82 CASE OF THE UNITED STATES. 



PERIOD FROM 1836 TO 1841. 



Nova Scotia Hovering Act. 



The Legislature of the ProTince of Nova Scotia adopted, early in 

 the year 1836, a joint address to His Majesty King William IV, 

 reciting: 



That, by the Statute of the Imperial Parliament, passed in the o9th 

 year of the Reign of our late Most Gracious Sovereign George the 

 Tliird, power was given to His Majesty, by and with the advice of His 

 Privy Council, by any order or orders in Council to be from time to 

 time'^made for that purpose, to make such P.egulations and give such 

 Directions, as may be necessary to prevent Fishermen of the United 

 States from taking, drying or curing Fish, in the Bays or Harbors of 

 His Majesty's Dominions in America, or in any other manner what- 

 ever abusing the privileges by the Treaty and Act of the Imperial 

 Parliament reserved to them. 



That, as no such Order in Council has passed, it may be presumed 

 that it may be extremely difficult for Your Majest^^'s Council to 

 submit such Order for Your Majesty's consideration, as may be best 

 adapted to meet the exigencies of the case in all Your Majesty's 

 Dominions in America. That your Majesty's subjects in tliis Prov- 

 ince have experienced great inconvenience and loss in this branch of 

 Industry, by Foreign interference — and the Provmce is injuriously 

 affected by the Illicit Trade carried on by Vessels ostensibly engaged 

 in the Fisheries, who hover on the Coast, and, in many cases, combine 

 Trade with the Fishery — a traffic, prejudicial alike to the Revenue — 

 the importation of British Manufactures — the honest Trader, and the 

 political and moral sentiments, habits and manners, of the people. 



To prevent the continuance and extension of such evils, the Legis- 

 lature of tliis Your Majesty's loyal Province of _ Nova-Scotia, have 

 embodied in an Act such Regulations and Restrictions as thej con- 

 ceive will most effectually prevent such interference in the Fishery, 

 and the Illicit Trade connected with it, — and, thereby secure the 

 Rights and Privileges recognized by the Treaty, and intended to be 

 guarded by the Statute." 



The act, to wliich reference is made in the above address, was 

 passed by the Legislature of Nova Scotia on March 12, 1836 (6 Wm. 

 rV. Chap. 8) and is entitled: 



AN ACT Relating to the fisheries, and for the prevention of illicit 

 trade in the province of Nova Scotia and the coasts and harbors 

 thereof. ^ 



This act provides in part as follows: 



Whereas, by the convention made between his late Majesty, King 

 George the Third, and the United States of America, signed at "London 

 on the twentieth day of October, in the year of our Lord one thousand 

 eight hundred and eighteen, and the statute made and passed in the 



oAppendix, pp. 1040-1041, i> Appendix, p. 119. 



