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Of the Whaling Industry.
boats. 5. - Apparatus to be used.
6.- Collisions-liability for.
1. Every person engaged in the whaling industry shall provide proper and efficient means, appliances and machinery for the manufacture of the carcases and offal of whales into marketable products, and shall manufacture all such carcases and offal into marketable products.
2. The Governor in Council may, from time to time, make such rules and regulations as may be deemed necessary for the disposal of such portions of the carcases of the whales brought to any factory or premises, or to any part of this Colony, as may not be manufactured into oil or other merchantable product, and for the prevention of the same becoming a muisance or in any manner polluting the waters so as to be injurious to the public health or to the fisheries of this Colony; and such rules and regulations shall have the same effect and force as if herein enacted,
3. Boats known as “tow-boats” shall not be used by any person in the prosecution of the whaling industry, and no ressels other than the vessels from or by which the whale shall have been captured or killed, shall, by any method or contrivance, bring or tow into port any whale for manufacture or other purposes, under a penalty not exceeding two hundred dollars for each offence, to be recovered in a summary manner before a Justice of the Peace: Provided that nothing in this section shall prevent any person from towing any dead whale to land, and having it manufacturel, or otherwise disposing of same in a due and lawful manner.
4. No person shall pursue, capture, shoot or kill any whale within the distance of one nautical mile from any boat or vessel at anchor or engaged in fishing, or within the distance of one-half nautical mile of any boat or vessel not at anchor or engaged in any fishing, under a penalty for each offence not exceeding two hundred dollars, to be recovered in a summary manner before a Justice of the Peace.
5. It shall be unlawful to use in the catching of whales any methods by which it depends upon chance alone whether a whale can be traced and found, or to use any contrivance for the catching or killing of whales which does not include a harpoon with a whaling line attached thereto, and fixed or fastened to the boat or vessel from which the whale is captured or killed, under a penalty for each offence of two hundred dollars, to be recovered in a summary manner before a Justice of the Peace.
6. The owner of every whaling steamer shall be liable for all damage and loss occasioned to fishermen by collision, or in avoiding collision, with any such whaling steamer, her cargo or gear, and the loss of a prospective catch of fish may be taken into account in estimating such damage.
7. The owner of every whaling steamer shall be liable for all accidents whereby injury is caused by such whaling steamer to the person of anyone not employed or being on board such whaling steamer, whether there were contributory negligence or not.
8. A whaling steamer finding, catching, or fouling any fishing gear, of which the owner is not known, shall take the same to the nearest port and give due and proper notice of the time and place of such finding, catching or fouling, under a penalty for every failure to report of fifty dollars, to be recovered in a summary manner before a Justice of the Peace.
9. It shall not be lawful to employ as an ordinary workman in or about the catching of whales or in or about the manufacture thereof into oil or other products, any person not being a British subject who has not been two years domiciled in this Colony, under a penalty for every person employed contrary to the provisions of this section of fifty dollars, to be recovered in a summary manner before a Justice of the Peace .
10. Any person who may feel aggrieved at any conviction under this Chapter may appeal therefrom to the Supreme Court, upon giving security satisfactory to the convicting Justice.
11. “Person" in this Chapter shall include any body of persons, corporate or unincorporate, and any registered compny.
12. Nothing in this Chapter shall be heid to apply to porpoises.
Of the Propagation and Protection of Oysters.
or under rules and regulations. 4.-Oysters not to be destroyed or injured. 5. -Penalties, &c.
1. The Governor in Council may issue leases or free grants of any cores, creeks, parts of the coast, lakes, rivers, or banks of this Colony, for the purposes of planting therein and propagating oysters, subject to such conditions, rules and regulations as the Governor in Council may promulgate.
2. The Governor in Council may also make and promulgate rules and regulations respecting the taking of oysters in any of the coves, creeks, parts of the coast, lakes, rivers or banks of the Colony.
3. No person except the grantee shall take any oysters from any place for which a lease or grant has been issued under section one of this Chapter; nor shall any person take any oysters from any of the coves, creeks, parts of the coast, lakes, rivers or banks of the Colony, except under and subject to the conditions, rules and regulations promulgated under sections one and two of this Chapter.
4. No person shall injure or destroy any oysters, or wilfully obstruct the growth of any oysters put, placed or being in any bed or place for propagation, or in any other place in this Colony.
5. Any person violating any of the provisions of this Chapter, or any of the rules or regulations promulgated by the Governor in Council thereunder shall be liable for every offence to a penalty not exceeding fifty dollars, or to imprisonment for a period not exceeding two months, to he recovered or imposed in a summary manner before a Stipendiary Magistrate.
Of the Encouragement of Cold Storage.
operation of plants.
1. It shall be lawful for the Governor in Council to guarantee, on behalf of the Colony, for one or more years not exceeding fifteen, the annual payment to any person, firm or company engaged in the business of cold storage and other business connected with the fisheries and bait supply of the Colony, of a sum by which the nett annual profits of such person, firm or company may be less than five per cent. on the capital invested by any such person or paid up in any such company, provided that the total amount of such guarantee to all persons or companies shall be limited to an amount of capital which shall noi exceed five hundred thousand dollars. Such guarantee shall be subject to such terms and conditions, as to the annual volume of work, class of fish handled, prices to be paid for fish, countries to which fish is to be exported, and location of plants, as to the Governor in Council may appear expedient.
2. All plant, machinery, implements, apparatus, supplies and material necessary for the installation of the business of such person, firm or company shall be admitted into the Colony free of duty.
3. The Governor in Council may enter into contracts with any person, firm or company for the construction, equipment and maintenance in good and efficient working order of public cold storage plants, stores or warehouses equipped with refrigeration in Newfoundland, and suitable for the preservation of all fish bait and food products.
4. The locations, plans and specifications of every such plant, store or warehouse, its equipment and the amount to be expended thereon, shail be subject to the approval of the Governor in Council.
5. The Governor in Council may, out of any moneys appropriate by the Legislature for the purpose, grant towards the construction of any such plant, store or warehouse a subsidy not exceeding, in the whole, thirty per cent of the amount expended or approved of in such construction and equipment and payable in instalments as follows :-Upon such plant, store or warehouse being completed, and cold storage at suitable temperatures being provided therein, all to the satisfaction of the Minister of Marine and Fisheries, a sum not exceeding fifteen per cent. of the amount so expended; and at the end of the first year thereafter, the balance of the said thirty per cent., provided the plant, store or warehouse is maintained and operated to the satisfaction of the Minister of Marine and Fisheries.
6. The Minister of Marine and Fisheries may order and cause to be maintained an inspection and supervision of the sanitary conditions, maintenance and operation of such plant, store or warehouse, and may regulate and control the temperatures to be maintained therein, in accordance with the regulations to be made as hereinafter provided.
7. The rates and tolls to be charged in such plant, store or warehouse shall be subject to the approval of the Governor in ('ouncil.
8. The Governor in Council may make such regulations as he consilers necessary in order to secure the sufficient enforcement and operation of this Chapter, and he may by such regulations impose penalties not exceeding fifty dollars on any person offending against them, and the regulations so made shall be in force from the date of their publication in the Royal Gazette, or from such other date as is specified in the proclamation in that behalf.