14. Penalties incurred under this Act, or the regulations Limitation of made under it, shall be sued for within two years from the commission of the offence. actions. tb be set aside 15. No proceeding under this Act, or the regulations made No proceeding under it, shall be set aside or quashed for want or defect of for informality. form or for irregularity, and no warrant of arrest or commitment shall be held void by reason of any defect therein, if it is therein stated that the defendant has been convicted, and that there is good and valid conviction to sustain the same. 16. If any person convicted under this Act shall feel him- Appeal. self aggrieved by such conviction, he may appeal therefrom to the then next sitting of His Majesty's Supreme Court, holden in or nearest the place where such conviction shall have been had, or in St. John's; provided notice of such appeal and of the cause and matter thereof be given to the convicting Magistrate or Justice 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 or Justice conditioned for the appearance of the person convicted at such next sitting of the Supreme Court, on the first day of the sitting, for the prosecution of the appeal with effect and without delay, to abide the judgment of the Court thereon. 17. This Act shall be construed as in enlargement and in Interpretation. better definition of the duties and functions of the "Game Preservation and Inland Fisheries Board," and of the powers granted to the same by the Statute passed in the sixth year of His present Majesty's reign, chapter 20, sections 7 to 9, inclusive, and as in substitution for the said sections which are hereby repealed. 18. This Act may be cited as The Game and Inland Short title. Fisheries Board Act, 1910," Preamble. Enacting clause. Close time for 1, 1910, to Oct. 1. 1913. SECTION CAP. XXX. An Act Respecting the Preservation of Beavers. 1. Close time for beavers from Oct. 2. Penalty for making advances in 3. Permission to take beavers for W [PASSED MARCH 22ND, 1910.] SECTION 4. Respecting powers of searching. 5. Procedure for recovery of pen alties. 6. Possession prima facie evidence 7. Confiscation of skins. 8. Exportation of confiscated skins. HEREAS by the Act 7 Edward VII., cap. 21, the hunting and killing of Beavers were prohibited from the first day of October, nineteen hundred and seven, to the first day of October, nineteen hundred and ten; And Whereas it is desirable to extend the period of prohibition. Be it enacted by the Governor, the Legislative Council and House of Assembly, in Legislative Session convened, as follows: 1 Any person who shall hunt, kill or pursue or take any beavers from Oct. beaver within this Colony at any time from the first day of October, 1910, to the first day of October, 1913, shall, upon conviction, for the first offence, be imprisoned for two months with hard labor, with the option of a fine not exceeding two hundred dollars, and not less than fifty dollars; for the second offence the penalty shall be imprisonment for six months with hard labor. Penalty for making advances in money or goods for the hunting of beavers. 2. Any person who advances or promises to advance any moneys or goods for the purpose of purchasing or procuring beavers or beaver skins, or who agrees to reward, or rewards any person for hunting, taking, exporting or procuring any preceding section, or who exports or causes to be exported any skin of a beaver, shall, upon conviction, for a first offence, be imprisoned for two months with hard labor, with the option of a fine not exceeding five hundred dollars, and not less than two hundred dollars; for a second offence the penalty shall be imprisonment for one year with hard labor, together with a fine not exceeding five hundred dollars and not less than two hundred dollars. take beavers for obtained 3. Upon a requisition in writing made to the Minister of Permission to Marine and Fisheries, permission may be granted to any societies may be Scientific or Zoological Body or Society to hunt and capture not more than six live beavers for exportation from the Colony or otherwise. powers of 4. Any Magistrate, Justice of the Peace, Policeman, Cus- Respeeting toms' Officer or Game Warden who believes or has reason to searching. believe that any beaver or beaver skins are in or upon any house, shop, store, wharf or premises, vessel, boat, or in any package or luggage in contravention of this Act, may enter upon such house, shop, store, premises, vessel or boat, using, if necessary, sufficient force for the purpose, and search therein and open and examine the contents of any package or luggage, and should any beaver or beaver skins be found thereon or therein, unless the owner or lessee of such house, store, wharf premises, boat, vessel, package or luggage, can show that the said beaver or beaver skins have been placed there without his knowledge and consent, the said owner or lessee, upon conviction, for a first offence, shall be imprisoned for two months with hard labor, with the option of a fine not exceeding five hundred dollars and not less than fifty dollars; for a second offence the penalty shall be imprisonment for one year with hard labor, together with a fine not exceeding five hundred dollars and not less than two hundred dollars. recovery of 5. The penalties under this Act shall be sued for and re- Procedure for covered in a summary manner before a Magistrate or Jus- penalties. tice by any person, and one-half of the money penalty shall be awarded and paid to the person who shall prosecute an Possession prima facie evidence. Confiscation of skins. Exportation of. confiscated skins. offender to conviction. The Magistrate or Justice before whom a conviction is had shall have power to award such one-half of the penalty to the said person. 6. If within the period mentioned in the first section of this Act, any person shall have in his possession any beaver or skin, or carcase of a beaver, such possession shall be prima facie evidence of a violation of said section. 7 In addition to the penalties herein before provided, all beavers and beaver skins found in the possession of any person in contravention of this Act shall be confiscated. 8. Whenever under any conviction under this Act, any skins or skin are confiscated, the same may be exported by the usual export entry. Enacting clause. BE E is enacted by the Governor, the Legislative Council and the House of Assembly, in Legislative Session 1. It shall be lawful for the Governor in Council to gua- Respecting cer tain guarantee rantee, on behalf of the Colony, for one or more years, not to cold storage exceeding fifteen, the annual payment to any person, firm or companies. 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 not 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. exempt from duty. 2. All plant, machinery, implements, apparatus, supplies Machinery to be and material necessary for the original installation of the business of such person, firm or company shall be admitted into the Colony free of duty. tracts for operation of 3. The Governor in Council may enter into contracts with Respecting conany person, firm or company for the construction, equipment maintenance and and maintenance in good and efficient working order of pub- plants. lic 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 specification of every such Location and plans to be plant, store or warehouse, its equipmeut and the amount to subject to be expended thereon, shall be subject to the approval of the approval, Governor in Council. suasidies. 5 The Governor in Council may, out of any moneys ap- Respecting propriated 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 |