restrictions respecting the fisheries on the coasts, bays, creeks or harbors of the Island of Prince Edward."

No. 77.-1845, April 14: Statute of Nova Scotia, 8 Vict., Cap. 22.

An Act Concerning the Support and Regulation of Light Houses.

[Passed the 14th day of April, A. D. 1845.]

Be it enacted, by the Lieutenant Governor, Council and Assembly, That after this Act shall come into operation, every Ship or Vessel registered in this Province, shall, when first cleared at any Custom House in this Province, pay to the Collector or Sub-Collector of Her Majesty's Customs, a Duty of Six Pence, Currency, per ton, for each and every ton of the Registered Burthen of such Ship or Vessel, and on receipt of such payment the Collector or Sub-Collector of Her Majesty's Customs, at the Port where such Ship or Vessel shall so clear, shall deliver to the master of such Ship or Vessel a Certificate that all Light Duty has been paid, and such Ship or Vessel shall be exempt from any further payment to the Thirty-first day of March following the date of such Certificate: Provided always, that nothing in this Act contained shall be held to compel the Owner or Master of any New Vessel departing out of this Province intended for Sale, and on her first Voyage, to pay any of the Duties charged in this Act, unless the said Vessel shall again enter into this Province.

II. And be it enacted, That hereafter every other Ship or Vessel coming into any Port or Place in this Province, from any Port or Place out of this Province, shall pay a Duty of Six Pence, Currency, per ton, for each and every ton of the Registered Burthen of such Ship or Vessel, to the Collector or Sub-Collector of Her Majesty's Customs at the Port or Place in this Province where such Ship or Vessel shall arrive, at the time of Entry of such Ship or Vessel, and be entitled to a Certificate as aforesaid, and the exemption aforesaid. III. And be it enacted, That in any port, place, or district where no such Collector or Sub-Collector of customs is or may be appointed, then the duties by this Act imposed shall be, and the same are hereby declared to be payable, and shall be paid to the collector of impost and excise for the said port, place or district, who is hereby authorised, empowered, and directed to demand and receive the same. IV. Provided always, and be it enacted, That in all cases where any officer of Her Majesty's Customs other than the collector or sub-collector at any port, place, or district in this province, shall now hold the situation of collector of light duty in and for such port, place or district, or any part or portion thereof, such officer of the customs shall in all cases continue to act as such collector of light duties, so long as he shall continue to hold such or any other situation in the customs at such port, place or district, and shall have all and the same powers, and be subject and liable to the same rules and regulations as any other collector under this Act, and the collector or sub-collector of the customs at such port, place, or district,

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• This Act received the Royal allowance on the 3rd day of September, 1844 (see Appendix, pp. 571-2).

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shall not act as collector of light duties thereat, or in any way concern himself in the collection of such light duties, any thing hereinbefore contained to the contrary notwithstanding.

V. And be it 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 master or Commander, or other person having charge or command of such Ship or Vessel shall have paid the Duties hereby imposed on such Ship or Vessel.

VI. And be it enacted, That if any collector, sub-collector, or other person, shall be sued or prosecuted for or by reason of any thing by such collector, sub-collector, or other person, done or committed under and in pursuance of this Act, it shall and may be lawful for such collector, sub-collector, or other person, to plead the general issue, and to give this Act and the special matter in evidence.

VII. And be it enacted, That nothing in this Act shall extend, or be construed to extend to any of Her Majesty's Ships of War, or Her Majesty's Packets, or to any ship or vessel actually engaged and employed as a transport or store ship for the transport or conveyance of Her Majesty's troops or military stores, or otherwise in the employment or service of Her Majesty's Government.

VIII. And be it enacted, That all monies collected and received under and by virtue of this Act, shall be paid by the several collectors, sub-collectors, or other persons collecting and receiving the same, after deducting thereout five pounds per cent on the amount received, to be retained by the said collectors, sub-collectors, or other persons respectively, as and for their commission for receiving the same, into the Treasury of this province, to be applied as hereinafter mentioned. IX. And be it enacted, That if any master or commander, or other person having charge or command of any ship or vessel coming or being in any port, harbor, or place, or in the strait of Canso in this province, which shall be liable to pay any duties under this Act, shall, upon the same being demanded, refuse to pay the said duty or duties, or shall depart from such port, harbor, or place, or the strait of Canso, in this province, without first paying the said duty or duties, such master, commander, or other person having charge or command of any such ship or vessel, shall forfeit and pay over and above the said duty or duties, the penalty or sum of five pounds, to be recovered, together with the said duty or duties, by bill, plaint, or information, at the suit of the collector or sub-collector of the customs, or in case of there being no such collector or sub-collector, at the suit of the collector of impost and excise, or collector of light duties, in any court of record in this province, or before any two of Her Majesty's Justices of the Peace-one half of such penalty to be paid to the collector or other person who shall sue for the same, and the other half to be by him paid and applied in the like manner as the duties hereby imposed are directed to be paid and applied.

X. And be it enacted, That if any master or commander, or other person having charge or command of any ship or vessel liable to pay any duty or duties under this Act, shall neglect or refuse to pay such duty or duties, after the same shall have been duly demanded, it shall and may be lawful for the collector or sub-collector of the customs, or if there be no such collector or sub-collector, for the collector of impost and excise, or collector of light duties, to seize and take possession of, and detain in his custody such ship or vessel, until the said

duty or duties, together with the said penalty of five pounds, shall be fully paid and discharged.

XI. And be it enacted, That it shall and may be lawful for the Governor Lieutenant Governor, or Commander in Chief for the time being, by and with the advice of the Executive Council, from time to time, and so often as he shall think proper to appoint fit and proper persons to be collectors of the duties by this Act imposed in the Strait of Canso, and in the several ports, harbors, creeks, and rivers in this province, and to describe the particular limits of each collector's authority and jurisdiction, in the commission or commissions to be granted for that purpose: Provided always, that it shall not be deemed or adjudged to be necessary to make any new appointment in or for any port, place, or harbor, where there shall be at the time of the passing of this Act a collector or sub-collector of Her Majesty's Customs, or collector of impost and excise appointed and in office; and such collectors of light duties when so appointed shall have like powers under this Act with the collectors and sub-collectors of customs, and collectors of impost and excise aforesaid, and shall be entitled to the sum of seven pounds and ten shillings per cent. of the amount collected, instead of five pounds per cent. as hereinbefore provided.

And whereas, the passages to the Gulf of Saint Lawrence are rendered safe by the erection of light houses at the north and south entrances of the Strait of Canso, and on the island of Saint Paul, and it is just that vessels deriving benefit from said lights should contribute to their support:

XII. Be it enacted, That hereafter every ship or vessel passing through the Straits of Canso without the certificate aforesaid, shall pay a duty of six pence, currency per ton, for each and every ton of the registered burthen of such ship or vessel, which duty shall be paid by every ship or vessel liable to pay the same after entrance and before departure from said Strait of Canso, and such ship or vessel on such payment shall be entitled to a certificate as aforesaid, signed by the collector or other person to whom payment is made, and the exemption aforesaid.

XIII. And be it enacted, That if any such duty be demanded from any ship or vessel exempted on payment of annual duty, and it shall appear that any sum had been paid since the first day of January in this present year of our Lord one thousand eight hundred and 621 forty-five, it shall be incumbent on the collector or sub-collector of Her Majesty's customs, or other person entitled to demand said duties, on production of the certificate of some collector or other person now entitled to receive such dues, to deduct the amount so paid, and on receipt of the difference between the amount paid and six pence, currency, per ton, to grant the certificate aforesaid.

XIV. And be it enacted, That the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, and eighteenth clauses of an 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; also, an Act, passed, in the first year of the reign of Her present Majesty Queen Victoria, in amendment of said Act; also, an Act, made and passed in the sixth year of the reign of Her present Majesty, in amendment of, and additional to, the said two several

Acts, shall be repealed, and the said several clauses, and the said several Acts, and every matter, clause, and thing therein contained, are hereby respectively repealed.

XV. And be it enacted, That 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, and every matter, clause and thing, therein contained, save and except the several clauses or sections thereof which are hereinbefore repealed, and also except as altered or amended by this Act, shall be continued, and the said Act, except as aforesaid, is hereby continued in full force and operation until the thirty-first day of March, which will be in the year of Our Lord one thousand eight hundred and forty-six, and no longer.

XVI. And be it enacted, That this Act shall continue and be in force until the thirty-first day of March, which will be in the year of Our Lord one thousand eight hundred and forty-six, and no longer.

No. 78.-1852, April 3: Statute of Prince Edward Island, 15 Vict., Cap. 27.

An Act relating to Light and Anchorage Duties.

[April 3, 1852.]

Be it enacted, by the Lieutenant Governor, Council and Assembly, as follows:

I. For each and every vessel registered in this island, which shall hereafter, on its first voyage, sail from any port, place in this island for any other port, place or country whatsoever, there shall be paid a light duty of six-pence per ton for each and every ton which such vessel shall admeasure, agreeably to its register-the same to be paid to the Controller of Navigation Laws at the port or place from which such vessel sails, or to such other person or persons as now are or hereafter may be appointed by the Administrator of the Government of this Island for the time being to receive the same, who shall deliver to the master a certificate thereof, agreeably to a Form in the Schedule to this Act annexed, marked (A), which shall exempt the said vessel from further payment of light or anchorage duty in the same or any other port in this Island, until the First day of January next after such payment, but no longer; and such vessel shall not be cleared at the custom house without the production of such certificate; but new vessels leaving this island on their first voyage, and intended for sale, shall only be liable to pay two-pence per ton duty, unless they again return, when they shall immediately become liable to the full duty as aforesaid.

II. All other vessels coming into any port or place in this Island shall pay, on entry, six-pence per ton as aforesaid, to the Controller of Navigation Laws, or other person appointed as herein before mentioned, who shall grant a certificate thereof, agreeably to the Form in the Schedule to this Act annexed, marked (A), which shall exempt them from further payment of light or anchorage duty in that or any other port in this Island, until the first day of January next after such payment, but no longer.

III. All vessels anchoring within any harbour or port in this island, whether for shelter, to take in supplies or otherwise, without the certificate aforesaid, shall pay six-pence per ton to the harbour master of the port or harbour, who shall grant a certificate thereof, agreeably to the Form in the Schedule to this Act annexed, marked (A), which shall exempt them from further payment of anchorage duty, or light duty, in that or any other port or harbour in this Island until the first day of January next, after such payment, but no longer.

IV. The person receiving any of the duties aforesaid, shall, quarterly, make a return in writing of the amount received by him to the treasurer of this Island, and shall make and subscribe, at the foot of each return, an affidavit of the correctness thereof, in the Form in the Schedule to this Act annexed, marked (B.), set forth, to be sworn before a justice of the peace; and he shall also, at the time of making such return, pay the amount so received by him into the treasury of this Island, to be applied to the purposes specified in the Act of the eighth Victoria, chapter three, intituled An Act to make new provisions for the support of Light Houses, Buoys and Beacons, and to which the duties imposed by that Act are thereby applied; and such person shall for his services be paid twenty pounds per centum on all moneys so received and paid over by him as aforesaid, for anchorage duties, and seven and one-half pounds per centum on all moneys so received and paid over by him as aforesaid, for light duties.

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V. If the master of any vessel liable to any duties hereunder, shall, on demand, refuse to pay or shall depart without paying the same, he shall forfeit five pounds in addition to the amount of duties; and the Controller of Navigation Laws, or person so appointed as aforesaid in the case of light duties, or the harbour master in the case of anchorage duties, is hereby authorized, in his own name as such officer, to sue for and recover such fine and duty before any one of Her Majesty's justices of the peace-which justice is hereby directed and required, on the oath being made by any such officer as aforesaid, to cause a capias to be issued for the recovery of the same, and immediately to proceed and adjudicate on the same; and if the amount of the judgment given by such justice, and the costs and expenses, be not at once paid after the giving of such judgment, then the defendant shall be imprisoned for the same length of time, in proportion to the amount of the judgment, as he would have been under an execution issuing out of any court for the recovery of small debts, constituted, or to be constituted, under any Act now or hereafter, for the time being, to be in force, on a judgment of a similar amount recovered therein.

VI. If the master of any vessel shall not pay any such duty when duly demanded, the officer shall, and he is hereby fully authorized to seize such vessel, or any part of her materials, and to employ other persons to assist him in doing the same, and to detain such vessel or materials until the duty due and the expenses thereon are paid.

VII. The remedies for the recovery of the duties and penalties aforesaid, given by the two last sections of this Act, may be both pursued, and at the same time, or at different times, or one only may be pursued, or otherwise, as the officer collecting the same may think fit. VIII. So much of the Act of the eighth year of Her present Majesty's reign, chapter three, intituled An Act to make new provisions for the support of light houses, buoys and beacons, as relates