| 8. | Boats to be registered and licensed. Every boat engaged in the taking of oysters shall be licensed, and for that purpose every such boat which is not of tonnage sufficient to require entry on the register under any Act relating to the registry of British ships shall be entered in a register for sea-fishing boats by the Collector at the port of the place to which such boat belongs, or at the port nearest to such place; but entry on such register shall not confer, take away, or affect any title or interest in any sea-fishing boat.
| (1.) | The owner of a sea-fishing boat of any tonnage may obtain a license for the same by delivering to the aforesaid Collector a written application for such license, describing the boat, her name, size, tonnage, gear, and fittings, with true particulars of her ownership, and verifying such application by a statutory declaration, which the said Collector is hereby empowered to take; andpage 5.gif) |
| (2.) |
The Collector aforesaid shall issue to the owner, on payment of a fee of twenty shillings, a license in general terms authorising such boat to be used in oyster-fishing, and such license shall be in force so long as the boat described therein remains in the possession of the same owner; but on every change of ownership a new license shall be issued, and, if such license is not applied for within one month after the change of ownership, the boat shall be deemed not to be licensed.
If any sea-fishing boat required to be licensed and registered under this Act, and not being so licensed and registered, is used as a sea-fishing boat for the taking of oysters, the owner and master of such boat shall each be liable to a penalty not exceeding twenty pounds; and any fishery officer may seize and detain such boat and prevent it from sea-fishing until it is duly licensed and registered.
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| 9. | The master of every such boat shall have on board his boat Master of boat to have license on board.the license issued under this Act in respect of such boat; and if he acts in contravention of this section, unless there is reasonable cause for not having such license on board (the proof whereof shall lie on him), he shall be liable to a penalty not exceeding twenty pounds for every such offence. |
| 10. | In all proceedings against the owner or master of, cr any Register to be evidence of ownership of boat.person belonging to, any boat registered or entered in the register for sea-fishing boats for offences against this Act, and in all actions and suits for the recovery of damages for injury done by any such boat, such register, or the register under any Act relating to the registry of British ships, as to boats registered therein, shall be conclusive evidence that the persons registered at any date as owners of such boat were at that date owners thereof, and that the boat is a seafishing boat within the meaning of this Act. |
| 11. | Any Collector or Inspector and any person appointed as Power of officers to enter boats, examine license, and inspect tackle, gear, &c.aforesaid is hereby empowered, for the enforcement of the provisions of this Act, to exercise the powers and authorities of a constable, and may exercise the following powers:—
| (1.) | He may at all times and seasons, without any let or hindrance whatsoever, enter any boat or boats engaged in taking oysters; |
| (2.) | May require the owner, master, and crew, or any of them, to produce the license for the boat, and may take copies thereof or any part thereof; and |
| (3.) | May require the master to give any explanation concerning his boat and her crew, and any person on board his boat, and the said license; and |
| (4.) | May examine all dredges, engines, and instruments whatsoever, and seize all illegal engines, instruments, and devices whatsoever, and all and every other engines and instruments whatsoever when used illegally; and |
| (5.) |
May do all such other acts and things as he is required to do by such regulations as aforesaid.
The production of his instrument of appointment, or a copy of the Gazette notifying such appointment, shall be sufficient warrant for any such person so acting in any of the cases aforesaid.
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