, to arrest any person found committing or omitting to do any of the acts for or on account of which such boat or vessel may be seized, and to detain him in custody until an adjudication shall have taken place as before provided. 17. In any prosecution under this Act, the fact of shipping, putting, or having bait fishes on What shall be board of any boat or vessel shall be prima facie evidence of the same having been so shipped, evidence. put, had, or conveyed for the purpose of exportation, and the refusal or failure to produce a licence upon being called upon so to do shall be prima facie evidence of such bait fishes having been shipped, put, conveyed, or exported without a licence; and any exportation or intended exportation of bait fishes shall, in the absence of proof to the contrary, be held to be an exportation or intention to export for bait purposes. 18. All offenders against the provisions of this Act may be prosecuted and convicted, and all Offenders may be prosecuted fines, forfeitures, penalties, orders for confiscation, and other punishments imposed, recovered, summarily before a and made in a summary manner before a Stipendiary Magistrate. In the event of the prosecution Stipendiary of an offender who would not be liable to or ordered to pay a fine, then the reasonable expenses Magistrate. of the prosecutor, including a fair amount for his time and labour expended in and about such prosecution, shall, on the certificate of the Magistrate who heard the case, be paid to the prosecutor by the Receiver-General. 19. If any person convicted under this Act shall feel himself aggrieved by such conviction, Power of appeal. he may appeal therefrom to the then next sitting of Her Majesty's Supreme Court holden in or nearest to the place where such conviction shall have been had: 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 confiscated, and to pay such costs as the Court shall award. Any person who shall be convicted and imprisoned by any such Magistrate for an offence against this Act, and who shall have given such notice of appeal, and shall have entered into such recognizance with approved sureties, may be discharged from prison, in which case the recognizance shall be further conditioned for the surrender of the convicted party, on the first day of such next sitting of the Supreme Court, to the Sheriff of the district in which such appeal may be heard. 20. No proceeding or conviction by or order of any Justice 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. 21. 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. Want of form in proceeding not ground for setting aside judgment. Interpretation clause. Treaty rights preserved. 22. Nothing in this Act shall affect the rights and privileges granted by Treaty to the subjects of any State in amity with Her Majesty. 23. For the purposes of this Act, all Stipendiary Magistrates shall be deemed to be Power of Stipendiary Magistrates for the Colony, and may exercise the jurisdiction given by this Act in Stipendiary part of the Colony. All officers engaged in carrying out this Act, and the masters and crews of Magistrates. all vessels engaged in the said service, may severally be sworn as special constables, and shall, while engaged in carrying out this Act, have all the powers, authority, and protection of police constables. any 24. The Act passed in the Fiftieth year of the Reign of Her present Majesty, Chapter One, Repealing clause entitled, "An Act to regulate the Exportation and Sale of Herring, Caplin, Squid, and other Bait Fishes," and the Act passed in the Fifty-first year of the said Reign, Chapter Nine, entitled 'An Act to amend an Act passed in the Fiftieth year of the Reign of Her present Majesty, entitled 'An Act to regulate the Exportation and Sale of Herring, Caplin, Squid, and other Bait Fishes,"" are hereby repealed: Provided that this repeal shall not be held to affect any penalty, forfeiture, Proviso. Time at which Act shall come into force. or liability incurred under the said Act, or any proceedings for enforcing the same, had, done, completed, or pending at the time of this repeal, or any office, appointment, or authority or duty created, conferred, or imposed, or any right or privilege acquired or existing, or any licence granted under the authority of the said Acts; and provided further, that every person holding a licence under either of the said Acts shall, as soon as practicable after the passing of this Act, surrender the same to the nearest Magistrate or Customs officer authorized to issue licences under this Act, who shall thereupon grant in lieu thereof a licence under the provisions of this Act for such purpose as the same shall be required; and any licence issued under the authority of said Acts, not so surrendered as soon as practicable, or within a reasonable period, shall be held to have been terminated and to be of no further effect. 25. This Act shall come into force at such date as shall be appointed by the Governor by his Proclamation. Enacting clause. Governor in Council may issue licences to foreign vessels for certain purposes. Powers of Justices of the Peace and others. Officers may seize and examine vessels and cargo in certain cases. Forfeiture. Seizure of vessel, and penalty for obstructing officer. Evidence of breach of this Act. Mode of prosecution. Respecting appeal. APPENDIX No. 5. Newfoundland Foreign Fishing Vessels Act, 1893. An Act respecting Foreign Fishing-vessels. [Passed May 24, 1893.] BE it enacted by the Governor, the Legislative Council and House of Assembly, in Legislative Session convened, as follows: 1. The Governor in Council may authorize the issuing of licences to foreign fishing-vessels, enabling them to enter any port on the coasts of this island for the following purposes: The purchase of bait, ice, seines, lines, and all other supplies and outfits for the fishery, and for the shipping of crews. 2. Any Justice of the Peace, sub-collector, preventive officer, fishery warden, or constable may go on board any foreign fishing-vessel 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 stay on board such vessel so long as she remains within such port or distance. 3. Any one of the officers or persons hereinbefore mentioned may bring any foreign fishingvessel, 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 of this island, 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, under a penalty not exceeding 500 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, purchased 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 master of the said vessel shall have engaged or attempted to engage any person to form part of the crew of the said vessel in any port, or on any part of the coasts of this island, without a licence therefor in writing first granted to any such vessel under the provisions of this Act, or has entered such waters for any purpose not permitted by Treaty, Convention, or Act of the Legislature for the time being in force, such vessel and the tackle, rigging, apparel, furniture, stores and cargo thereof shall be forfeited. 4. 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 officer or person mentioned in the second section of this Act, and every person opposing any 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 misdemeanour and liable to a fine of 500 dollars. 5. In any prosecution under this Act, the presence on board of 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, lines, seines, or other outfits or supplies for the fishery shall be prima facie evidence of the purchase of the said bait fishes and outfits within such port or waters, and the refusal or failure to produce a licence upon being called upon so to do shall be prima facie evidence of the purchase of bait, ice, lines, seines, or other supplies or outfits for the fishery without a licence. 6. All offenders against the provisions of this Act may be prosecuted and convicted, and all fines, forfeitures, penalties, and other punishments imposed, recovered, and made, in a summary manner, before a Stipendiary Magistrate. 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. 7. If any person convicted under this Act shall feel himself aggrieved by such conviction, he may appeal therefrom to the then next sitting of Her Majesty's Supreme Court, holden in or nearest the place where such conviction shall have been had, or in St. John's: Provided that 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 Magistrates 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 confiscated, and to pay such costs as the Court may award. 8. 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. 9. Nothing in this Act shall affect the rights and privileges granted by Treaty to the subjects of any State in amity with Her Majesty. No proceeding to be quashed for Exception in favour of rights by Treaty. Respecting entry want of form. 10. Any foreign fishing-vessel may enter any port of entry of this island for the purpose of applying for a licence under the provisions of this Act. Applications for licences under and applications this Act shall be made to a Customs officer at a port of entry in this Colony, who is hereby authorized to issue the same. The fee for such licence shall be 1 dol. 50 c. per registered ton, to be paid to the Customs officer issuing said licence. The form of such licences and the terms and conditions under which the same shall be granted shall be determined by the Governor in Council 11. In this Act the word "vessel" shall include any boat or ship registered or not registered, Interpretation. jack, skiff, punt, or launch, whether propelled by sails, oars, or steam. Convention between Great Britain and the United States of America for the Improvement of Commercial THE Governments of Great Britain and the United States, desiring to improve the commercial relations between the United States and His Britannic Majesty's Colony of Newfoundland, have appointed as their respective Plenipotentiaries, and given them full powers to treat of and conclude such Convention, that is to say : His Britannic Majesty, on his part, has appointed the Right Honourable Sir Michael Herbert, K.C.M.G., C.B., His Britannic Majesty's Ambassador Extraordinary and Plenipotentiary at Washington; and the President of the United States has appointed, on the part of the United States, John Hay, Secretary of State: And the said Plenipotentiaries, after having exchanged their full powers, which were found to be in due and proper form, have agreed to and concluded the following Articles : ARTICLE I. United States' fishing-vessels entering the waters of Newfoundland shall have the privilege of purchasing herring, caplin, squid, and other bait fishes at all times, on the same terms and conditions, and subject to the same penalties as Newfoundland vessels. They shall also have the privilege of touching and trading, buying and selling fish and oil, and procuring supplies in Newfoundland, conforming to the Harbour Regulations, but without other charge than the payment of such light, harbour, and customs dues as are, or may be, levied on Newfoundland fishing-vessels. ARTICLE II. Codfish, cod oil, seal oil, whale oil, unmanufactured whalebone, seal-skins, herrings, salmon, trout and salmon-trout, lobsters, cod roes, tongues, and sounds, being the produce of the fisheries carried on by the fishermen of Newfoundland, and ores of metals, the product of Newfoundland mines, and slates from the quarry untrimmed, shall be admitted into the United States free of duty. Also all packages in which the said fish and oils may be exported shall be admitted free of duty. It is understood, however, that unsalted or fresh codfish are not included in the provisions of this Article. ARTICLE III. The Officer of Customs at the Newfoundland port where the vessel clears shall give to the master of the vessel a sworn certificate that the fish shipped were the produce of the fisheries carried on by the fishermen of Newfoundland, which certificate shall be countersigned by the Consul or Consular Agent of the United States. |