86 CASE OF THE UNITED STATES. 



shall not be entitled to more than two pence damages, nor shall the 

 defendant in any case be fined more than one shilling. 



Section XIV provides that if the person making the seizure tenders 

 amends to the claimant such tender may be pleaded in bar to any 

 action; and if the jury finds the amends tendered sufficient, they 

 shall give a verdict for the defendant and the defendant shall be 

 entitled to costs. 



Section XV provides that if the judge or court shall certify that 

 the defendant acted upon probable cause the plaintiff shall not be 

 entitled to more than two pence damages or to any costs. 



Sections XVI and XVII fix the periods within which actions must 

 be brought and appeals taken. 



The purpose of these provisions of the act would seem to have been 

 to deprive the owners of American vessels seized under it of the 

 usual fair and impartial treatment, which is generally extended 

 equally to all parties in courts of justice, and to discourage 

 American fishermen from attempting to secure justice by judicial 

 proceedings in that province. As these provisions of the act will 

 speak for themselves they do not require further comment here. 

 Attention is called, however, to the statements as to the effects of 

 this act in a letter of June 15, 1839, from United States Consul 

 Morrow to Lieutenant Governor Campbell'^ and in a letter of 

 December 29, 1839, from Lieutenant Paine to Secretary of State 

 Forsyth,^ and it may be added that in almost every case of the con- 

 demnation of an American fishing vessel under this law such con- 

 demnation was obtained by default. 



The final section of the act is as follows : 



XVIII. And be it further enacted, That this act shall not go into 

 force or be of any effect until His Majesty's assent shall be signified 

 thereto, and an order made by his Majesty, in council that the clauses 

 and provisions of this act shall be the rules, regulations and restric- 

 tions respecting the fisheries on the coasts, bays, creeks or harbors 

 of the province of Nova Scotia. "= 



An order made by His Majesty in Council to the eft'ect proposed 

 in this section was adopted on July 6, 1836.'' By such order in 

 council, therefore, the provisions of the act were adopted as "the 

 rules, regulations and restrictions respecting the fisheries on the 

 coasts, bays, creeks or harbors of the province of Nova Scotia." 



a Appendix, p. 416. c Appendix, p. 123. 



b Appendix, p. 451. ^Appendix, p. 116. 



