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aforesaid. And whereas, it is therefore expedient to charge upon both the above classes of Vessels a specific and certain duty in fieu of all other duties by the said Act payable:
I. Be it therefore enacted, by the Lieutenant-Governor, Council and Assembly, That every Vessel owned and registered in this Province, of the Registered Burthen of seventy-five tons, or less than seventy-five tons, which shall be partly employed in the Coasting Trade of this Province, or in the Fishery, and partly in the Trade between this Province and the Island of Newfoundland, and every Vessel so owned and Registered in this Province, and of the burthen of seventy-five tons, or less than seventy-five tons, as aforesaid, and which shall be partly engaged in such Coasting Trade or Fishery, and partly in the Trade from this Province to any Port or Ports in the United States of America, between Mount Desert and Cape
Cod, or which may be wholly engaged in such last mentioned 617 Trade, shall pay an annual duty of Forty Shillings and no
more, to be paid, levied, secured and recovered, at the time, in the manner, by the same ways and means, and under the same liabili. ties, forfeitures and penalties, as the duty imposed by the Act hereinbefore referred to, upon Coasting or Fishing Vessels, is thereby directed to be paid, levied, secured and recovered. Provided always, that in every case where a Vessel shall have paid duty as a Coasting or Fishing Vessel, as by the said Act is directed, and shall afterwards become liable to duty under this Act in the same year, then such Vessel shall only be required and compelled to pay the difference between the duty already paid by said Vessels, and the duty by this Act imposed thereon.
II. And be it further enacted, That this Act shall continue and be in force for one year from the passing hereof, and from thence to the end of the then next Session of the General Assembly.
No. 76.-1843, April 15: Statute of Prince Edward Island, 6 Vict.,
An Act relating to the Fisheries, and for the prevention of illicit Trade in Prince
Edward Island and the Coasts and Harbors thereof.
[Passed April 15th, 1843.] 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 fi:hing, or to have been fishing, or preparing to fish, within certain distances of any coasts, bays, creeks or harbors 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 for ever, 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 harbors 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 harbors for the purpose of shelter, and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purposes 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 Island, are materially impaired: and whereas the said Act does not designate the persons who are to make such seizure as a foresaid, and it frequently happens, that persons found within the distances of the coasts aforesaid, infringing the articles of the convention a foresaid, and the enactments of the statute aforesaid, 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 Island, and the fishery carried on, contrary to the said convention and statute: 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 Her Majesty's Customs, the Officers of Impost and Excise, the Sheriffs and Magistrates throughout this Island, 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 harbor in this Island, and also to go on board any ship, vessel or boat hovering within three marine miles of any of the coasts, bays, creeks or harbors 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 Island, 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 law 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 harbors of this Island, 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 Her 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 Customs, officer of Impost and 618 Excise, Sheriff, Magistrate, or other person so commissioned
and employed as aforesaid, shall, for every such offence, forfeit the sum of Two hundred pounds.
III. And be it further enacted, That all Goods, Ships, Vessels 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 of Customs, 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 Her Majesty's Customs.
IV. And be it further enacted, That all Goods, Ships, Vessels, Boats or other things, 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 seizure shall have been secured, be sold by Public Auction, to the best bidder, and the produce of such sale 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 Island—all costs incurred having been first deducted therefrom. Provided always, that it shall be lawful for the Lieutenant Governor, in Council, 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 Island.
VI. Ånd 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 Her Majesty, in the name of the Collector of the Customs in whose custody the Goods, or Ship, Vessel or Boat may be lodged, and súch Bond shall be delivered and kept in the custody of such Collector; and in case the Goods, or 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 is 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 Her Majesty, and shall be prosecuted by Her Majesty's Advocate or Attorney General, or, in his absence, by the Solicitor General, for this Island; 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 it shall be deemed legal and sufficient evidence.
VII. (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 be 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 Her 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 Island, 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 authorised to seize as aforesaid, for any thing 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 person who is to bring such action, and the name and place of abode or [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 Plaintiff 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 her Majesty's Supreme Court of Judicature for this Island, and the Defendant may plead the general issue, and give the special matter in evidence; and if the Plaintiff shall become nonsuited, or shall discontinue the action, or if upon a verdict or demurrer, Judgment shall be given against the Plaintiff, the Defendant shall receive treble costs, and have such remedy for the same as any Defendant can have in other cases where costs are given by
law. 619 XIII. And be it further enacted, That in case any in
formation 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 any such seizure; and if any such 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, authorised 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 nonsuit, 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 actior: 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 or forfeitures imposed by this Act, may be commenced or prosecuted at any time within Three Years after the offence was committed by reason whereof such penalties or forfeitures shall be incurred, any law, usage or custom to the contrary not withstanding.
XVII. And be it further enacted, That no appeal shall be prosecuted from any Decree or Sentence of any of Her Majesty's Courts in this Island, touching any penalty or forfeiture imposed by this Act, unless the inhibition shall be applied for and decree 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 Her Majesty's assent shall be signified thereto, and an order made by Her Majesty in Council, that the clauses and provisions of this Act shall be the rules, regulations and