7. The rent shall be paid in advance, and any lessee who Rent payable fails so to pay in advance, shall not have a right to the renewal in advance. of his lease.

The lease of any person, convicted of an infringement of Lease annulthis section or of any regulation under it, may be annulled by led for infringement. the Commissioner. 51-52 V., c. 17, s. 8.

involves can

8. Excessive or wasteful fishing or fishing during prohibited Excessive or seasons shall also involve the cancellation of the lease covering illegal fishing the waters in which it has taken place with the knowledge or cellation of participation of the lessee.

lease.

The lessee, who has been so guilty, shall not obtain another Lessee found lease or license to fish within the limits of the Province during guilty deprivthe five years which follow such cancellation of lease. 51-52 V., c. 17, s. 9.

ed for five

years of right to obtain another lease. Sub-leasing

consent of Commission

9. No lessee or his representative shall have the right to sublet any privilege granted him under the provisions of this prohibited section, without first notifying the Department of Crown Lands without and receiving the written consent of the Commissioner or of some other person authorized to give such consent. For receiving such transfer a fee of five dollars shall be ex- Fee on transacted. 51-52 V., c. 17, s. 10.

§ 3-Control of Fishing Rights and Regulations.

er.

fer of lease.

control of

purposes.

1377. The Commissioner may, with the consent of the Commissioner owners and for the purposes of management only, assume the may assume control of fishing rights pertaining to granted lands situate fishing rights along a river or lake, with a view of giving them greater value for certain or of leasing the same in conjunction with those pertaining to ungranted lands along such rivers or lakes. 51-52 V., c. 17, s. 11. 2. The Lieutenant-Governor in Council may, in his discre- Regulations tion, make such regulations as he may deem necessary in the to be made by interest of the good management of fishing in this Province. Governor in 51-52 V, c. 17, s. 12.

§ 4-Fishing and Fishing Licenses.

Lieutenant

Council.

lone permitted.

1378. Line fishing only (rod and line) is permitted in the Angling awaters of lakes and non-floatable rivers of the Province. For any other mode of fishing a special authorization of the Authorization Commissioner is required. 51-52 V., c. 17, s. 13.

required.

ciled in Prov

2. Persons having their domicile in the Province of Quebec Persons domido not require licenses to angle in the waters of the lakes and ince do not rivers which are not under lease, and which are the property require license of the Crown. 51-52 V., c. 17, s. 14.

to fish.

so domiciled

3. Any person not having his domicile in the Province of Persons not Quebec who desires to fish therein, must, before beginning to must procure fish, procure a license to that effect from the Commissioner license. or from any person by him authorized.

se.

The fee required is determined, in each case, by the Com- Fee on licenmissioner, but it shall never be less than ten dollars. 51-52 V., c. 17, s. 15.

Licenses,

4, Licenses are only valid for the time, place and persons

when, where, therein indicated. 51-52 V., c. 17, s. 16.

and for whom

valid.

Any infringe

§ 5-Prosecutions and Fines.

1379. Any infringement, at any time, of any provision ment a dis- of this act, or of any regulation made under its authority, tinct contra- is a distinct contravention and may be punished accordingly. punishable as 51-52 V., c. 17, s. 17.

vention and

such.

Fine for each offence.

Fines discre

1380. Every offender is punishable, for each offence, by a fine of not less than five dollars or more than twenty dollars, in addition to the costs.

If it appear to the magistrate who gives judgment that the tionary in cer- offence was committed through ignorance of the law, and that the fine is too great owing to the poverty of the defendant, he may exercise a discretionary power. 51-52 V., c. 17, s. 18.

tain cases.

If fine not paid, goods may be seized

and sold; if

2. If the defendant does not pay the fine, with costs, within the time determined by the court, his goods and chattels may be seized and sold to pay them; and in the event of there not being any moveables and effects, he shall be liable to an may be impri- imprisonment of not less than eight days or more than one month. 51-52 V., c. 17, s. 19.

insufficient

defendant

soned.

Fine to be

1381. The whole of the fine belongs in each case to the long to com- person who has obtained the judgment of condemnation. 51plainant. 52 V., c. 17, s. 20.

Fines recov

1382. All fines may be summarily recovered on complaint erable by sum- before a magistrate, on such proof as he may deem necessary. 51-52 V., c. 17, s. 21.

mary process before magis

trate.

Delays upon service of

summons.

Magistrate may issue

summons re

1383. There shall be three days interval between the service and the return of a summons to a defendant for the first five leagues, and one day more for every additional five leagues or fraction of five leagues of distance between the place where the summons is dated and that in which the service takes place.

When it is expedient to proceed without delay against a defendant, any magistrate may issue a writ of summons returnturnable im- able immediately to compel the defendant to appear before mediately or him without delay, or he may issue at the same time as the writ of summons, a warrant of arrest against the defendant. 51-52 V., c. 17, s. 22.

warrant of arrest.

Prescription

of suits.

1384. The suit for the recovery of fines must be taken within six months, counting from the day that the contravention took place. 51-52 V., c. 17, s. 23.

1385. The fishery overseer, when the judgment has been Reports of obtained through his intervention, shall, within a delay of five suits by fishdays after the judgment, make a report to the Commissioner. ery oversser. 51-52 V., c. 17, s. 24.

not invalid through de

1386. No proceedings shall be dismissed, nor any condem- Proceedings nation annulled, by reason of any defect in form. No warrant of arrest or imprisonment shall be annulled by fects of form. reason of irregularity, if it be therein alleged that the person Warrants not was found guilty and if there be good and valid reasons to justify such condemnation. 51-52 V., c. 17, s. 25.

invalid for irregularity.

this section.

1387. The forms of proceedings, summonses and notices, Forms to be made use of under this section and under the regulations made used under in virtue thereof, may be according to the forms A, B, C, D, E, of the annexed schedule or in any other form; in other respects, the laws relating to summary proceedings before justices Law applicaof the peace apply to cases provided for by this section. ble. 51-52 V., c. 17, s. 26.

§ 6-Fishery Divisions and Overseers.

1388. The Lieutenant-Governor in Council may, if he con- Fishery divisiders it expedient for the better protection of fisheries, divide sions and appointment of the Province into fishery divisions, and may appoint a fishery overseers. overseer for each division, whose duties shall be defined by special regulations. 51-52 V., c. 17, s. 27.

tion of over

seers and

1389. The remuneration of such fishery overseers, and of Remuneraall other persons specially employed to perform any duty imposed by this section or by the regulations made under it, others. shall, if required, be determined by the Commissioner by commission or otherwise, and in either case. it shall be paid out of the revenue arising from the operations of this section. 51-52 V. c. 17, s. 28.

1390. The Commissioner may, upon the recommendation Appointment of overseers of lessees of fishing rights, or without such recommendation in for lakes and their default so to do, or if their recommendation be not ac- rivers under ceptable, appoint as many overseers as he may deem necessary for the effectual protection of the fisheries in the lakes and rivers under lease,

lease.

be sworn:

Such overseers shall be sworn to the faithful discharge of Overseer to their duties in enforcing the execution of the provincial laws and regulations in force, and they shall be employed for such length of time as the Commissioner shall consider necessary. To be paid by Their services shall be paid by the lessees. 51-52 V., c. 17,

8. 29.

lessees.

Agents, etc., of Crown

Lands and

1391. The agents and sub-agents of the Crown Lands and Forests, the wood rangers and their superintendents, and the Forests to be gamekeepers appointed by the Commissioner are ex-officio fishery overseers while in office, each for the division confided to his superintendence.

ex-officio

Overseers.

No additional salary.

Fishery over

seers to have powers of justice of the peace.

Overseers,

etc., may convict on view.

And confiscate mater

ials, etc., prohibited by law.

Overseers may make

searches or

The Commissioner may also appoint such local fishery overseers as he may deem necessary; they shall not have any right to additional salary for such service. 51-52 V., c. 17, s. 30.

1392. The fishery overseers, under this section, shall have all the powers of a justice of the peace, each in his division, as well for the purposes of this section as for those which may concern the efficient execution of the laws and regulations within the limits of such division. 51-52 V., c. 17, s. 31.

1393. Every fishery overseer or other magistrate may convict on view, with in the limits of his division, all persons guilty of an infringement or of an act of negligence punishable under the provisions of this section, and he is authorized to remove or cause to be removed immediately and retain all materials and fishing appliances prohibited by the law. 51-52 V., c. 17, s. 32.

1394. Every fishery overseer or other magistrate may make searches or grant a warrant to search in any craft or grant search places where he has reason to suspect that there may be fish, taken in contravention of the provisions of this section and of the regulations made under its authority, or any object whose use is prohibited. 51-52 V., c. 17, s. 33.

warrants.

Overseers,

ter on private property.

2. In the performance of his duties, every fishery overseer etc., may en- and other person accompanying him or authorized by him for that purpose, may enter upon or pass over private property, provided that the rights of property are not violated. 51-52 V., c. 17, s. 35.

committed on

it may be

When offence 1395. When an offence against the provisions of this secor near limits tion and the regulations made under its authority is comof several di- mitted on or near the waters serving as limits between visions, etc., several counties or several judicial districts or fishery divisions, such offender may be prosecuted before any magisfor before ma- trate of such districts or divisions, or before any fishery overgistrate, etc., of any such seer for any one or other of such districts or divisions. divisions. V., c. 17, s. 34.

prosecuted

51-52

To J. S., Justice of the Peace, of the said county (or district).

complains that C. D.

of

(state briefly in clear terms the offence and the place where it occurred) in contravention of section seventh of chapter sixth of title fourth of the Revised Statutes of the Province of Quebec, respecting fishing in nonnavigable rivers and in lakes.

Wherefore the complainant prays for judgment against the said C. D., as prescribed by the said section.

Whereas complaint has (this day) been made before me that you (state the offence in the words of the complaint, or to the like effect) in contravention of section seventh of chapter sixth of title fourth of the Revised Statutes of the Province of Quebec, respecting fishing in non-navigable rivers and in lakes; Therefore you are hereby commanded to appear before me, at day

of

at

on the

o'clock in the

to answer the said complaint and to be dealt with according to law.