fine and duty before any one of Her Majesty's Justices of the Peace; which Justice is hereby directed and required, on 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. VII. If the master of any vessel shall not pay any such duty or duties when duly demanded, or if such master shall conceal himself, or cannot be found on inquiry made on board such vessel, or if such master shall refuse to exhibit and show forth the certificate of registry or enrollment of such vessel, or any of the vessel's papers, showing the tonnage of such vessel, when demanded by any officer acting under this Act, such officer shall, and he is hereby authorized to seize such vessel or any part of her rigging, furniture or materials, and to employ other persons in doing the same, and to detain such vessel or materials until the duty or duties due and the expenses thereon are paid. VIII. 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 different times, or only one may be pursued, or otherwise, as the officer collecting the same may think fit. IX. So much of the Act of the eighth year of Her present Majesty's reign, chapter three, intituled "An Act to make new provision for the support of lighthouses, buoys and beacons," as relates to and establishes the rates of light duties to be paid on account of vessels clearing from or entering at any port or place in this Island; and also the whole of the Act of the eleventh year of Her present Majesty's reign, chapter eleven, intituled "An Act to explain and amend an Act made and passed in the eighth year of the reign of Her present Majesty, intituled 'An Act to make new provisions for the support of lighthouses, buoys and beacons,"" be, and the same are hereby respectively repealed. X. If any person shall assault, resist, molest, oppose, hinder, or obstruct any Controller of navigation laws or harbor master in the exercise of his office, or of any of the powers by this Act conferred upon him, or any person acting in his aid or assistance, such person shall forfeit and pay a fine not exceeding ten pounds, the same to be sued for and recovered in Her Majesty's name before any two of Her Majesty's Justices of the Peace for the County wherein the offence was committed, and if not paid on conviction, the offender shall be imprisoned for a period not exceeding six months. XI. This Act shall continue and be in force for the space of ten years from the passing thereof, and from thence to the end of the then next session of the General Assembly, and no longer. No. 83.-1868, May 22: Statutes of Canada, 31 Vict. Cap. 61 (1868, Part II). An Act respecting Fishing by Foreign Vessels. [Assented to 22nd May, 1868.] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Governor may, from time to time, grant to any foreign ship, vessel or boat, or to any ship, vessel or boat not navigated according to the laws of the United Kingdom, or of Canada, at such rate, and for such period not exceeding one year, as he may deem expedient, a license to fish for or take, dry or cure any fish of any kind whatever, in British waters, within three marine miles of any of the coasts, bays, creeks or harbours whatever, of Canada, not included within the limits specified and described in the first article of the convention between His late Majesty King George the Third and the United States of America, made and signed at London on the twentieth day of October, 1818. 629 2. Any commissioned officer of Her Majesty's Navy serving on board of any vessel of Her Majesty's Navy cruising and being in the waters of Canada for purpose of affording protection to Her Majesty's Subjects engaged in the fisheries, or any commissioned officer of Her Majesty's Navy, Fishery officer, or Stipendiary Magistrate on board of any vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the fisheries, or any officer of the Customs of Canada, Sheriff, Magistrate or other person duly commissioned for that purpose, may go on board of any ship, vessel or boat within any harbour in Canada or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks or harbors in Canada, and stay on board so long as she may remain within such place or distance. 3. If such ship, vessel or boat be bound elsewhere, and shall continue within such harbour or so hovering for twenty-four hours after the Master shall have been required to depart, any one of such officers or persons as are above mentioned may bring such ship, vessel or boat into port and search her cargo, and may also examine the Master upon oath touching the cargo and voyage; and if the Master or person in command shall not truly answer the questions put to him in such examination, he shall forfeit four hundred dollars; and if such ship, vessel or boat be foreign, or not navigated according to the laws of the United Kingdom or of Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks or harbours of Canada, not included within the above mentioned limits, without a license, or after the expiration of the period named in the last license granted to such ship, vessel or boat under the first section of this Act, such ship, vessel or boat and the tackle, rigging, apparel, furniture, stores and cargo thereof shall be forfeited. 4. All goods, ships, vessels and boats and the tackle, rigging, apparel, furniture, stores and cargo liable to forfeiture under this Act, may be seized and secured by any officers or persons mentioned in the second section of this Act; and every person opposing any officer or person in the execution of his duty under this Act, or aiding or 92909°-S. Doc. 870, 61-3, vol 5-15 abetting any other person in any opposition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanor, and upon conviction be liable to imprisonment for a term not exceeding two years. 5. Goods, ships, vessels and boats and the tackle, rigging, apparel, furniture, stores and cargo seized as liable to forfeiture under this Act, shall be forthwith delivered into the custody of the Collector or other principal officer of the Customs at the port nearest to the place where seized, to be secured and kept as other goods, ships, vessels and boats and the tackle, rigging, apparel, furniture, stores and cargo seized are directed by the laws in force in the Province in which such port is situate to be secured and kept, or into such other custody and keeping as the Governor in Council, or a court of Vice-Admiralty shall order. 6. All goods, vessels and boats and the tackle, rigging, apparel, furniture, stores and cargo, condemned as forfeited under this Act shall, by direction of the Collector or other principal officer of the Customs at the port where the seizure has been secured, be sold at public auction; and the proceeds of such sale shall be applied as follows: The amount chargeable for the custody of the property seized shall first be deducted and paid over for that service; one half of the remainder shall be paid without deduction to the officer or person seizing the same; and the other half, after first deducting therefrom all costs incurred, shall be paid to the Receiver General of Canada through the Department of Marine and Fisheries; but the Governor in Council may, nevertheless, direct that any ship, vessel, boat or goods and the tackle, rigging, apparel, furniture, stores and cargo seized and forfeited shall be destroyed, or be reserved for the public service. 7. Any penalty or forfeiture under this Act may be prosecuted and recovered in any court of Vice-Admiralty within Canada. 8. The Judge of the court of Vice-Admiralty may, with the consent of the person seizing any goods, ship, vessel or boat and the tackle, rigging, apparel, furniture. stores and cargo, as forfeited under this Act, order the re-delivery thereof, on security by bond to be given by the party, with two sureties, to the use of Her Majesty: and in case any goods, ship, vessel or boat or the tackle, rigging, apparel, furniture, stores and cargo so re-delivered is condemned as forfeited, the value thereof shall be paid into court and distributed as above directed. 9. Her Majesty's Attorney General for Canada may sue for and recover in Her Majesty's name any penalty or forfeiture incurred under this Act. 10. In case a dispute arises as to whether any seizure has or has not been legally made or as to whether the person seizing was or was not authorised to seize under this Act, oral evidence may be heard thereupon, and the burden of proving the illegality of the seizure shall be upon the owner or claimant. 11. No claim to any thing seized under this Act and returned into any Court of Vice Admiralty for adjudication shall be admitted unless the claim be entered under oath, with the name of the owner, his residence and occupation, and the description of the property claimed; which oath shall be made by the owner, his attorney or agent, and to the best of his knowledge and belief. 12. No person shall enter a claim to any thing seized under this Act until security has been given in a penalty not exceeding two hundred and forty dollars to answer and pay costs occasioned by such claim; and in default of such security the things seized shall be adjudged forfeited, and shall be condemned. 13. No Writ shall be sued out against any officer or other person authorized to seize under this Act for any thing done under this Act, until one month after notice in writing delivered to him or left at his usual place of abode by the person intending to sue out such Writ, his attorney or agent; in which notice shall be contained the cause of action, the name and place of abode of the person who is to bring the action, and of his Attorney or Agent; and no evidence of any cause of action shall be produced except such as shall be contained in such notice. 630 14. Every such action shall be brought within three months after the cause thereof has arisen. 15. If on any information or suit brought to trial under this Act on account of any seizure, judgment shall be given for the claimant, and the Judge or Court shall certify on the record that there was probable cause of seizure, the claimant shall not recover costs, nor shall the person who made the seizure be liable to any indictment or suit on account thereof; and if any suit or prosecution be brought against any person on account of any seizure under this Act and judgment be given against him, and the Court or Judge shall certify that there was probable cause for the seizure, then the Plaintiff, besides the thing seized or its value, shall not recover more than three and a half cents damages, nor any costs of suit, nor shall the Defendant be fined more than twenty cents. 16. Any officer or person who has made a seizure under this Act may, within one month after notice of action received, tender amends to the party complaining, or to his Attorney or Agent, and may plead such tender. 17. All actions for the recovery of penalties or forfeitures imposed by this Act must be commenced within three years after the offence committed. 18. No appeal shall be prosecuted from any decree, or sentence of any Court touching any penalty or forfeiture imposed by this Act, unless the inhibition be applied for and decreed within twelve months from the decree or sentence being pronounced. 19. In cases of seizure under this Act, the Governor in Council may, by order, direct a stay of proceedings; and in cases of condemnation may relieve from the penalty in whole or in part, and on such terms as may be deemed right. 20. The several provisions of this Act shall apply to any foreign ship, vessel or boat in or upon the Inland Waters of Canada; and the provisions hereinbefore contained in respect to any proceedings in a court of Vice-Admiralty shall, in the case of any foreign ship, vessel or boat, in or upon the Inland Waters of Canada, apply to, and any penalty or forfeiture in respect thereof shall be prosecuted and recovered in, one of the Superior Courts of the Province within which such cause of prosecution may arise. 21. Neither the ninety-fourth chapter of the Revised Statutes of Nova Scotia, (third series,) "Of the Coast and Deep Sea Fisheries," nor the Act of the Legislature of the Province of Nova Scotia, passed in the twenty-ninth year of Her Majesty's Reign, chapter thirty-five, amending the same, nor the Act of the Legislature of the Province of New Brunswick passed in the sixteenth year of Her Majesty's reign, chapter sixty-nine, intituled: "An Act relating to the Coast Fisheries, and for the prevention of Illicit Trade," shall apply to any case to which this Act applies; and so much of the said chapter and of each of the said Acts as makes provision for cases provided for by this Act, is hereby declared to be inapplicable to such cases. No. 84.-1870, May 12: Statute of Canada, 33 Vict., Cap. 15. An Act to amend the Act respecting Fishing by Foreign Vessels. [Assented to 12th May, 1870.] Whereas it is expedient, for the more effectual protection of the in-shore fisheries of Canada against intrusion by foreigners, to amend the Act intituled "An Act respecting Fishing by Foreign Vessels,” passed in the Thirty-first year of Her Majesty's Reign; Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Third Section of the above cited Act shall be, and is hereby repealed, and the following section is enacted in its stead: "3. Any one of such officers or persons as are above-mentioned, may bring any ship, vessel, or boat, being within any harbor in Canada, or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors in Canada, into port, and search her cargo, and may also examine the Master upon oath touching the cargo and voyage; and if the Master, or person in command, shall not truly answer the questions put to him in such examination, he shall forfeit four hundred dollars; and if such ship, vessel, or boat be foreign, or not navigated according to the laws of the United Kingdom, or of Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors of Canada, not included within the above-mentioned limits, without a license, or after the expiration of the period named in the last license granted to such ship, vessel, or boat, under the first section of this Act, such ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo thereof shall be forfeited." 2. This Act shall be construed as one with the said Act" respecting Fishing by Foreign Vessels." 631 No. 85.-1872, June 14: Statute of Canada, 35 Vict., Cap. 2. An Act relating to the Treaty of Washington, 1871. [Assented to 14th June, 1872.] Whereas by article thirty-three of the Treaty between Her Majesty and the United States of America, signed at the City of Washington on the eighth day of May, 1871, it is provided that articles eighteen |