PERIOD FROM 1854 TO 1871. 585 



line drawn across at that part of such bay where its width does not 

 exceed ten miles. 



Action. — You will accost every United States vessel or boat ac- 

 tually within three marine miles of the shore, along any other part 

 of the coast except Labrador and around the Magdalen Islands, or 

 within three marine miles of the entrance of any bay, harbor or 

 creek, which is less than ten geographical miles in width, or inside 

 of a line drawn across any part of such bay, harbor or creek, at 

 points nearest to the mouth thereof, not wider apart than ten geo- 

 graphical miles, and if either fishing, preparing to fish, or having 

 obviously fished within the exclusive limits, you will, in accordance 

 with the above recited Acts, seize at once any vessel detected in violat- 

 ing the law, and send or take her into port for condemnation. It 

 must be evident and susceptible of the clearest proof that the offence 

 has been committed, and the capture effected within the prohibited 

 limits.* 



Copies of the former and of the latter Acts, are furnished here- 

 with for your use and distribution. 



These Acts of Parliament subject to summary seizure and to for- 

 feiture any foreign ship, vessel or boat which is found fishing, or 

 having fished, or preparing to fish within the prohibited limits, and 

 provide for carrying out the seizure and forfeiture. 



Compulsory means may be employed; but resort to force will be 

 justified only after every other prudent effort has failed. 



Directions. — If, from threatened resistance and obvious determi- 

 nation to contc-t the seizure, and because of the relative inadequacy of 

 your own force, you shall believe any attempt at capture liable to be 

 frustrated, you will warn the parties of the futility of resistance, and 

 that you are authorized to procure the assistance, if needed, of any 



* In the instructions issued April 12, 1870 (see Canadian Sessional Tapers, 

 No. si, isTu. p. ir»), the section under the beading Action reads as follows: 



"Action. — You will accost every United States' vessel or boal actually within 

 three marine miles of the shore, along any other part of the coast except Labra- 

 dor, and around Magdalen Islands, or within three marine miles of the entrance 



of any hay, harbor or creek, which is less than ten geographical miles in width, 



or Inside of a line drawn across any part of such hay, harbor, or creek', at points 

 nearest to the mouth thereof, not wider apart than ten geographical miles, and 



if either Ashing, preparing to fish, or baying obvlouslj ashed within the exclusive 



limits, you will, on the first, mill only Ofl one OCCQ "/», inform the owner, master, 



or person in chargei of the liability of the vessel, or boat, ami tackle, to sei/.uro 



and confiscation, and require him todeparl forthwith. Make it known that such 



preliminary forebi e, in thus allowing him to depart immediately Is not 



because of any claim to notification, but as a mere act of Indulgence, which, 

 in the exercise of your discretion, ami under your Instructions from the Govern" 

 ment, yon are permitted to extend, according to existing circumstances. 



h owner, master, or person, in charge of any foreign ship, vessel, 

 or boat, being clearly within prescribed limits, ami so found Ashing, preparing 

 to fish, or having Ashed therein, refu e, or aegled to desist ami depart forth- 

 with, or should he still continue wilfully . in despite of warning, to tlsh or hover 



in Canadian waters, <>r be again found Ashing, preparing to tlsh, or having 

 fished, or be again found in any actual trespass, abuse of privilege, or evasion 



of the fishery laws, relating to Ashing by foreign vessels, you will Instantly 



■ • and detain the ship, or boat, together with the boats, tackle, 



riircjm:, apparel, furniture, goods, stores, and cargo, for an Infraction of the 



lutes of Canada, respecting Pishing by Fore) a V< els (81 Vict., c. <ii >. 

 and the subsequent statute amending the same, entitled, " i» Lei to mm mi the 

 Act respecting Fishing i>v Foreign i i els, adopted by the Parliament of Canada 

 at the present Session-" 



