002 CORRESPONDENCE, ETC. 



the report [see Note A] being at the same time sent to the Governor 

 of the Colony. 



II. Fuller explanation is necessary respecting that part of the 

 Convention by which the United States renounce the right of fishing, 

 except, within the permitted limits — •" on or within three miles of 

 any of the coasts, bays, creeks, or harbours of British North America, 

 and are forbidden to enter such bays, or harbours, except for certain 

 defined purposes. 



The Act of Parliament (59 Geo. III., Cap. 38), already mentioned 

 subjects to forfeiture any foreign vessel which is found fishing, or 

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

 authorizes the enforcement of this forfeiture by the like means and 

 in the same Courts as may be resorted to under any act of Parlia- 

 ment in the case of any offence against the laws relating to Customs, 

 or the laws of trade and navigation. [See Note B.] 



The statutory mode of enforcing the law against Customs' offences 

 committed in the Colonies will be found in the Act 16 & 17 Vict., 

 Cap. 107, and particularly in the 2nd, 183rd, 186th and 223rd clauses. 

 But as it would probably be held under this Act that a vessel could 

 only be seized safely by a naval officer " duly employed for the pre- 

 vention of smuggling" (section 233), it will be probably more con- 

 venient for naval officers to take advantage of the procedure author- 

 ized by the 103rd clause of the Merchant Shipping Act, which is 

 a law relating to " trade and navigation." [See Note C] 



Under that clause (of which a copy is annexed) any commissioned 

 officer on full pay in the military or naval service of Her Majesty 

 may seize any ship subject to forfeiture, and bring her for adjudi- 

 cation before any Court having Admiralty jurisdiction in Her 

 Majesty's dominions. [See Note D.] 



It will probably be advisable, as a general rule, that officers of the 

 navy should proceed against vessels engaged in unlawful fishing 

 under the Act of Geo. III., and the Merchant Shipping Act, which 

 extends to all the closed waters of British North America, and do 

 not require the officer's authority to be fortified by any Colonial com- 

 mission or appointment. But more extended powers are conferred 

 by the above-mentioned local Acts of Nova Scotia, New Brunswick, 

 and Prince Edward Island, on persons commissioned by the Lieu- 

 tenant-Governors of these Colonies, and any officer who is perma- 

 nently charged with the protection of the fisheries in the waters of 

 anv of these Colonies, may find it useful to obtain such a commission. 

 [See Note E.] 



It will invest him with a special authority in the waters of the 

 Colony to which it relates, to bring into port any foreign vessel 

 which continues within these waters for twenty- four hours after 

 notice to quit them, and, in case she shall have been engaged in fishing, 

 to prosecute her to condemnation. It will also enable him to prose- 

 cute the forfeiture of his vessel, if it shall be found to have pro- 

 hibited goods on board. But this power it would be undesirable to 

 exercise, as Her Majesty's Government do not at present desire officers 

 of the navy to concern themselves with the prevention of smuggling. 

 [See Note F.] 



These being the powers legally exercisable by officers of Her Maj- 

 esty's Navy, it follows to consider within what limits and under 

 what conditions they should be exercised. 



