DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 645 



Thus, twenty-four hours after finding the American fisherman is 

 made the limit. 



Not satisfied with the severity of this legislation of 1868, the 

 Canadian Dominion, in 1870, and while preliminary negotiations for 

 the joint high commission and the treaty of Washington were in 

 progress, amended it so as to enable seizures of our vessels to be made 

 on sight, and without any warning or any notice to depart. The 

 following is a text of the enactment of 1870 : 



(33 Victoria, chap. 15.) 



An Act to amend the Act respecting Fishing by Foreign Vessels. Assented to 12 May, 



1870. 



\Yhereas it is expedient, for the more effectual protection of the inshore 

 fisheries of Canada against intrusion by foreigners, to amend the Act entitled 

 "An Act respecting fishing by foreign vessels," passed in the thirty-first year of 

 Her Majesty's reign : Therefore Her Majesty, by and with the advice and con- 

 sent of the Senate and House of Commons of Canada, enacts as follows: 



1. The third section of the above-cited Act shall be, and is hereby repealed. 



and the following section is enacted in its stead : 

 385 " 3. Any one of such officers or persons as are above-mentioned may 



bring any ship, vessel, or boat being within any harbour in Canada, or 

 hovering (in British waters) within three marine miles of any of the coasts, 

 bays, creeks, or harbours in Canada, into port and search her cargo, and may 

 also examine the master upon oath touching the cargo and voyage; and if the 

 master or person in command shall not truly answer the questions put to him 

 in such examination he shall forfeit $400; and if such ship, vessel, or boat be 

 foreign or not navigated according to the laws of the United Kingdom or of 

 Canada, and have been found fishing or preparing to fish, or to have been 

 fishing (in British waters) within three marine miles of any of the coasts, bays, 

 creeks, or harbours of Canada, not included within the above-mentioned limits, 

 without a licence or after the expiration of the period named in the last licence 

 granted to such ship, vessel, or boat, under the first section of this Act, such 

 ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores and cargo 

 thereof shall be forfeited." 



2. This Act shall not be construed as one with the said Act " respecting fishing 

 by foreign vessels." 



But this is not all. Canadian officials endeavoured, during the last summer, 

 in the fury of their malevolence, to forfeit American vessels for acts which, if 

 committed, their own laws had not inflicted punishment. In the libel of in- 

 formation against the "Ella M. Doughty" is this article, among other allega- 

 tions of fishing, preparing to fish, being found having fished, and fishing, drying, 

 and curing in the bay and harbour of St. Anne's: 



Between the 10th and 17th days of May, 1SS6, the said Warren A. Doughty, 

 the master of tho said ship or vessel "Ella M. Doughty," and the officers and 

 crew of the said ship or vessel " Ella M. Doughty," did, in and with the said 

 ship or vessel " Ella M. Doughty." enter into the bay and harbour of St. Anne's 

 aforesaid within three marine miles of the shore of said by a and harbour of 

 St. Anne's, and within three miles of the coasts, bays, creeks, and harbours of 

 those portions of the dominions in America of his said late Majesty King George 

 the third, being now the dominions in America of her Majesty Queen Victoria, 

 not included in the limits specified and defined in the said first article of the 

 said convention and set out and recited in the first paragraph hereof, for the 

 purpose of procuring bait, that is to say, herrings, wherewith to fish, and ice for 

 the preservation on board said vessel of bait to be uxcd in fishing, and of fresh 

 fish to be fished for, taken, and caught by and upon the said vessel and by the 

 master, officers, and crew thereof, and did procure sucli bait wherewith to fish. 

 and such ice for the purposes aforesaid, and did so enter for other purposes 

 than for the purposes of shelter or repairing damages, or of purchasing wood, 

 or of obtaining water, contrary to the provisions of the said convention and of 

 the said several Acts, and the said vessel "Ella M. Doughty" and her cargo 

 were thereupon seized within three marine miles of the coast or shores of the 



8ie. 



