656 APPENDIX TO BRITISH CASE. 



2. A prohibition and punishment of fishing, &c., within the 3-mile 

 limit, other than the coasts in respect of which the treaty provided 

 that Americans might fish. 



3. Forfeiture of vessels, &c., found fishing, &c., within the pro- 

 hibited limits. This forfeiture was to be enforced in the ordinary 

 course, as in the case of forfeitures under the Revenue laws. 



4. That American fishermen might enter any of the bays and har- 

 bours of the British dominions in America for the purposes named 

 in the treaty, subject to such restrictions for preventing abuse of that 

 privilege as His Majesty, or the governor, or person exercising the 

 office of governor in any part of the British dominions in America, 

 might make. 



5. That if any person should refuse to depart from such bays, &c.. 

 on the requirement of the governor, &c., or neglect to conform to any 

 of the regulations so made, he should be punished by a fine of 200. 



The next Legislative Act touching American fishermen appears to 

 be the Act of Prince Edward's Island of the 3rd September, 

 392 1844, which provided that the officers of Her Majesty's Customs, 

 &c., or any person specially holding a commission for that 

 purpose, should have authority to go on board any ship, vessel, or 

 boat, within any port, bay, creek, or harbour in that island, or " hov- 

 ering" within 3 marine miles of any of the coasts, bays, &c., thereof ; 

 and in either case freely to stay on board such ship, vessel, or boat 

 as long as she shall remain within such port or distance; and if any 

 such ship, vessel, or boat be bound elsewhere, and shall continue so 

 hovering for the space of twenty-four hours after the master shall 

 have been required to depart, it shall be lawful for any of the above 

 enumerated officers, &c., to bring such ship, &c., into port, and to 

 search and examine her cargo, and examine the master upon oath 

 touching the cargo and voyage ; and if there be any goods on board 

 prohibited to be imported into this island, such ship, &c., and the 

 cargo laden on board thereof, shall be forfeited; and if said ship, 

 &c., shall be foreign, and not navigated according to the laws of 

 Great Britain and Ireland, and shall have been found fishing, or 

 preparing to fish, or to have been fishing, within such distance of such 

 coasts, bays, creeks, or harbours of this island, such ship, &c., and its 

 cargo shall be forfeited ; and if the master or any person in command 

 thereof shall not truly answer the question which shall be demanded 

 of him in such examination, he shall forfeit the sum of 100. 



The Act then provides for the methods of investigation, condemna- 

 tion, &c. 



The Revised Statutes of Nova Scotia of 1851, chapter 94 (which 

 may have re-enacted some earlier Act) , provided : 



1. That officers of the colonial revenue, sheriffs, magistrates, or 

 any other person duly commissioned for that purpose, " may go on 

 board any vessel or boat within any harbour in the province, or 

 hovering within 3 marine miles of any of the coasts or harbours 

 thereof, and stay on board so long as she may remain within such 

 place or distance." 



2. That " if such vessel or boat be bound elsewhere, and shall con- 

 tinue within such harbour or so hovering for twenty-four hours after 

 the master shall have been required to depart, any one of the officers 



