538 APPENDIX TO BRITISH CASE. 



dominions in America, out of the said limits as aforesaid, all such 

 ships, vessels and boats together with their cp'*croes and all guns, am- 

 munition, tackle, apparel, furniture and stores, shall be forfeited and 

 shall and may be seized, taken, sued for, prosecuted, recovered and 

 condemned by such and the like ways, means and methods and in the 

 same Courts as ships, vessels or boats may be forfeited, seized, prose- 

 cuted and condemned for any offence against any laws relating to the 

 Revenue of Customs or the laws of Trade and Navigation, under any 

 Act or Acts of the Parliament of Great Britain, or of the United 

 Kingdom of Great Britain and Ireland; provided that nothing con- 

 tained in this Act shall apply, or be construed to apply to the ships, 

 or subjects of any Province, [Prince] Power or State in amity with 

 His Majesty, who are entitled by Treaty with His Majesty to any 

 privilege of taking, drying or curing fish on the coasts, bays, creeks 

 or harbors, or within the limits in this Act described; Provided al- 

 ways, that it shall and may be lawful for any fisherman of the said 

 United States to enter into any such bays or harbors of His Britannic 

 Majesty's Dominions in America as are last mentioned for the pur- 

 pose of shelter and repairing damages therein, of purchasing wood, 

 and of obtaining water, and for no other purpose whatever; subject 

 nevertheless to such restrictions as may be necessary to prevent such 

 fishermen of the said United States from taking, drying or curing 

 fish in the said bays or harbors, or in any other manner whatever 

 abusing the said privileges by the said Treaty and this Act reserved 

 to them, and as shall for that purpose be imposed by any order or 

 orders to be from time to time made by His Majesty in Council under 

 the authority of this Act, and by any regulations which shall be issued 

 by the Governor or person exercising the office of Governor in any 

 such parts of His Majesty's Dominions in America, under or in pur- 

 suance of any such order in Council as aforesaid. 



"And that if any person or persons, upon requisition made by the 

 Governor of Newfoundland, or the person exercising the office of 

 Governor, or by any Governor in person exercising the office of Gov- 

 ernor in any other parts of His Majesty's Dominions in America, as 

 aforesaid, or by any officer or officers acting under such Governor, 

 or person exercising the office of Governor, in the execution of any 

 orders or instructions from His Majesty in Council, shall refuse to 

 depart from such bays or harbors, or if any person or persons shall 

 refuse or neglect to conform to any regulations or directions which 

 shall be made or given for the execution of any of the purposes of 

 this Act, every such person so refusing or otherwise offending against 

 this Act shall forfeit the sum of two hundred pounds, to be recov- 

 ered in the Superior Court of Judicature of the Island of Newfound- 

 land, or in the Superior Court of Judicature of the colony or settle- 

 ment within or near to which such offence shall be committed, or by 

 Bill, plaint or information in any of His Majesty's Courts of Record 

 at Westminster, one moiety of such penalty to belong to His Majesty, 

 his heirs and successors, and the other moiety to such person or per- 

 sons as shall sue or prosecute for the same." 



The Acts passed by the provinces now forming Canada, and also 

 by the Parliament of Canada (now noted in the margin) are to the 



Dominion Acts, 31 Vic, Cap. 61. 33 Vic, Cap. 16, now incorporated in revised 

 Statutes of 1886, Cap. 90 Nova Scotia Acts, revised Statutes, 3rd series, C. 94, 

 29 Vic. (1866) C. 35. New Brunswick Acts, 16 Vic., (1853) C. 69 P. Edward 

 Island Act 6 Vic. (1843) C. 14. 



