DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 



SCHEDULE. 

 ACTS OF THE LEGISLATURE OF THE PROVINCE OF NOVA SCOTIA. 



647 



ACTS OF THE LEGISLATURE OF THE PROVINCE OF NEW BRUNSWICK. 



16 Vic. (1853), C. 69. 



An Act relating to the coast fisheries and for the pre- 

 vention of illicit trade. 



The whole. 



By comparing the foregoing with the law of 1870 the object will 

 in the italicised portion of the former, be clearly discovered, which 

 is to deter deep-sea American fishermen from entering Canadian 

 ports which are as open to all trading vessels as American ports are 

 to Canadian vessels of every sort. 



Forfeiture is to be inflicted for an entry for any purpose, except- 

 ing shelter, repairs, wood, or water. Even to get coal for a fishing 

 vessel propelled by steam is condemned. What the purpose may be 

 for which seizure is to be made may or may not be disclosed by the 

 seizor. The statute does not require it. The libel, or complaint, 

 filed in court may not disclose it. The averment may be merely a 

 general one that the vessel entered for a purpose forbidden by treaty 

 or statute. The owner must file a claim and answer, or his property 

 will be condemned by default. He must, among strangers, give 

 security for costs, or his claim will be dismissed. \Vbrse than that, 

 the statute of 18G8 declares that, if the owner questions the legality 

 of the seizure, the burden of proof shall be on him. How can he 

 meet a general averment and prove a negative of what is not defi- 

 nitely averred, and of every conceivable purpose of entry? None 

 but the captain may be able to testify to the motive, and what will 

 happen if he, after the seizure, shall die or be absent? The owner 

 will be helpless to contend with the greed of informers or seizors, 

 for the law of 1871 distributes the possible plunder thus: 



6. All goods, vessels, and bonts, and the tackle, rigging, apparel, furniture, 

 stores, and crrgo condemned as forfeited under this Act, shall be sold by public 

 auction, by direction of the officer having the custody thereof, under the pro- 

 visions of the next preceding section of this Act, and under regulations to be 

 from time to time made by the governor in council : and the proceeds of every 

 sale shall be subject to the control of the Minister of Marine and Fisheries, 

 who shnll first pay therefrom all necessary costs and expenses of custody and 

 ealf, and the governor in council may from time to time apportion three-fourths 

 or less of the net remainder among the officers and crew of any Queen's ship 

 or Canadian Government vessel, from on board of which the seizure was made, 

 as he may think right, reserving for the Government and paying over to the 

 receiver-general at least one-fourth of such net remainder to form part of the 

 consolidated revenue of Canada. 



CONCLUSIONS. 



The treaties of 1783 and 1818 were made with the British Crown. 

 With that Crown alone can restrictions, regulations, penalties, and 



