National Republican., 1878-11-08
THE FISHERY CONTROVERSY.

Provisions Of the Newfoundland Statutes.
Tho provisions Of the Consolidated Statutes
Of Newfoundland passed in 1872, referred to
by Captain Sullivan in his report TO Lord
Salisbury In regard to the attack upon our
fishermen at Fortune Bay in January last, arc
found under Title XVII. (of the Fishories),
Chapter 102 (of the Coast Fisheries). The
sections Of that chapter which bear upon the
matters now in controversy are the 1st Cd,
Sd, Ith, 18th, 18TH and 18th, the exact text of
which sections Is as follows. The provisions
as to fishing on Sunday arc In later statue:
/. No person shall haul, catch, or take herrings
by OF In seine or other such contriyances, on or
near any part OF the coast Of this COLONY or OF Its
dependencies, or In any Of the bays harbOrs, or
other places therein at any time between the 10Th
day OF October and the 18th day OF hpril IN any
year, or at any time use n seine or other contriy-
ance for the catching and taking of herrings, eK-
ccpt by way Of shooting and hauling the same; ;
Pr0rifcd. That nothing herein contained shall pre-.
vent the taking Of herrngs by nets set in the usual
or inclosing herrnes in cove inlet, or other place
q No person shall, ntany time between the 10Th
day Of December and the lst day Of April In any
year, use any net 10 haul catch. or take herrns on
or near the coasts Of this colony Of Its dependen
Gies or In any bays harbors, or other places there
H. having the mokes meshcs, or scales Of such net
less than two inches and three eighlhs OF an Inch
ut least or hRvingany false rdouble bottom Of any
description nor shall any pers9n put any met net,
net not Of such size mcsh, for the purpose Of
catching or taking such herring or herring fry
passing single net OF legal size mesh
3. No person shall wilfully remove destroy, or
injurc any lawful net or seine, the property OF
another set or floating on or near the coast OF this
colony or It's dependencies, or any OF the bays,
hnrbors, or other places therein, or remove, let
loose, or take any fish from such seine or net. e,
4. No person shall between the 10th day OF April
and the 2Oth day of October In any year, haul,
catch, or take herfings other bait for exporta'
tinn within one mile, measured by the shore or
across the water, OF any settlement situate between
CAPE Chapcau Rouge and FOlnt Enrngee, near
Cape Ray and anv person 50 hauling, catching,
or taking within the said limits may be examined
on oath by Justice, officer OF customs, or person
commissioned for the purpose as TO whether the
hcrrngs or other bait inlended for expectation
oT otherwise, and On refusal 10 answer, or answer
Ing untruly, such person shall, on conviction, be
subject to the provisions OF the twelfth section oi
| this chapter.
Il. Any person who shall violate any Of the pro-
visions OF this chapter shalt be subject to penalty
not exceeding SO and oil scines, nets, and othei
contrvnncCs used contrary to the PROVISIONS Cl
| this chapter shall be forfeited and may be seized
and detained until the Trial Of the offender by any
Justice, subCDllC"tnr Of customs, preventive OnCer
fishery warden, constable, nu view, or by virtue
'fa warrant issued by such jus Ice sub.C1ntraytor
/ nr preventive officer, upon complaint made on
cath, to be Administered by either Of them, and
upon COEyi iCtiDn uf the sane, may DO declared for
eitCd. Hui ordered to hg old ut pubI.C auction,
chapter, and The proceeds thereof shall be paid &
| the party informing against and prosecuting the
offender 10 conviction.
II. Nothing IN t.s chapter shall affect the rights
and privilege, granted hy ts,lty ~ the subjects VI
any State Vr power In amly with Her Majesty.