DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 657 



above-mentioned may bring such vessel or boat into port and search 

 her cargo, and 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 demanded of him in the examination he shall 

 forfeit 100; and if there be any prohibited goods on board, then 

 such vessel or boat, with the cargo thereof, shall be forfeited." 



3. That " if the vessel or boat 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 3 marine miles of such coasts or harbours, such vessel or boat, 

 or cargo shall be forfeited." 



It then provides for the method of procedure, c. This provision 

 was re-enacted in the Revised Statutes of Nova Scotia by the Provin- 

 cial Act of the 7th May, 1858. This re-enactment contained in its 

 22nd section or title 25, chapter 94, a provision suspending those parts 

 of it relating to American fishing-vessels during the continuance of 

 the treaty of reciprocity of 1854. 



The committee has not been able to discover any orders in council 

 made by the British King, as authorized by the Act (59 Geo. Ill, 

 cap. 58) ; and, so far as we have been able to examine, the regulation 

 of the entrance of American fishermen within the limits wherein they 

 were not entitled to fish has been made by colonial statutes such as 

 have been above recited. That of Prince Edward's Island of 1843 

 (6 Vic., cap. 14) the committee thinks fairly illustrates the nature 

 of legislative regulations on the subject down to the reciprocity 

 treaty of 1854, and so, in effect, until the expiration of that treaty in 

 1866. This Act provided : 



1. Proper officers were authorized to go and remain on board an 

 American fishing vessel during her continuance within the waters 

 where she was not entitled to fish. 



2. If the vessel was bound elsewhere, and should continue hovering 

 within the 3 mile limit for twenty- four hours after she had been re- 

 quired to depart, then the officer might take her into port, search her 

 cargo, examine the master, &c. 



3. If, on such examination, any goods should be found prohibited 

 to be imported into the island, there should be a forfeiture. 



4. If the vessel should have been found fishing, or preparing to 

 fish, or to have been fishing, in prohibited waters, a forfeiture should 

 follow. 



It will be seen that this provision carefully excludes the right to 

 seize and proceed against an American fishing vessel that had come 

 within British waters, where fishing was not allowed, for the pur- 

 poses named in the treaty, and only authorised British officers to re- 

 quire the vessel to depart if, instead of coming into a bay or roadstead 

 and coming to anchor, she was " hovering " on the coast and within 

 the prohibited limits, and provided for her forfeiture when so " hov- 

 ering" only upon its being discovered, on an examination, that she 

 had contraband goods on board, or had been violating the provisions 

 of the treaty by abusing the privilege of her entrance and shelter by 

 fishing, &c. And in all these cases the ordinary modes of judicial in- 

 vestigation and fair play were provided for, except 



(a.) That the burden of proof was thrown on the- claimant of the 

 vessel in case of dispute as to whether the seizure had been lawful ; 

 92909 S. Doc. 870, 61-5, vol 4 52 



