MISCELLANEOUS. 1213 



not recover more than twopence damages, nor any costs of suit, nor 

 shall the defendant be fined more than one shilling." 



That "the seizing officer may, within one month after notice of ac- 

 tion received, tender amends to the party complaining, or his attorney 

 or agent, and plead such tender." 



That "all actions for the recovery of penalties or forfeitures imposed 

 must be commenced within three years after the offence committed." 



And that "no appeal shall be prosecuted from any decree or sen- 

 tence of any court in this province touching any penalty or forfeiture, 

 unless the inhibition be applied for and decreed within twelve months 

 from the decree or sentence being pronounced." 



lhe next measure of Nova Scotia was in 1837, when an elaborate 

 report on the subject of the fisheries was submitted to the House of 

 Assembly, which embraced a plan of protection by the employment 

 of steamers on the part of the nome government, and of a preventive 

 force on the part of the government of the colony. The latter recom- 

 mendation was adopted. 



But the design of committing the ministry to the plans of political 

 leaders in this loyal possession of the British crown was not aban- 

 doned. Early in 1838 a joint address of the Legislative Council and 

 House of Assembly was transmitted to the Queen, complaining of the 

 habitual violation of the convention of 1818 by American citizens, and 



Eraying for an additional naval force to put an end to these aggressions. 

 Q November, of that year, Lord Glenelg, the colonial secretary, in a 

 despatch to Lieutenant General Sir Colin Campbell, lieutenant gov- 

 ernor of Nova Scotia, remarked, in reply to this address, that 



"In obedience to her Majesty's commands, this subject has engaged 

 the serious attention of her Majesty's government, and it has been de- 

 termined for the future to station, during the fishing season, an armed 

 force on the coast of Nova Scotia to enforce a more strict observance 

 of the provisions of the treaty by American citizens, and her Majesty's 

 minister at Washington has been instructed to invite the friendly co- 

 operation of the American government for that purpose. 



"The necessary directions having been conveyed to the lords com- 

 missioners of the admiralty, their lordships have issued orders to the 

 naval commander-in-chief on the West Indian and North American 

 station to detach, as soon as the fishing season shall commence, a small 

 vessel to the coast of Nova Scotia, and another to Prince Edward 

 Island, to protect the fisheries. The commanders of these vessels will 

 be cautioned to take care that, while supporting the rights of British 

 subjects, they do not themselves overstep the bounds of the treaty. 

 You will of course afford them every information antl assistance which 

 they may require for the correct execution of this duty. I trust that 

 measures will prove satisfactory to the legislature of Nova Scotia." 



In March, 1839, the consul or the United States at Pictou addressed 

 a letter to Mr. Forsyth, Secretary of State, in which, after referring to 

 the seizure of several of our fishing vessels during the previous year, 

 he said that 



"The British government has decided to send out two armed ves- 

 sels, to be stationed during the fishing season on these coasts, for the 

 purpose of preventing any infringements of the treaty; and although 

 I am well aware that much of the outcry which has been made on this 

 subject has had its origin in the disappointed feelings of Nova Scotia 

 fishermen, on seeing themselves so far outstripped in the successful 



