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to the Treasurer of the Province, or to any Deputy Treasurer at or near the port or place where such vessel may arrive, who are hereby severally authorized and required to demand and receive the same; and upon the neglect or refusal of any Master or person having charge, or of any Owner or Consignee of any such vessel so arriving as aforesaid, to pay the duties imposed by this Act, the same shall be recovered upon application to any one of His Majesty's Justices of the Peace at or near the place where such neglect or refusal shall take place, and levied by warrant of distress under the hand and seal of such Justice and sale of the guns, boats, tackle, apparel and furniture of such vessel, and the overplus (if any) after deducting costs of such distress and sale shall be paid to the Master or person having charge of such vessel.
IV. And be it further enacted, That all vessels which are wholly employed in the bay of Fundy, on either side thereof, as far southerly as Cape Sable and including Grand Manan, whether belonging to New Brunswick or Nova Scotia, shall be deemed coasters within the meaning of this Act; and all vessels which are generally employed in fishing on any of the fishing grounds upon the coasts of the British Provinces or Newfoundland, and when not so employed shall be otherwise wholly employed within the said bay of Fundy, and the limits prescribed for coasters, shall be deemed fishing vessels within the meaning of this Act: Provided always, that all such vessels making a voyage to any port or place without the said bay and limits aforesaid shall, upon their arrival at any port or harbour in the said bay of Fundy, from or after such voyage, be liable to the same duties as vessels which are not deemed coasters or fishing vessels, and upon the payment of such duty, agreeably to the tonnage of such vessel, the Master or person having charge of such vessel may on payment of the annual duty imposed upon coasters and fishing vessels receive a new coasting receipt, which the Treasurer or Deputy Treasurer, as the case may be, is hereby required to give; which receipt shall excuse such vessel from the payment of any further light duty until the first day of January next following the date thereof, unless the said vessel shall again sail beyond the limits prescribed for coasting and fishing vessels, in which case such vessel shall upon her arrival again from without such limits be again liable to the tonnage light duty, and may again, upon payment of the annual duty, resume her character as a coaster, and so on as often as such cases may happen: Provided also, that no vessel shall be deemed or taken to be a coasting or fishing vessel until the Master or person having charge shall have paid the annual duty imposed by this Act, and received a receipt for the same.
V. And be it further enacted, That receipts given by the treasurer or any deputy treasurer for the annual duty upon any coaster or fishing vessel, which receipt the said treasurer or deputy treasurer is hereby required to give, shall exempt such vessel from the payment of any further duty (except when such vessel shall have sailed beyond the limits prescribed for coasters and fishing vessels) until the first day of January following, after which date they shall be liable, upon their first arrival at any port or place within the Bay of Fundy, to the payment of the annual duty imposed in and by the second section of this Act.
No. 70.-1833, March 19: Statute of New Brunswick, 3 William IV,
An Act to amend an Act to provide for maintaining Light Houses within the
Bay of Fundy.
[Passed 19th March 1833.] I. Be it enacted by the Lieutenant Governor, Council and Asseinbly, I hat the second section of an Act made and passed in the second year of His Majesty's reign, intituled An Act to provide for maintuining Light Houses within the Bay of Pundy, be and the same is hereby repealed.
II. And be it enacted, That there be and are hereby granted to the King's most excellent Majesty, his Heirs and Successors, for the support of the several Light Houses already erected or which
may hereafter be erected upon any of the coasts of the bay of Fundy, or upon any of the islands or rocks in or adjacent thereto, a duty of four pence per ton for each and every ton which each and every vessel shall
admeasure agreeably to their registers, which shall arrive at 612 any port or place within the bay of Fundy, excepting coasters
and fishing vessels and new vessels not registered; and for registered coasters and fishing vessels as defined and described in and by the Act to which this Act is in amendment, when under thirty five tons, twelve shillings per annum; from thirty five to fifty tons, twenty five shillings per annum; from fifty to seventy five tons, thirty shillings per annum; and for all such vessels over seventy five tons, thirty five shillings per annum; Provided always, that vessels arriving from any port or place without the Bay of Fundy shall not be liable to pay the duties herein imposed more than once, notwithstanding they may in order to complete their voyages have occasion to visit several ports or places within the said bay; and provided also, that no ship or vessel shall be liable to pay the light duties herein imposed more than six times in any one year.
III. And be it enacted, that the several rates and duties imposed by this Act shall be levied, collected, paid, received, recovered and applied as directed in and by the provisions of the Act to which this Act is an amendment.
No. 71.-1834, March 22: Statute of New Brunswick, 4 William IV,
An Act further to continue the Laws relating to the Fisheries in the County of
[Passed 22d March 1834.1 “Whereas the laws now in force regulating the Fisheries in the County of Northumberland will expire on the Tenth day of May next;
I. Be it therefore enacted by the Lieutenant Governor, Council and Assembly, That an Act made and passed in the Thirty ninth year of the reign of His late Majesty King George the Third, intituled An Act for regulating the Fisheries in the County of Northumberland; and also an Act made and passed in the Fifty sixth year of the same reign, intituled An Act in Amendment of an Act, in tituled An Act for regulating the Fisheries in the County of Northumberland; and also an Act made and passed in the Fourth year of the reign of His late Majesty King George the Fourth, intituled An Act in further amendent of the Laws for regulating the Fisheries in the County of Northumberland, so far as the said Several Acts are now in force, be and the same are hereby continued and declared to be in force until the Tenth Day of May which will be in the year of our Lord One thousand eight hundred and thirty six.
No. 72.—1834, March 31: Extract from Statute of Nova Scotia,
4 William IV, Cap. 25.
An Act for the support and regulation of Light-Houses.
[Passed the 31st Day of March, 1834.) Be it enacted, by the President, Council and Assembly, That hereafter every ship or vessel, coming into any port or place in this province, from any port or place out of this province (save and except such ships and vessels as may be hereinafter particularly exempted, or such ships and vessels as are hereinafter mentioned, and upon which other specific duties are imposed,) shall pay a duty of four pence per ton for each and every ton of the registered burthen of such ship or vessel.
II. Provided always, and be it further enacted, That no such ship or vessel shall be required or liable to pay such duty more than once, and but at one port or place in this province in the course of one and the same voyage; but if such duty be demanded a second time in any other port or place, having been already paid, the master or other person having charge of such the said ship or vessel, shall produce to the person demanding the same, the certificate from the collector or other person entitled to receive the same, that such duty has already been paid at some port or place in this province, during the same voyage in which the said ship or vessel may then be engaged.
III. And be it further enacted, That all Coasting Vessels and Fishing Vessels shall pay annually as follows, that is to say—if not over Twenty Tons, registered burthen, Ten Shillings; if over Twenty Tons and not more than Fifty Tons, registered burthen, Twenty Shillings; and if over Fifty Tons and not above Seventy-Five Tons, registered burthen, thirty Shillings; and if over Seventy-five Tons, and not above One Hundred Tons registered burthen, Forty Shillings; and if over One Hundred Tons, and not more than One Hundred and Fifty Tons, registered burthen, Fifty Shillings; and if over One Hundred and Fifty Tons, registered burthen, Sixty Shillings, to be paid in each and every year as hereinafter directed.
IV. And be it further enacted, That no ship or vessel shall be deemed or taken to be a Coasting or Fishing Vessel, unless such ship or vessel shall be actually and wholly engaged and employed in the Fisheries, or in the Coasting Trade of this Province, or partly in the Fisheries, and partly in the Coasting Trade, and not otherwise.
XIV. And be it further enacted, That no ship or vessel shall be permitted or suffered to clear out at the Custom-House, from any
port, harbor, out-port or place in this Province, until the 613 master or Commander, or other peason having charge or com
mand of such ship or vessel, shall produce and exhibit to the Collector or other Officer of His Majesty's Customs, at the said port, harbor, out-port or place, a Certificate signed by the Collector authorized to collect the same, that the Duty or Duties hereby imposed on such ship or vessel have been fully paid and discharged.
No. 73.—1836, March 12: Statute of Nova Scotia, 6 William IV,
An Act relating to the Fisheries, and for the Prevention of Illicit Trade in the
Province of Nova-Scotia, and the Coasts and Harbors thereof.
[Passed the 12th day of March, 1836.] Whereas, by the Convention made between His late Majesty King George the Third and the United States of America, signed at London, on the Twentieth day of October, in the Year of Our Lord One Thousand Eight Hundred and Eighteen; and the Statute made and passed in the Parliament of Great Britain, in the Fifty-ninth Year of the Reign of His late Majesty King George the Third, all Foreign Ships, Vessels or Boats, or any Ship, Vessel or Boat, other than such as shall be navigated according to the Laws of the United Kingdom of Great-Britain and Ireland, found fishing, or to have been fishing, or preparing to fish, within certain distances of any Coasts, Bays, Creeks or Harbours whatever, in any part of His Majesty's Dominions in America, not included within the limits specified in the first article of the said Convention, are liable to seizure; And whereas, the United States did, by the said Convention, renounce forever any liberty enjoyed or claimed by the Inhabitants thereof, to take, dry or cure fish on or within three Marine Miles of any of the Coasts, Bays, Creeks or Harbours of His Britannic Majesty's Dominions in America, not included within the above mentioned limits; Provided however, that the American fishermen should be admitted to enter such Bays or Harbours for the purpose of shelter, and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever, but under such restrictions as might be necessary to prevent their taking, drying or curing Fish therein, or in any other manner whatever abusing the privileges thereby reserved to them; And whereas, no rules or regulations have been made for such purpose, and the interests of the Inhabitants of this Province are materially impaired; And whereas, the said Act does not designate the persons who are to make such seizure as aforesaidand it frequently happens that persons found within the distances of the Coasts aforesaid, infringing the articles of the Convention aforesaid, and the enactments of the statute a foresaid, on being taken possession of, profess to have come within said limits for the purpose of shelter, and repairing damages therein, or to purchase wood and obtain water, by which the law is evaded, and the vessels and cargoes escape confiscation, although the cargoes may be evidently intended to be smuggled into this Province, and the Fishery carried on contrary to said Convention and Statute:
I. Be it therefore enacted, by the Lieutenant-Governor, Council and Assembly, That, from and after the passing of this Act, it shall be lawful for the Officers of His Majesty's Customs, the Officers of Impost and Excise, the Sheriffs and Magistrates throughout this Province, and any person holding a Commission for that purpose from His Excellency the Lieutenant-Governor for the time being, to go on board any Ship, Vessel or Boat, within any Port, Bay, Creek or Harbour, in this Province; and also, to go on board of any Ship, Vessel or Boat, hovering within three Marine Miles of any of the Coasts, Bays, Creeks or Harbours thereof, and in either case freely to stay on board such Ship, Vessel or Boat, as long as she shall remain within such Port or distance, and if any such Ship, Vessel or Boat, be bound elsewhere, and shall continue so hovering for the space of twenty-four hours, after the Master shall have been required to depart, it shall be lawful for any of the above enumerated Officers or persons to bring such Ship, Vessel or Boat, into Port, and to search and examine her cargo, and to examine the Master upon oath, touching the Cargo and Voyage, and if there be any Goods on board prohibited to be imported into this Province, such Ship, Vessel or Boat, and the Cargo laden on board thereof, shall be forfeited, and if the said Ship, Vessel or Boat, shall be Foreign, and not navigated according to the Laws of Great-Britain and Ireland, and shall have been found Fishing, or preparing to Fish, or to have been Fishing, within such distance of such Coasts, Bays, Creeks or Harbours of this Province, such Ship, Vessel or Boat, and their respective Cargoes, shall be forfeited; and if the Master or person in command thereof shall not truly answer the questions which shall be demanded of him in such examination, he shall forfeit the sum of One Hundred Pounds.
II. And be it further enacted, That all Goods, Ships, Vessels and Boats, liable to forfeiture under this Act, shall and may be seized and secured by any such Officer of His Majesty's Customs, Officer of Impost and Excise, Sheriffs, Magistrates or other person holding such Commission, as aforesaid, and every person who shall in any way oppose, molest or obstruct, any Officer of the Customs, Officer of 'Impost and Excise, Sheriff, Magistrate or other person so commissioned and employed as aforesaid, in the exercise of his office, or shall in any way oppose, molest or obstruct any person acting in aid or assistance of such Officer of the Customs, Officer of Impost and Excise, Sheriff, Magistrate, or other person so commissioned and employed as aforesaid, shall, for every such offence, forfeit the sum
of Two Hundred Pounds. 614 III. And be it further enacted, that all Goods, Ships, Ves
sels and Boats, which shall be seized, as being liable to forfeiture under this Act, shall be taken forthwith and delivered into the custody of the Collector and Comptroller of the Custoins, at the Custom-House next to the place where the same were seized, who shall secure and keep the same in such manner as other Vessels and Goods seized are directed to be secured by the Commissioners of His Majesty's Customs.