PEBIOD FROM 1836 TO 1854. 453 



The person who made the most of these seizures, (a Mr. Darby, 

 who commands a chebacco boat, with ten or twelve men armed with 

 muskets,) is prompted, as well by his interest as by a certainty of 

 impunity, to seize all he can find. 



The law of this province, entitled William IV., chap, viii, 1836, 

 which seems solely intended to persecute our fishermen, could only 

 have been approved by orders in council through an oversight. 



It is not possible that Great Britain intends, when the property of 

 citizens of a nation in amity is seized on false pretences, or with no 

 pretence, to force the lawful owner to give heavy bonds, liable to be 

 forfeited, in addition to vessel and cargo, before he can claim his 

 property. 



To give a month's notice to the seizing officer; the notice to contain 

 every thing intended to be proved against him, before a suit can be 

 instituted : and, again, to prove that the notice has been given : 



To force the owner to bring his action or claim within three 

 months — one of which is expended in thus giving notice, and the 

 other two may well expire, owing to the infrequency and uncertainty 

 of communications, before the distant owner can transfer funds and 

 give the requisite bonds to precede his suit, or lay claim to his illegally 

 seized property, which property will thus be condemned by default: 



To force the owner, if he cannot prove the illegality of the seizure, 

 to pay treble costs: 



To screen the officer seizing, by providing that, if the judge shall 

 say there was probable cause, he shall be liable to no prosecution ; the 

 plaintiff only entitled to 2d. damages; the defendant only liable to 

 costs. 



The whole of this act, and the proceedings on the subject, as 

 detailed in the Journals of the Assembly, display an unfriendly dis- 

 position towards Americans, or rather a determination to quarrel or 

 drive them from the exercise of rights secured by solemn treaty. 



The injustice and annoyance suffered by the fishermen have so 

 irritated them, that there is ground to believe that violence will be 

 n 30rted t". unless some understanding be had before the next season. 

 \ Hi" facts relating to these seizures have been reported to the 

 govern merit by Me-.-.rs. Cori-mls Morrow, of Halifax, and Primrose, 

 of Pictou, I have confined myself to such a representation of the 

 grounds a sumed as may be useful in judging of the danger of serious 

 difficulty, which has seemed to me considerable. 



There is another law of this province unjust towards foreigner's, 

 and likely to be injurious to Americans. It relates to passenger- 

 -'■I- which may be forced from any cause to make a harbor, and is 

 entitled 1-t Victoria, 1839, chapter sdv., sections 3 and 5. 



If any of the passengers plea e, they may remain on shore, and the 

 vessel will not be cleared until bonds are riven to the amouni of £50 

 for each person bo remaining thai they imii no! become chargeable 

 to the community; and this, while the captain is willing or desirous 

 of finishing his contract by conveying them to their destination. 



At Prince Edward's [stand, the schooner, Three Brother of Bel- 

 fa t. having met with some injury by grounding, commenced Lighten- 

 ing; but the captain was advised to apply for permi sion, and did so ; 

 the permission was refu ed, and the articles landed (some barrels of 

 sail ) were seized. 



This whs afterwards ordered 1 to be restored to the owners, but had 

 already been sold; and the proceed axe now in the hands of the 



