208 APPENDIX TO BRITISH CASE. 



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 prosecute 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 con- 

 tain 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 inf requency 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 ille- 

 gally 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 second damages; the defendant only liable 

 to costs. 



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

 tailed in the journals of the assembly, display an unfriendly disp^si- 

 tion 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 irri- 

 tated them, that there is ground to believe that violence will be re- 

 sorted to, unless some understanding be had before the next season. 



As the facts relating to these seizures have been reported to the 

 government by Messrs. Consuls Morrow, of Halifax, and Primrose, 

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

 grounds assumed 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 foreigners, 

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

 vessels which may be forced from any cause to make a harbor, and is 

 entitled 1st Victoria, 1839, chapter xlv., sections 3 and 5. 



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

 vessel may be cleared until bonds are given to the amount of 50 for 

 each person so remaining that they shall not 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 Island, the schooner Three Brothers, of Bel- 

 fast, having met with some injury by grounding, commenced lighten- 

 ing; but the captain was advised to apply for permission, 

 123 and did so; the permission was refused, and the article^ landed 

 (some barrels of salt) were seized. 



