Page:United States Statutes at Large Volume 18 Part 1.djvu/923

 Tum: L1.--REGULATION OF FISHERIES. 851 demandants, and shall be allowed to produce evidence thereof in answer to their demands respectively; and judgment shall be rendered upon spot; proceeding for the respective ha ances which upon such an inquiry s a appear. Sec. 4394. When process shall be issued inst any vessel so liable, Dischnrgejofvw if the owner thereof or his agent will giveahhnd to each fisherman in “°l “P°“ nd by whose favor_such process shall be instituted, with sufficient security, to (TL the satisfaction of two justices of the peace, of whom one shall be named 19 ·l¤¤¤» N13. ¤- by such own? or agent, and th; other by the fisherman or fishermen 2· “· 2· "· 3* P· 2· ursuing suc process, or if eit er rty shall refuse then the justice hrsta inted shall name his associze with condition to answer and pay w a ver sum s ul recovere y 1m or em on suc process hp;-> h l be d b, h' th h there shall be an immediate discharge of such vessel. Nothing in this or the preceding section shall prevent any fisherman from having his alction at common law for his share or shares of fish or the proceeds t ereof. _ Sec. 4395. There shall be appointed by the President, with the advice APP9*¤F¤¤¤¤* cf and consent of the Senate, from amonig the civil officers or employés of ‘£',;‘;':,;ff,;Y,:r‘;;s°f the Government, a commissioner of sh and fisheries, who shall be a ·———-—-L person of proved scientific and practical acquaintance with the fishes of N3_1é;b;l8;1i§°£· the coast, and who shall serve without additional salary. 594_ ’ ’’ ' Sec. 4396. The commissioner of fish and fisheries shall prosecute in- Dull? °f *}*9 vestigations and inquiries on the subjlect, with the view of ascertaining °.‘l° whet erdanly apd what dilmiputioré ig the npmber of the food-fighes of the N2Yé;b··;8;la§~<>;· coast an the akes of the United States as taken place- an, if so, to ‘ *“‘ · ‘ · ‘ what causes the same is due; and also whether any and what protective, 5% prohibitory, pr precautionary measures should be adopted in the prem- 1ses· and s a 1 report upon the same to Congress. _ Sino. 4397. The heads of the several Executive Departments shall ?tx°°“:"'°tO Dea cause to be rendered all necessary and practicable aid to the commis— f;,,e:lf°,,';§0nS_ m sioner in the prosecution of his investigations and inquiries. ig(·{jY ·— Sm. 4398. The commissioner may take or cause to be taken at all Powers of comtimes, in the waters of the sea—coast of the United States, where the tide ““°°'°“°"· ebbs and flows, and also in the waters of the lakes, such fish or specimens Ibid., s. 4. thereof as may in his judgment, from time to time, be needful oiéproper for the conduct of his duties, any law, custom, or usage of any tate to the contrary notwithstanding.