IV. And be it further enacted, That all Goods, Ships, Vessels, Boats or other thing, which shall have been condemned as forfeited under this Act, shall, under the direction of the principal Officer of the Customs or Excise, where such seizures shall have been secured, be sold by Public Auction to the best bidder, and the produce of such sale shall be applied as follows, that is to say-the amount chargeable for the custody of said Goods, Ship, Vessel, Boat or any other thing so seized as aforesaid, shall be first deducted and paid, and the residue divided into two equal Moieties, one of which shall be paid to the Officer or other person or persons legally seizing the same, without deduction, and the other Moiety to the Government, and paid into the Treasury of this Province, all costs incurred having been first deducted therefrom. Provided always, that it shall be lawful for the Commissioners of the Revenue to direct that any of such things shall be destroyed or reserved for the public service.

V. And be it further enacted, That all penalties and forfeitures which may be hereafter incurred under this Act, shall and may be prosecuted, sued for and recovered, in the Court of Vice-Admiralty, having jurisdiction in this Province.

VI. And be it further enacted, That if any Goods, or any Ship, Vessel or Boat, shall be seized as forfeited under this Act, it shall be lawful for the Judge or Judges of any Court, having jurisdiction to try and determine such seizures, with the consent of the person seizing the same, to order the delivery thereof, on Security by Bond, with two sufficient Sureties, to be first approved by such seizing Officer or Person, to answer double the value of the same in case of condemnation, and such Bond shall be taken to the use of His Majesty, in the name of the Collector of the Customs in whose custody the Goods or Ship, Vessel or Boat, may be lodged, and such Bond shall be delivered and kept in the custody of such Collector, and in case the Goods or the Ship, Vessel or Boat, shall be condemned, the value thereof shall be paid into the hands of such Collector, who shall cancel such Bond, and distribute the Money paid in such manner as above directed.

VII. And be it further enacted, That no Suit shall be commenced for the recovery of any penalty or forfeiture under this Act, except in the name of His Majesty, and shall be prosecuted by His Majesty's Advocate or Attorney-General, or in his absence by the SolicitorGeneral for this Province, and if any question shall arise whether any person is an Officer of the Customs, Excise, Sheriff, Magistrate, or other person authorized to seize as aforesaid, viva voce evidence may be given of such fact, and shall be deemed legal and sufficient evidence.

VIII. And be it further enacted, That if any Goods, Ship, Vessel or Boat, shall be seized for any cause or forfeiture under this Act, and any dispute shall arise, whether the same have been lawfully seized, the proof touching the illegality thereof shall lie on the owner or claimant of such Goods, Ship, Vessel or Boat, and not on the Officer or person who shall seize and stop the same.

IX. And be it further enacted, That no claim to any thing seized under this Act, and returned into His Majesty's Court of Vice-Admiralty for adjudication, shall be admitted, unless such claim be entered in the name of the Owner, with his residence and occupation, nor unless oath to the property in such thing be made by the owner

or by his Attorney or Agent by whom such claim shall be entered, to the best of his knowledge and belief, and every person making a false oath thereto shall be deemed guilty of a misdemeanor, and shall be liable to the pains and penalties to which persons are liable for a misdemeanor.

X. And be it further enacted, That no person shall be admitted to enter a claim to any thing seized in pursuance of this Act, and prosecuted in this Province, until sufficient security shall have been given, in the Court where such seizure is prosecuted, in a penalty not exceeding Sixty Pounds, to answer and pay the costs occasioned by such claim, and in default of giving such security such things shall be adjudged to be forfeited, and shall be condemned.

XI. And be it further enacted, That no Writ shall be sued out against, nor a copy of any Process served upon, any Officer of the Customs, Excise, Sheriff, Magistrate, or other person authorized to seize as aforesaid, for anything done in the exercise of his office, until one calendar month after notice in writing shall have been delivered to him or left at his usual place of abode, by the Attorney or Agent of the Party who intends to sue out such Writ or Process, in which notice shall be clearly and explicitly contained the cause of action, and the name and place of abode of the Attorney or Agent, and no evidence of the cause of such action shall be produced, except of such as shall be contained in such notice, and no verdict shall be given for the Planitiff unless he shall prove on the trial that such notice was given, and in default of such proof, the Defendant shall receive in such action a verdict and costs, or judgment of nonsuit shall be awarded against the Plaintiff, as the Court shall direct.

XII. And be it further enacted, That every such action shall be brought within three calendar months after the cause thereof, and shall be laid and tried in any of His Majesty's Courts of Record in this Province, and the Defendant may plead the general issue, and give the special matter in evidence; and, if the Plaintiff shall become non-suited, or shall discontinue the Action, or if, upon a verdict or demurrer, judgment shall be given against the Plaintiff, the Defendant shall receive rebel costs, and have such remedy for the same as any Defendant can have in other cases where costs are given by Law.

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XIII. And be it further enacted, That in case any Information or Suit shall be brought to Trial, on account of any seizure made under this Act, and a verdict shall be found for the Claimant thereof, and the Judge or Court before whom the Cause shall have been tried, shall certify on the Record that there was probable cause of seizure, the Claimant shall not be entitled to any costs of Suit, nor shall the person who made such seizure be liable to any Action, Indictment or other Suit or Prosecution, on account of such seizure, and if any Action, Indictment or other suit or prosecution, shall be brought to Trial against any person on account of such seizure, wherein a verdict shall be given against the Defendant, the Plaintiff, besides the thing seized, or the value thereof, shall be entitled to no more than Two Pence damages, nor to any costs of Suit, nor shall the Defendant in such Prosecution be fined more than One Shilling. XIV. And be it further enacted, That it shall be lawful for any such Officer of the Customs, Excise or Sheriff, or Magistrate, or other Person authorized to seize as aforesaid, within one calendar

month after such notice, to tender amends to the party complaining or his Agent, and to plead such tender in bar to any Action, together with other Pleas, and if the Jury shall find the amends sufficient they shall give a verdict for the Defendant, and in such case, or in case the Plaintiff shall become non-suit, or shall discontinue his Action, or Judgment shall be given for the Defendant upon demurrer, then such Defendant shall be entitled to the like costs as he would have been entitled to in case he had pleaded the general issue only: Provided always, that it shall be lawful for such Defendant, by leave of the Court where such Action shall be brought, at any time before or after issue joined, to pay money into Court as in other Actions.

XV. And be it further enacted, That in any such Action, if the Judge or Court before whom such Action shall be tried, shall certify upon the record that the Defendant or Defendants in such Action acted upon probable cause, then the Plaintiff in such Action shall not be entitled to more than Two Pence damages, nor to any costs of Suit.

XVI. And be it further enacted, That all Actions or Suits for the recovery of any of the penalties of forfeitures imposed by this Act, may be commenced or prosecuted at any time within three years after the offence committed, by reason whereof such penalty of forfeiture shall be incurred, any law, usage or custom, to the contrary notwithstanding.

XVII. And be it further enacted, That no appeal shall be prosecuted from any decree or sentence of any of His Majesty's Courts in this Province, touching any penalty or forfeiture imposed by this Act, unless the Inhibition shall be applied for and decreed within twelve months from the time when such decree or sentence was pronounced.

XVIII. And be it further enacted, That this Act shall not go into force or be of any effect until His Majesty's assent shall be signified thereto, and an order made by His Majesty, in Council, that the clauses and provisions of this Act shall be the rules, regulations and restrictions, respecting the Fisheries on the Coasts, Bays, Creeks or Harbours, of the Province of Nova-Scotia."

No. 74.-1836, March 21: Extract from Statute of Lower Canada, 6 William. IV, cap. 57.

An Act for the better Regulation of the Fisheries in the Inferior District of Gaspé.

[21st March, 1836.]

Whereas the Fisheries in the Inferior District of Gaspé are of great importance to the Trade of this Province:-Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Lower-Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of GreatBritain, intituled, " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, “An Act for

• See British order in council of July 6, 1836, Appendix, p. 571.

making more effectual provision for the Government of the Province of Quebec, in North America," and to make further provision for the Government of the said Province ";-and it is hereby enacted by the authority of the same, that all and every His Majesty's subjects, shall peaceably have, use and enjoy the freedom of taking bait, and of fishing in any river, creek, harbour or road, with liberty to go on shore on any part within the Inferior District of Gaspé, between Cape Chat, on the south side of the River Saint Lawrence, and the first rapid of the River Ristigouche, within the said District, and on the Island of Bonaventure, opposite to Percé, for the purpose of salting, curing and drying their fish, to cut wood for making and repairing stages, flakes, hurdles, cook-rooms, and other purposes necessary for preparing their fish for exportation, or that may be useful to their fishing trade, without hindrance, interruption, denial or molestation from any person or persons whomsoever. Provided such river, creek, harbour or road, or the land upon which such wood may be cut, doth not lie within the bounds of any private property, by grant from His Majesty, or other title proceeding from such grant by His Majesty, or by grant made prior to the year one thousand seven hundred and sixty, or held under and by virtue of any location certificate, or title derived from any such location certificate, or in virtue of any title derived under any Act of the Legislature of this Province.

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II. And be it further enacted by the authority aforesaid, that the Master or Commander of any Vessel fitted out from the United Kingdom of Great-Britain and Ireland, or the Dominions thereunto belonging, may take possession of so much of the unoccupied beach, within the aforesaid Inferior District of Gaspé, as may be necessary for curing his fish, and preparing it for exportation; and to retain and enjoy the same, so long as he shall not leave it unoccupied, for the space of twelve calendar months; in which case it shall be lawful for any other person or persons to take possession thereof, in part or the whole, for the same purposes, and on the same condition. Provided that such beach be not private property, by grant from His Majesty, or other title proceeding therefrom, or by grant prior to the year one thousand seven hundred and sixty, or held under and by virtue of any location certificate or title derived therefrom, or in virtue of any title derived under any Act of the Legislature of this Province. Provided also that such new occupier shall, when thereunto required by the preceding possessor, or his lawful Attorney, the demand being made within one year after possession taken, pay him for such parts of the flakes and stages as such new occupier shall take possession of And provided further, that the said preceding possessor, not having been paid as aforesaid, may remove any building, or other improvement erected or made by him on the unoccupied beach as aforesaid, so that such removal be not made during and before the close of the fishing season, in which the new occupier shall have taken possession.

III. And be it further enacted by the authority aforesaid, that no ballast, or any thing else injurious or hurtful to any of the rivers, harbours or roads within the said Inferior District of Gaspé, shall be thrown out of any vessel, or discharged into any stream, bason or road in the said Inferior District; but that the same shall be carried on shore, and deposited where no public or private injury may be

sustained thereby. Nor shall any person or persons throw any fish guts, offals or gurry overboard, within the distance of six leagues from the shore and Islands of the Inferior District of Gaspé aforesaid, nor on any bank, under the penalty of twenty pounds current money of this Province.

IV. And be it further enacted by the authority aforesaid, that no person or persons shall cast anchor near the shore, or do any thing within the aforesaid limits, so as to annoy or obstruct the hauling of Seines, or to obstruct or prevent the setting of Nets, nor shall any Nets, be set or placed so as to prevent or obstruct the hauling of Seines, under the penalty of five pounds, current money of this Province, for every such offence, exclusive of such damages as may be recovered at law by the proprietor or proprietors of the Seines or Nets which may be thereby injured or destroyed.

XXIII. And be it further enacted by the authority aforesaid, that it shall be lawful for the several Grand Juries for the said Inferior District of Gaspé, at their General Sessions of the Peace, upon the recommendation and with the concurrence of the Justices of the Peace attending the Session, or a majority of them, to make for the temporary and local regulation of the Fisheries in the said Inferior District, such further rules and regulations as to them shall appear most expedient for the general welfare and advantage of the said Fisheries, not being contrary to the intent and meaning of this Act. XXIV. Provided always, and be it further enacted by the authority aforesaid, that no rule or regulation that may be so as aforesaid made, shall have force or effect until the same shall have been approved and sanctioned by the Provincial Court in and for the Inferior District of Gaspé, duly notified in the Quebec Gazette,

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No. 75.-1838, March 29: Statute of Nova Scotia, 1 Vict., Cap. 21. An Act to amend the Act for the Support and Regulation of Light-houses.

[Passed the 29th day of March, 1838.] Whereas, certain Vessels owned and registered in this Province, partially employed in the Coasting Trade thereof, and which consequently pay duty as Coasting Vessels, under the Act passed in the fourth year of the reign of His late Majesty King William the Fourth, entitled, An Act for the Support and regulation of Light houses, sometimes are engaged in Voyages to the Island of Newfoundland, when they are charged with duties upon their Tonnage, as other Vessels than Coasting Vessels are charged, which creates a greater expense than the Trade carried on in such Vessels can sustain. And whereas, certain other vessels owned and registered as aforesaid, are advantageously employed in voyages from this Province to certain Ports in the United States of America, between Mount Desert and Cape Cod, which are also charged with Tonnage Duties under the said Act, upon each voyage made, whereby such last mentioned Vessels are also exposed to a greater outlay for such duties than ought to be fairly charged upon the Trade carried on by them as