CHAPTER 46. An Act, to encourage the development of the Sea SHORT TITLE. 1. This Act may be cited as the Deep Sea Fisheries Act. SUBSIDY. Short title. 2. The Governor in Council may authorize the payment, Grant for out of the Consolidated Revenue Fund of Canada, of an sea fisheries and building annual grant not exceeding one hundred and sixty thousand of fishing dollars, to aid in the development of the sea fisheries of Canada, vessels. and the encouragement of the building and fitting out of improved fishing vessels, and the improvement of the condition of the fishermen. 54-55 V., c. 42, s. 1. 3. Such grant shall be appropriated for the said purposes How to be at such times and by such instalments in each year, as the appropriated. Governor in Council directs. R.S., c. 96, s. 2. liament and 4. A statement shall annually be laid before both Houses Yearly stateof Parliament within the first twenty days of the session, of ment to Parthe mode in which the said grant has been expended, together what it shall with copies of all orders in council relating to such grant and expenditure. R.S., c. 96, s. 4. OFFICERS. show. justices of 5. Every fishery officer who, by virtue of his appointment Fishery as such, is authorized by the Governor in Council, under officers, authority of the Fisheries Act, to exercise the powers of a justice the peace. of the peace ex officio, shall for all the purposes of this Act and the regulations made under it, be ex officio a justice of the peace within the district for which he is appointed to act as a fishery officer. 54-55 V., c. 42, s. 2. INVESTIGATIONS. 6. The Minister of Marine and Fisheries, whenever he As to any deems it expedient to cause inquiry to be made into and con- matter concerning any matter connected with the said grant or the pay- the grant. 741 nected with ment Powers of fishery officers. ment thereof, may direct any fishery officer to inquire into and concerning such matter. 2. Such fishery officer shall have all the powers and authority of a commissioner appointed under the provisions of Part I. of the Inquiries Act, and the provisions of the said Part, in so far as they are applicable, shall apply to the inquiry held by such fishery officer. 58-59 V., c. 29, s. 1. Regulations by Governor in Council. Publication. REGULATIONS. 7. The Governor in Council may, from time to time, make such regulations as he deems necessary or expedient respecting the payment of the said grant and the manner in which applications for the same or any portion thereof shall be made and established, and may require persons applying for the grant or any portion thereof to verify their claims, or any statements made by any person in connection therewith, upon oath. 2. Such regulations shall, after publication in the Canada Gazette, have the force of law. 54-55 V., c. 42, s. 2. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 742 CHAPTER 47. An Act to protect the Customs and Fisheries. SHORT TITLE. 1. This Act may be cited as the Customs and Fisheries Pro- Short title. tection Act. LICENSES. licenses to vessels. 2. The Governor in Council may, from time to time, grant Governor to any foreign ship, vessel or boat, or to any ship, vessel or boat may grant not navigated according to the laws of the United Kingdom or foreign of Canada, at such rate and for such term not exceeding one year, as he deems expedient, a license to fish for, take, dry or cure any fish of any kind whatsoever, in British waters, within three marine miles of any of the coasts, bays, creeks or harbours of Canada, not included within the limits specified and described in the first article of the convention between His late Convention 20th Oct., Majesty King George the Third and the United States of 1818. America, made and signed at London, on the twentieth day of October, one thousand eight hundred and eighteen. R.S., c. 94, s. 1. 3. The Governor in Council may, from time to time, author- Licenses to ize the issue of licenses to United States fishing vessels, enabling vessels U. S. fishing them to enter any port on the Atlantic coast of Canada, during to enter the periods mentioned in such licenses, for the purposes of, ports. (a) the purchase of bait, ice, seines, lines and all other supplies and outfits; and, (b) the transhipment of catch, and the shipping of crews. Atlantic 2. The fee for such licenses shall be one dollar and fifty Duration of cents per ton register, and the terms and conditions thereof license fees.⚫ shall be determined by the Governor in Council. 3. No license shall be issued for a longer period than one License. calendar year, and all licenses shall expire on the thirty-first day of December of the year for which they are issued. 55-56 V., c. 3, s. 1. tion of O. C. 4. The order in council for the issue of such licenses shall, Communicawithout delay, be communicated to both Houses of Parliament, to Parlia if Parliament is then in session, or, if not then in session, ment. within the first ten days of the next ensuing session. 55-56 V., c. 3, s. 2. Vessels hovering in British be visited. BOARDING AND SEARCH. 5. Any commissioned officer of His Majesty's navy, serving on board of any vessel of His Majesty's navy cruising and being waters may in the waters of Canada for the purpose of affording protection to His Majesty's subjects engaged in the fisheries, or any commissioned officer of His Majesty's navy, fishery officer or stipendiary magistrate, on board of any vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the fisheries, or any officer of the Customs of Canada, sheriff, justice of the peace or other person duly commissioned for that purpose, may go on board of any ship, vessel or boat within any harbour in Canada, or hovering in British waters within three marine miles of any of the coasts, bays, creeks, or harbours in Canada, or in or upon the inland waters of Canada, and stay on board so long as she remains within such harbour or distance. R.S., c. 94, s. 2. May be brought in examined. 6. Any one of the officers or persons herein before mentioned. and captain may bring any ship, vessel or boat, being within any harbour in Canada, or hovering in British waters, within three marine miles of any of the coasts, bays, creeks or harbours in Canada, or in or upon the inland waters of Canada, into port, and search her cargo, and may also examine the master or person in command upon oath touching the cargo and voyage. R.S., c. 94, ss. 3 and 20. Vessels must bring to when re quired. Otherwise into after a signal of a gun. 7. Every ship, vessel, or boat, liable to seizure or examination under this or any Act of the Parliament of Canada shall bring to, when required so to do in the King's name by any commissioned officer of His Majesty's navy, or any officer of the Customs or of the fisheries protection service, or person employed as such, or any stipendiary magistrate, on board of any cruiser or vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the Customs or Fisheries, or, upon signal made by any such Government vessel or cruiser by hoisting the pennant and ensign approved and appointed for the purpose by order of the Governor in Council. 2. On any such ship, vessel or boat failing to bring to may be fired when required being chased by any such Government vessel or cruiser having such pennant and ensign hoisted, the captain, master or other person in charge of such Government vessel or cruiser may, after first causing a gun to be fired as a signal, fire at or into such ship, vessel or boat. Officer indemnified. 3. Such captain, master or other person, as well as any person acting in his aid or by his direction, is hereby indemnified 744 fied and discharged from any indictment, penalty, action, or other proceeding for so doing. 61 V., c. 38, ss. 1 and 2. any cargo 8. No person on board of any ship, vessel or boat, so liable No throwing to seizure or examination, which is being chased by any Govern- overboard of ment vessel or other cruiser for having failed to bring to upon during chase. being required so to do or upon signal made as in the last preceding section provided, shall, during such chase, and before such ship, vessel or boat brings to, throw overboard, stave or destroy any part of the cargo of such ship, vessel or boat to prevent seizure. 61 V., c. 38, s. 3. OFFENCES AND PENALTIES. refusing to answer truly. 9. If the master or person in command of any ship, vessel Master or boat does not, upon any examination on oath by any officer or person under the authority of this Act touching the cargo and voyage of any such ship, vessel or boat, truly answer all questions put to him in such examination, he shall incur a penalty of four hundred dollars. R.S., c. 94, s. 3. 10. Every ship, vessel or boat which is foreign, or not navi- Foreign gated according to the laws of the United Kingdom or of vessels. Canada, which, (a) has been found fishing or preparing to fish, or to have Illegally been fishing in British waters within three marine miles of fishing, etc. any of the coasts, bays, creeks or harbours of Canada, not included within the limits specified and described in the first article of the aforesaid convention, or in or upon the inland waters of Canada, without a license then in force granted under this Act; or, in Canadian (b) has entered such waters for any purpose not permitted Unlawfully by treaty or convention, or by any law of the United King- waters. dom or of Canada for the time being in force; shall, together with the tackle, rigging, apparel, furniture, stores Forfeiture. and cargo thereof, be forfeited. R.S., c. 94, ss. 3 and 20. omits to required. 11. If any ship, vessel, or boat, liable to seizure or examina- If any vessel tion under this or any Act of the Parliament of Canada does bring to not bring to, when required so to do in the King's name by any when commissioned officer of His Majesty's navy, or any officer of the Customs or of the fisheries protection service, or person employed as such, or any stipendiary magistrate on board of any cruiser or vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the Customs or Fisheries, or upon signal made by any such Government vessel or cruiser by hoisting the pennant and ensign approved and appointed for such purpose by order of the Governor in Council, the master or officer in charge of such Penalty. ship, vessel, or boat, shall incur a penalty of four hundred dollars. |