MISCELLANEOUS. 1209 



Second, that "it shall not be lawful for any person or persons, not 

 being a natural-born subject of his Majesty, in any foreign ship, ves- 

 sel, or boat, nor for any person in any ship, vessel, or boat, other than 

 such as shall be navigated according to the laws of the United King- 

 dom of Great Britain and Ireland, to fish for or take, dry, or cure, any 

 fish of any kind whatever, within three marine miles of any coasts, 

 bays, creeks, or harbors whatever, in any port of his Majesty's domin- 

 ions in America, not included within the limits specified and described 

 in the first article of the said convention, and hereinbefore recited; 

 and that if any such foreign ship, vessel, or boat, or any persons on 

 board thereof, shall be found fishing, or to have been fishing, or pre- 

 paring to fish within such distance of such coasts, bays, creeks, or 

 harbors, within such parts of his Majesty's dominions in America, out 

 of the said limits as aforesaid, all such ships, vessels, and boats, 

 together with their cargoes, and all guns, ammunition, tackle, apparel, 

 furniture, and stores, shall be forfeited." 



Third, that "it shall and may be lawful for any fisherman of the said 

 United States to enter into any such bays or harbors of his Britannic 

 Majesty's dominions in America as are last mentioned, for the purpose 

 of shelter and repairing damages therein, and of purchasing wood and 

 of obtaining water, and for no other purpose whatever subject, 

 nevertheless, to such restrictions as may be necessary to prevent such 

 fishermen of the said United States from taking, drying or curing fish 

 in the said bays or harbors, or in any other manner whatever abusing 

 the said privileges by the said treaty and by this act reserved to them, 

 and as shall for that purpose be imposed by any order or orders to be 

 from time to time made by his Majesty in council, under the authority 

 of this act, and by any regulations which shall be issued by the gov- 

 ernor, or person exercising the office of governor, in any such parts of 

 his Majesty's dominions in America, under or in pursuance of any such 

 order in council, as aforesaid." 



Fourth, that "if any person or persons, upon requisition made by 

 the governor of Newfoundland, or the person exercising the office of 

 governor, or by any governor, or person exercising the office of gov- 

 ernor, in any other parts of his Majesty's dominions in America as 

 aforesaid, or by any officer or officers acting under such governor, or 

 person exercising the office of governor, in the execution of any orders 

 and instructions from his Majesty in council, shall refruse to depart 

 from such bays or harbors; or if any person or persons shall refuse or 

 neglect to conform to any regulations or directions which shall be 

 made or given for the execution of any of the purposes of this act; 

 every such person so refusing or otherwise ofi'ending against this act 

 shall forfeit the sum of two hundred pounds." 



Reserving comments upon this statute for another place, we pro- 

 ceed with our narrative. The four years succeeding the ratification 

 of the convention, were years of comparative quiet and security. But 

 in 1823, the ships-of-war Argus* and Sparrow-hawk spread alarm 

 among our fishermen who were employed in the Bay of Fundy, and 

 elsewhere in the waters of Nova Scotia and New Brunswick. They 

 molested some, and ruined the voyages of others; but the Charles of 

 York, Maine a prize to the Argus is believed to be the only vessel 

 captured and sent into port for trial. 



* Formerly of the United States navy, and captured in the war of 1812. 



