PERIOD FROM 1854 TO 1871. 613 



Powers. — The capacity in "which you are vested with magisterial 

 powers is that of Fishery Officer for the Provinces forming the Do- 

 minion of Canada. Your power and authority as a Fishery Officer 

 are derived from the following Statutes: "The Fisheries Art " (31 

 Vict., cap. 60) ; 



•"An Act respecting Fishing by Foreign Vessels" (31 Vict., cap. 

 01 |, and the subsequent statute, entitled "An Act to amend the Art 

 respecting Fishing by Foreign Vessels," made and passed in the 

 pr< ion of the Parliament of Canada: 



"Chapter 04 of the Revised Statutes (third series) of Nova 

 Scotia" (of the Coast and Deep Sea Fisheries) : 



The Act entitled "An Art to amend Cap. 94 of the Revised Statutes 

 of Nova Scotia " (29 Vict., cap. 35) ; 



An Act passed by the Legislature of the Province of New Bruns- 

 wick, entitled "An Act relating to the Coast Fisheries, and for the 

 Prevention of Illicit Trade (16 Vict., cap. G9) ; 



Also from such Regulations as have been passed or may be passed 

 by the Governor General in Council, or from instructions from the 

 Department of Marine and Fisheries under "The Fisheries Act," 

 hereinbefore cited. 



In such capacity, your jurisdiction must be strictly confided within 

 the limit of "three marine miles of any of the coasts, bay-, creeks, 

 or harbors," of Canada, with respect to any art ion you may take 

 against American fishing vessels and United Stales citizens engaged 

 in fishing. Where any of the bays, creeks, or harbors, shall not 

 exceed six geographical miles in width, jou w 7 ill consider thai the 

 line of demarcation extends from headland to headland, cither at the 

 entrance to such bay, creek, or harbor, or from and between given 

 points on both sides thereof, at any place nearest the mouth where 

 the shores are less than six miles apart; and may exclude foreign 

 fishermen and fishing vessels therefrom, or seize if found within 

 three marine miles of the coast. 



Should you have occasion to compel any American fishing vessels 

 or fishermen to conform to the requirements of the " Fisheries Act 

 and Regulations," as regards the modes and incidents of fishing, at 

 those places to which tney are admitted under the Convention of 

 i v l-. particularly in relation to ballast, fish offals, setting of nets, 

 and hauling of seines, and u e of " trawls," or " bultows," more i 

 cially at and around the Magdalen Islands, your power and authority 

 over such cases will be similar to that <>f any other Fishery Officer 

 appointed to enforce ih«' Fishery Laws in Canadian waters. (Vide 

 " Fisheries Act") 



rtain portions of the foregoing A.ct relate to the prevention 



of illicit trade. Instructions will, therefore, be given yon by the 



Customs Department, authorizing you to act as an Officer of I 



toms; and it will form part of your duty to see that the Laws and 



ulation ctii - Revenue, are duly observed. In your capacity 



of a Cu t"in Officer, you <:m not receive any aid IV II<t Maje tye 



to <mi force :■ 1 1 1 h<>riiv under i he < !u torn La v 



Jurisdiction. The Limits within which yon will, if nec< $ary 

 exercise the power to exclude United States li hermen, or to detain 

 American fishing ' or boats, are Tor the present to be excep 



i ional. I >illi ultn n in i with n pect f<> i he 



question, whether ,T el m Bhould be measured on lines 



drawn parallel everywhere to the coast and describing it nnuosities, 



