84 CASE OF THE UNITED STATES. 



fishing or preparing to fisli, or to Iiave been fistdng within such distance 

 of such coasts, bays, creeks or harbors of this province, such ship, 

 vessel or boat, and their respective cargoes, shall be forfeited; and if 

 the master, or person in command thereof, shall not truly answer the 

 questions which shall be demanded of him in such examination, he 

 shall forfeit the sum of one hundred pounds.'^ 



It will be observed that the preamble of the act recites as reasons 

 for its adoption that no rules or regulations had been made under 

 the third section of the British Act of June 14, 1819, heretofore 

 quoted, and that "the said act does not designate the persons who 

 are to make such seizure as aforesaid." In these two respects, the 

 situation under the old act was changed by the new act so far as the 

 coasts of Xova Scotia were concerned. 



The first section of the act designates the persons authorized to 

 carry out its provisions and relates to the treatment and seizure of 

 foreign vessels in waters wherein the liberty of fishing was renounced 

 by the United States under the treaty, and in the treatment of such 

 vessels a notable distinction is drawn between vessels "within any 

 port, bay, creek or harbor in this province" and vessels "hovering 

 %vithin three marine miles of any of the coasts, bays, creeks or har- 

 bors thereof." Although in either of these cases the persons desig- 

 nated to carry out the provisions of the act may board such vessel 

 and freely stay on board "as long as she shall remain within such port 

 or distance," it is provided in the case of the vessels found hovering 

 that if they "be bound elsewhere, and shall continue so hovering for 

 the space of twenty-four hours after the master shall have been re- 

 quired to depart, it shall be lawful for any of the above enumerated 

 ofiicers or persons to bring such ship, vessel or boat into port, and 

 to search and examine her cargo, and to examine the master on oath 

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

 prohibited to be imported into the province, such ship, vessel or boat, 

 and the cargo laden on board thereof, shall be forfeited." In the 

 case, however, of vessels found within a port, bay, creek or harbor, 

 such provisions do not apply, and the seizure of such vessels was 

 authorized only under the general provision authorizing the seizure 

 of foreign vessels not navigated according to the laws of Great Britain 

 and Ireland "found fishing or preparing to fish, or to have been 

 fishing" within three marine mdes of such coasts, bays, creeks or 

 harbors. 



a Appendix, pp. 119, 120. 



