Enacting clause. Respecting the Powers of CAP. XXIX. An Act respecting the Constitution and Establishment of the SECTION 1. Respecting the Board. 3. Regulations by Board. 4. The officers of the Board. 6. Duties of the secretary. 7. Licenses to be issued by the 8. Audit of accounts. 9. Moneys to be paid to credit of BE [PASSED MARCH 22ND, 1910.] SECTION 10. Appointment of wardens, &c. 11. Duties of wardens. 12, Dismissal of officers and ser vants. 13. Respecting penalties and forfeitures. 14. Limitation of actions. 15. No proceeding to be set aside for informality. 16. Appeal. 17. Interpretation. 18. Short title. E it enacted by the Governor, the Legislative Council and the House of Assembly, in Legislative Session convened, as follows: 1. The Governor in Council shall appoint a Board to be called "The Game and Inland Fisheries Board," which shall consist of not more than twenty members, of which Board the Minister of Marine and Fisheries shall be the President. 2. The powers, duties and functions of such Board shall be to make inquiries and researches and to take all necessary action in relation to (1), to the adequate preservation, protection and propagation of game birds in this Colony and its dependencies; (2), to the preservation and protection of deer, moose and other animals, feræ naturæ, game or fur bearing; (3), to the protection and improvement of the inland fisheries in and pertaining to this Colony and its dependencies; and (4), to devise, organize and maintain methods of diffusing knowledge and information in respect of 3. (1) Subject to the approval of the Governor in Coun- Regulations by Board. cil, the Board may, from time to time, make regulations for the better management of the sea coast and inland fisheries, for preventing or remedying the obstruction and pollution of the streams and inland waters, for the limitation or prevention of fishing in certain inland and estuary waters, for the prevention of the destruction of fish, for the issue of licenses to fish to persons not domiciled in this Colony or its dependencies, and the imposition of fees in respect of such licenses; for the preservation, protection and propagation of game birds in this Colony and its dependencies, and also for the preservation and protection of deer, moose and other animals, feræ naturæ, game or fur bearing. (2) All such regulations, approved as aforesaid, shall (3) Such regulations shall be in force and take effect (4) Every offence against any regulation made under 4. The Board shall have power to elect a Vice-president, The officers of who, in the absence of the President, shall take the chair at the Beaed. meetings of the Board, and also two assistant Vice-presidents, who shall, in order of their seniority, preside at meetings of the Board at which neither the President nor the Vice-president shall be in attendance Such officers shall hold office until the first annual meeting of the Board, when their successors shall be elected, and thence hold office from year to year. The said officers shall be eligible for re-election at the annual meetings. The services of such officers and of the members of the Board shall be honorary, and no fees, emoluments or exemptions shall attach thereto. Quorum. Duties of the secretary. Licenses to be issued by the Board. Audit of accounts. Moneys to be paid to credit of Board. 5. In all meetings of the Board seven members, exclusive of the presiding officer, shall constitute a quorum. 6. It shall be the duty of the Board to appoint a Secretary (not being a member of the Board) whose salary shall be fixed by the Board. (1) The duties of such Secretary shall be to do and perform all such matters and things as usually pertain to the office of Secretary, a portion of which shall be the keeping of a correct record of all the meetings and proceedings of the Board, the preservation of all correspondence addressed to the Board or to himself as such Secretary, and the answering of such correspondence subject to the direction or supervision of the Board. He shall also undertake all necessary travellings and journeys within the Island and its dependencies, as he may from time to time be directed by the Board to undertake, and make and prosecute such inquiries as may be required in manner as the same shall be ordered, and shall take such action as the Board shall deem necessary in respect of the sanie, and shall make immediate reports to the Board as to the manner in which he shall have performed the duties required of him. The costs of such journeyings and all necessary collateral expenditure shall be submitted to the Board and shall be paid upon vouchers and approval. 7 All licenses in respect of the killing of game and the taking of fish within this Island and its dependencies shall be issued by the said Board and shall be signed by the President and countersigned by the Secretary. 8 The accounts of the Board shall be kept in the Department of Marine and Fisheries and shall be subject to audit of the Comptroller and Auditor General. 9. All moneys received in respect of licenses for the killing of game and for the taking of fish, and all money votes, subsidies or subventions of the Legislature, granted for the (a) All payments and expenditures of the said moneys (b) Out of the funds so provided, the Board shall pay (c) The expenditure of the fund under control of the wardens, &c. 10. The Board shall have power to appoint all wardens, Appointment of inspectors of wardens and other officers or servants necessary to the carrying out of its functions and duties, and shall have the sole authority to grant or to refuse licenses to guides. 11. The Board shall have power to define the duties of Duties of wardens, inspectors and other officers and servants of the wardens. Board, and may make general regulations as to their conduct and employment. The Board may also define the duties and obligations of licensed guides and may by such regulations prohibit the employment, by holders of licenses for the killing of game or the taking of fish, of unauthorized persons as guides, under the penalties imposed by this Act. Dismissal of 12. The Board shall have power in the exercise of its discretion to dismiss any warden, inspector or other officer or officers and servant of the Board, and to revoke and cancel any license servants. Respecting penalties and forfeitures. to guides. Such dismissal and revocation and cancellation shall be deemed to be fully warranted by proof which shall satisfy the Board that such warden, inspector, officer, servant or guide has been guilty of any breach of duty or of misconduct, collusion or negligence in his office or service or in matters collateral herewith, 13. (1) Every person convicted of a violation of this Act or of any of the regulations of the Board made hereunder and duly approved and promulgated, shall be liable to a penalty not exceeding one hundred dollars and costs, and, in default of payment, to imprisonment for a term not exceeding two months, and any Justice of the Peace may grant a warrant of distress to the amount of such penalty and costs. (2) If any defendant has goods and chattels whereon the costs may be levied the complainant may distrain for the amount under warrant by any Justice of the Peace, notwithstanding the imprisonment of the person convicted. (3) All materials, implements or appliances used, and all fish or game caught, taken or killed in violation of this Act, or any such regulation as aforesaid, shall be confiscated to His Majesty, and may be seized on view by any warden, inspector or other officer or servant of the Board, or by any licensed guide, or taken and removed by any person for delivery to any Justice of the Peace, and the proceeds arising from the disposal thereof may be applied at the discretion of the Board towards defraying any expenses incurred under this Act. (4) A moiety of every penalty levied by virtue of this Act shall belong to His Majesty for the use of the Board and the other moiety shall be paid to the prosecutor, together with costs taxed to him in respect thereof. '5) His Majesty's share of each penalty and all proceeds derived from the sale of confiscated goods shall be |