or compensation, the amount of which may be either specified and agreed in such contract or may be by the terms of said contract left to be fixed and determined by arbitration, or otherwise, as the contracting parties shall in such contract agree and provide;

(c) Fixing the amount of the fees which, during any term, not exceeding ten years from the date of such contract, shall or may be required or exacted by the Dominion Government, in respect of any license to fish, which it may have power to issue, either under or by reason of such contract, or otherwise; (d) Fixing the amount of the fees which, during any term not exceeding ten years from the date of such contract, the Province shall or may exact or require in respect of any license to fish, which it may have power to issue, either under or by reason of such contract, or otherwise;

(e) Providing for the payment, maintenance in office and removal of any fishery officer, and fixing the salary of such officers, and the amount which each contracting party shall pay towards the salary of such officer, during any term not exceeding ten years from the date of such contract;

(f) And without limitation or restriction by reason of the foregoing particulars, it may be agreed and provided in such contract, that the Dominion Government shall, during any time not exceeding ten years from the date of the contract, have and exercise such rights, property or powers, capable of being deputed or assigned, vested in the Province in relation to any fisheries or fishing rights, or in reference to which the contracting parties may consider there is doubt as to whether the same are vested in the Province or in the Dominion of Canada, as may be specified in said contract; and that the Province may have and exercise such rights, property or powers, capable of being deputed or assigned, vested in the Dominion in relation to any fisheries, or fishing rights, or in reference to which the contracting parties may consider there is doubt as to whether the same are vested in the Dominion of

Canada or the Province, as may be specified in the
contract. And that the Provincial Government and
Dominion Government shall, as may in such contract
be specified and declared, each exercise, or abstain
from exercising, during the term of ten years from
the date of such contract, any powers or rights in
relation to fisheries, or fishing rights, possessed by
either the Province or the Dominion, or possessed
concurrently by both the Province and the Dominion,
or shall exercise such powers or rights, or any of
them, within the limits, and subject to such restric-
ties as are by such contract provided. C. S., c.
34, s. 34. am.

If any pro

vision

ultra vires.

38. Every such contract shall be made in duplicate, and Execution be under the Great Seal of the Province and of the Dominion of contract. and one duplicate thereof shall be filed in the office of the Minister. Such contract shall contain a provision to the effect that should any part thereof be found to be ultra vires either of the contracting parties, the other provisions of the contract shall not thereby be avoided or vacated, but so much of the said contract as was within the powers of the contracting parties to make, either under the provisions of this Chapter or otherwise, shall continue valid and subsisting for the term specified in such contract, not withstanding some of the clauses or provisions contained in such contract shall be held, or found, to be beyond the power of the contracting parties, or either of them; but in such case either of the contracting parties may, if the contract so provides, determine such contract after at least six months' notice. C. S., c. 34, s. 35. am.

"Barren" bottoms.

Surveys by
Governor in
Council, etc.

Engineer may

CHAPTER 38.

RESPECTING THE OYSTER FISHERIES OF THE
PROVINCE.

1. In this Chapter, "barren bottoms" means and includes those parts of the beds and bottoms of any bays, rivers, harbours or creeks, where no natural or live oyster beds are found to exist at the time of the application for a lease under this Chapter. 1913, c. 13, s. 1.

2. (1) The Governor in Council may, from time to time, cause surveys to be made of the beds or bottoms of the bays, rivers, harbours or creeks of the Province, and, from time to time, as he may deem expedient, lay off the said beds and bottoms in plats or plots of such areas as the Governor in Council may deem proper, and grant leases thereof to applicants therefor, upon such consideration or rents, and for such terms or periods as may be deemed expedient.

(2) The form of lease and application therefor shall be prescribed by the Governor in Council. 1913, c. 13, s. 2. am.

3. (1) For the purpose of making such surveys any go upon lands. engineer, surveyor or other officer authorized by the Governor in Council may go over and upon the lands of any person adjoining or abutting on the said beds of such bays, rivers, harbours or creeks, drive stakes and erect marks or stakes, permanent or otherwise, upon such lands.

Plans to be made.

Preference to riparian

owner.

(2) Such engineer, surveyor or other officer shall make plans of the same, which shall be filed in such place and manner as the Governor in Council may prescribe, and such plans shall be open for inspection and search by any person. 1913, c. 13, s. 3. am.

4. The riparian owner desirous of leasing the bottom in front of his own foreshore shall have the preference over other applicants for a lease or leases. 1913, c. 13, s. 4.

5. All oysters planted, bedded, deposited, sown or grown, Oysters to be property produced or found on lands so surveyed, taken up and of lessee. leased, shall be the personal property of the person holding the lease, during the continuance thereof, and any lease may be renewed, from time to time, for such period and at such annual rental or consideration or on such other terms as the Governor in Council may see fit. 1913, c. 13, s. 5. am.

of constables.

6. The Governor in Council may appoint special officers, Appointment at the request of a holder of a lease of barren bottoms, and and powers issue a commission to such special officers, constituting them police officers or constables of the county in which the property is situated, with power to make arrests and to do all things in the premises that police officers or constables are empowered to do by law; and such special officers or constables shall be paid all costs incidental to the said employment, by the person or persons asking such appointment. 1913, c. 13, s. 6. am.

7. The Governor in Council may make such rules Regulations. and regulations as may be necessary to carry this Chapter into effect and such rules and regulations shall become effective only when published for thirty days in The Royal Gazette. 1913, c. 13, s. 7. am.

8. Any person violating any of the provisions of this Penalty for violating Chapter or the rules and regulations made thereunder provisions shall, upon summary conviction thereof before a police of Chapter. magistrate of the County wherein such offence is committed,

be liable to a penalty not exceeding fifty dollars and costs, and, in default of payment, to imprisonment for a period not exceeding one month. 1913, c. 13, s. 8.

9. The provisions of this Chapter shall not apply to Chapter not to the County of Kent. 1913, c. 13, s. 12.

apply to Kent.

TITLE XII.

AGRICULTURE.

Short title.

Interpretation.

Organization of Department.

Minister to administer Department.

CHAPTER 39.

RESPECTING THE ENCOURAGEMENT OF

AGRICULTURE.

1. This Chapter may be cited as The Agricultural Act. C. S., c. 37, s. 1.

2. In this Chapter, unless the context otherwise requires:
(a) "Department" means the Department of Agriculture.
(b) "District" means any portion of the Province defined
by the Governor in Council as a district under this
Chapter.

(c) "Minister" means the Minister of Agriculture.
(d) "Society" means an agricultural or other society,
incorporated under this Chapter or any Act relating
to agriculture, heretofore passed. C. S., c. 37, s. 2.

am.

3. There shall be a Department of the Executive Government, to be called the Department of Agriculture, to which shall be entrusted the execution and administration of all laws of the Legislature, and all orders in Council relating to agriculture. C. S. c. 37, s. 3.

4. The duty of administering the Department of Agriculture shall devolve upon a Member of the Executive Council, who shall be appointed by the Lieutenant-Governor, in the same manner as other heads of Departments of the Provincial Government. He shall preside over such Department, and have the general supervision and control thereof, and shall be styled, "The Minister of Agriculture." C. S., c. 37, s. 4. am.