1068 APPENDIX TO BRITISH CASE. 



touching the cargo and voyage ; and if the master or person in com- 

 mand does not truly answer the questions put to him in such exami- 

 nation, he shall incur a penalty of four hundred dollars; 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 British 

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

 or harbors of Canada, not included within the abovementioned limits, 

 without a licence, or after the expiration of the term named in the 

 last licence granted to such ship, vessel or boat, under the first sec- 

 tion of this Act, or (b) has entered such waters for any purpose not 

 permitted by treaty or convention, or by any law of the United King- 

 dom 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. 49 V., c. 114, s. 1. 



4. All goods, ships, vessels and boats and the tackle, rigging, ap- 

 parel, furniture, stores and cargo liable to forfeiture under this Act, 

 may be seized and secured by any officers or persons mentioned in 

 the second section of this Act ; and every person opposing any officer 

 or person in the execution of his duty under this Act, or aiding or 

 abetting any other person in any such opposition, is guilty of a 

 misdemeanor, and liable to a fine of eight hundred dollars and to two 

 years' imprisonment. 31 V., c. 61, s. 4. 



5. Goods, ships, vessels and boats, and the tackle, rigging, apparel, 

 furniture, stores and cargo seized as liable to forfeiture under this 

 Act, shall be forthwith delivered into the custody of such fishery offi- 

 cer, or customs officer or other person, as the Minister of Marine and 

 Fisheries, from time to time, djrects, or shall be retained by the 

 officer making the seizure in his own custody, if so directed by 

 the Minister, arid in either case shall be secured and kept as other 

 goods, ships, vessels and boats, and the tackle, rigging, apparel, fur- 

 niture, stores and cargo seized are directed by the laws in force in 

 the Province in which the seizure is made, to be secured and kept. 

 34 V., c. 23, s. 1. 



G. All goods, vessels and boats, and the tackle, rigging, apparel, 

 furniture, stores and cargo condemned as forfeited under this Act, 

 shall be sold by public auction, by direction of the officer who has 

 the custody thereof, under the provisions of the next preceding sec- 

 tion of this Act, and under regulations made, from time to time, by 

 the Governor in Council ; and the proceeds of every such sale shall be 

 subject to the control of the Minister of Marine and Fisheries, who 

 shall first pay thereout all necessary costs and expenses of custody 

 and sale; and the Governor in Council may, from time to time, appor- 

 tion three-fourths, or less, of the net remainder, among the officers 

 and crew of any of Her Majesty's ships or Canadian Government 

 vessel, from on board of which the seizure was made, as he thinks 

 right, reserving to the Crown and paying over to the Minister of 

 Finance and Receiver General, at least one-fourth of such net re- 

 mainder, to form part of the Consolidated Revenue Fund of Canada ; 

 but the Governor in Council may, nevertheless, direct that any goods, 

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

 cargo seized and forfeited, shall be destroyed, or be reserved for the 

 public service. 34 V., c. 23, s. 2. 



