646 APPENDIX TO BRITISH CASE. 



said bay and harbour of St. Anne's by Donald McAnley and Lauchlin G. 

 Campbell, officers of the customs of Canada, as being liable to forfeiture for 

 the breach or violation of the said convention and of the said several Acts. 



Your committee has been unable to find a Canadian statute which, 

 at the date of the alleged ofi'ence, punished those acts, by forfeiture 

 of the offending vessel. None is averred. The article quoted from 

 the " Ella M. Doughty " libel does not set forth where the fishing was 

 to be done, for which bait and ice were bought, whether on the ocean, 

 or elsewhere, outside of Canadian jurisdiction. The laws of 1868 

 and 1870 denounce only fishing or preparing to fish "in British 

 waters" which must be, of course, under the treaty, the prohibited 

 and not permitted British waters. 



Thus stood Canadian legislation at the beginning of the summer 

 fishing season which has recently come to an end. There was no 

 Canadian or other law, at the end of forty-eight years from the date 

 of the treaty, inflicting forfeiture of the vessel and the cargo on 

 board excepting on proof of the offence of fishing or having been 

 found to have fished, or preparing to fish, on the prohibited coasts. 

 But Canadian officials wished to forfeit the vessels and cargoes of 

 American deep sea fishermen exercising the liberty "to touch and 

 trade," and send fish by railway, or vessel, to our own markets. 

 What could be done ? Nothing less than a new law could avail them, 

 and it was enacted in these words : 



(49 Victoria, 'chap. 114.) 

 An Act further to amend the Act respecting Fishing by Foreign Vessels. 



(Reserved by the Governor General on Wednesday. 2nd June, 1836, for the 

 signification of the Queen's pleasure thereon. Royal assent given by Her 

 Majesty in Council, on the 26th day of November, 1836. Proclamation thereof 

 made on the 24th day of December, 1886.) 



Whereas it is expedient for the more effectual protection of the inshore 

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

 Intituled "An Act respecting fishing by foreign vessels," passed in the thirty- 

 first year of Her Majesty's reign, and chaptered 61 : 



Therefore Her Majesty, by and with the advice and consent of the Senate 

 and House of Commons of Canada, enacts as follows : 



1. The section substituted by the first section of the Act thirty-third Victoria, 



chapter 151, intituled "An Act to amend the Act respecting fishing by 

 386 foreign vessels." for the third section of the hereinbefore recited Act, is 

 hereby repealed, and the following section substituted in lieu thereof: 

 8. Any one of the officers or persons hereinbefore mentioned may bring any 

 ship, vessel, or boat, being within any harbour of 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 mnster or person 

 in command does not truly answer the questions put to him in such examination. 

 he shall incur a penalty of $400.00 ; and if such ship, vessel, or boat is foreign, 

 or not navigated according to the laws of the United Kingdom or of Canada, 

 and (A) has been found fishing, or preparing to fish, or to have been fishing in 

 the British waters within three marine miles of any of the coasts, bays, creeks, 

 er harbours of Canada, not included within the abovementioned limits, without 

 a licence, or after the expiration of the term name i in the last licence granted 

 to such ship, vessel, or boat under the first section of this Act or (B) has 

 entered such waters for any purpose not permitted by treaty or convention, or 

 by any laio of the United Kingdom or of Canada for the time being in force, 

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

 cargo thereof shall be forfeited. 



2. The Acts mentioned in the schedule hereto are hereby repealed. 



3. This Act shall be construed as one with the said "Act respecting fishing by 

 foreign vessels," and the amendments thereto. 



