to twenty-five inclusive, relating to the fisheries, shall take effect as soon as the laws required to carry them into operation shall have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward's Island, on the one hand, and by the Congress of the United States on the other, and that such assent having been given, the said articles shall remain in force for the term of years mentioned in the said article thirty-three; and whereas it is expedient that the laws required to carry the said treaty into effect as respects Canada, should be passed by the Parliament of the Dominion: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The act of the Parliament of Canada passed in the thirty-first year of Her Majesty's reign, chapter sixty-one, intitled " An Act respecting Fishing by Foreign Vessels," and the Act of the said Parliament passed in the thirty-third year of Her Majesty's reign, chapter fifteen, intituled: "An Act to amend the Act respecting fishing by Foreign Vessels," and the Act of the said Parliament passed in the thirty-fourth year of Her Majesty's reign, chapter twenty-three, intituled: "An Act further to Amend the Act respecting fishing by Foreign Vessels," and the ninety-fourth chapter of the Revised Statutes of Nova Scotia, (third series) intituled: "Of Coast and Deep Sea Fisheries," and the Act of the legislature of Nova Scotia, passed in the twenty-ninth year of Her Majesty's Reign, chapter thirty-five, amending the same, and the Act of the legislature of New Brunswick, passed in the sixteenth year of Her Majesty's Reign, chapter sixty-nine, intituled "An Act relating to the coast fisheries, and for the preventing of illicit trade," so far as the said Acts of the Legislatures of Nova Scotia and New Brunswick, respectively, apply to any case to which the said Acts of the Parliament of Canada apply, shall be and are hereby suspended as respects vessels and inhabitants of the United States of America engaged in taking fish of every or any kind except shell-fish, on the seacoasts and shores, and in the bays, harbours, and creeks of the Provinces of Quebec, Nova Scotia, and New Brunswick, as shall also all Acts, laws, or regulations (if any) over which the Parliament of Canada has control, which would in any wise prevent or impede the full effect of the said Article eighteen. 2. Fish oil and fish of all kinds (except fish of the inland lakes and of the rivers falling into them, and except fish preserved in oil) being the produce of the fisheries of the United States, shall be admitted into Canada free of duty. 3. Goods, wares, and merchandize arriving at any of the ports of Canada, and destined for the United States of America, may be entered at the proper custom house, and conveyed in transit, without the payment of duties, through Canada, under such rules, regulations, and conditions for the protection of the Revenue, as the Governor in Council may from time to time prescribe; and under like rules, regulations, and conditions, goods, wares and merchandize may be conveyed in transit, without payment of duties, from the United States through Canada, to other places in the United States, or for export from ports in Canada. 4. Citizens of the United States may carry in United States' vessels, without payment of duty, goods, wares and merchandize from one port or place in Canada to another port or place in Canada, provided that a portion of such transportation is made through the territory of the United States by land carriage, and in bond, under such rules and regulations as may be agreed upon between the Government of Her Majesty, and the Government of the United States. 5. The foregoing sections of this Act shall come into force upon from and after a day to be appointed for that purpose by a Proclamation based upon an order of the Governor in Council, and shall remain in force during the term of years mentioned in Article thirty three of the said Treaty. No. 86.-1886, December 24: Statute of Canada, 49 Vict., Cap. 114. An Act further to amend the Act respecting Fishing by Foreign Vessels. (Reserved by the Governor General on Wednesday, 2nd June, 1886, for the signification of the Queen's pleasure thereon. Royal Assent given by Her Majesty in Council, on the 26th day of November, 1886. Proclamation thereof made on the 24th day of December, 1886.) Whereas it is expedient for the more effectual protection of the inshore fisheries of Canada, against intrusion by foreigners, to further amend the Act intituled "An Act respecting Fishing 632 by Foreign Vessels," passed in the thirty-first year of Her Majesty's Reign, and chaptered sixty-one: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada enacts as follows: 1. The section substituted by the first section of the Act thirtythird Victoria, chapter fifteen, intituled "An Act to amend the Act respecting Fishing by Foreign Vessels," for the third section of the hereinbefore recited Act, is hereby repealed, and the following section substituted in lieu thereof: "3. Any one of the officers or persons hereinbefore mentioned may bring any ship, vessel or boat, being within any harbour in Canada, or hovering in British waters within three marine miles of any of the coasts, bays, creeks or harbours in Canada, into port, and search her cargo, and may also examine the master upon oath touching the cargo and voyage; and if the master or person in command does not truly answer the questions put to him in such examination, he shall incur a penalty of four hundred dollars; and if such ship, vessel or boat is foreign, or not navigated according to the laws of the United Kingdom or of Canada, and (a) has been found fishing or preparing to fish, or to have been fishing in British waters within three marine miles of any of the coasts, bays, creeks or harbours of Canada, not included within the above mentioned limits, without a license, or after the expiration of the term named in the last license granted to such ship, vessel or boat, under the first section of this Act, or (b) has entered such waters for any purpose not permitted by treaty or convention, or by any law of the United Kingdom or of Canada for the time being in force, such ship, vessel or boat and the tackle, rigging, apparel, furniture, stores an cargo thereof shall be forfeited." 2. The acts mentioned in the schedule hereto are hereby repealed. 3. This Act shall be construed as one with the said "Act respecting Fishing by Foreign Vessels" and the amendments thereto. SCHEDULE. Acts of the Legislature of the Province of Nova Scotia. ACT OF THE LEGISLATURE OF THE PROVINCE OF NEW BRUNSWICK, 6 Vic. (1853), c. 69.. And [An] Act relating to the Coast Fisheries and The whole. No. 87.-1886, Statute of Canada: Revised Statutes, 1886, cap. 94. An Act respecting Fishing by Foreign Vessels. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Governor in Council may, from time to time, grant to any foreign ship, vessel or boat, or to any ship, vessel or boat not navigated according to the laws of the United Kingdom or of Canada, at such rate and for such term not exceeding one year, as he deems expedient, a licence to fish for, take, dry or cure any fish of any kind whatsoever, in British waters, within three marine miles of any of the coasts, bays, creeks or harbors of Canada, not included within the limits specified and described in the first article of the convention between his late Majesty King George the Third and the United States of America, made and signed at London, on the twentieth day of October, one thousand eight hundred and eighteen. 31 V., c. 61, s. 1;-46 V., c. 27, s. 1. 2. Any commissioned officer of Her Majesty's navy, serving on board of any vessel of Her Majesty's navy cruising and being in the waters of Canada for the purpose of affording protection to Her Majesty's subjects engaged in the fisheries, or any commissioned officer of Her Majesty's navy, fishery officer or stipendiary magistrate, on board of any vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the fisheries, or any officer of the customs of Canada, sheriff, justice of the peace or other person duly commissioned for that purpose, may go on board of any ship, vessel or boat within any harbor in Canada or hovering in British waters within three marine miles of any of the coasts, bays, creeks or harbors in Canada, and stay on board so long as she remains within such harbor or distance. 31 V., c. 61, s. 2. 633 3. Any one of the officers or persons hereinbefore mentioned may bring any ship, vessel or boat, being within any harbor in Canada, or hovering in British waters, within three marine miles of any of the coasts, bays, creeks or harbors in Canada, into port, and search her cargo, and may also examine the master upon oath touching the cargo and voyage; and if the master or person in command does not truly answer the questions put to him in such examination, he shall incur a penalty of four hundred dollars; and if such ship, vessel or boat is foreign, or not navigated according to the Laws of the United Kingdom or of Canada, and (a) has been found fishing or preparing to fish, or to have been fishing in British waters within three marine miles of any of the coasts, bays, creeks or harbors of Canada, not included within the abovementioned limits, without a licence, or after the expiration of the term named in the last licence granted to such ship, vessel or boat, under the first section of this Act, or (b) has entered such waters for any purpose not permitted by treaty or convention, or by any law of the United Kingdom or of Canada for the time being in force, such ship, vessel or boat and the tackle, rigging, apparel, furniture, stores and cargo thereof shall be forfeited. 49 V., c. 114, s. 1. 4. All goods, ships, vessels and boats and the tackle, rigging, apparel, furniture, stores and cargo liable to forfeiture under this Act, may be seized and secured by any officers or persons mentioned in the second section of this Act; and every person opposing any officer or person in the execution of his duty under this Act, or aiding or abetting any other person in any such opposition, is guilty of a misdemeanor, and liable to a fine of eight hundred dollars and to two years' imprisonment. 31 V., c. 61, s. 4. 5. Goods, ships, vessels and boats, and the tackle, rigging, apparel, furniture, stores and cargo seized as liable to forfeiture under this Act, shall be forthwith delivered into the custody of such fishery officer, or customs officer or other person, as the Minister of Marine and Fisheries, from time to time, directs, or shall be retained by the officer making the seizure in his own custody, if so directed by the Minister, and in either case shall be secured and kept as other goods, ships, vessels and boats, and the tackle, rigging, apparel, furniture, stores and cargo seized are directed by the laws in force in the Province in which the seizure is made, to be secured and kept. 34 V., c. 23, s. 1. 6. All goods, vessels and boats, and the tackle, rigging, apparel, furniture, stores and cargo condemned as forfeited under this Act, shall be sold by public auction, by direction of the officer who has the custody thereof, under the provisions of the next preceding section of this Act, and under regulations made, from time to time, by the Governor in Council; and the proceeds of every such sale shall be subject to the control of the Minister of Marine and Fisheries, who shall first pay thereout all necessary costs and expenses of custody and sale; and the Governor in Council may, from time to time, apportion three-fourths, or less, of the net remainder, among the officers and crew of any of Her Majesty's ships or Canadian Government vessel, from on board of which the seizure was made, as he thinks right, reserving to the Crown and paying over to the Minister of Finance and Receiver General, at least one-fourth of such net remainder, to form part of the Consolidated Revenue Fund of Canada; but the Governor in Council may, nevertheless, direct that any goods, vessel or boat, and the tackle, rigging, apparel, furniture, stores and cargo seized and forfeited, shall be destroyed, or be reserved for the public service. 34 V., c. 23, s. 2. 7. Every penalty or forfeiture under this Act may be recovered or enforced in any court of vice-admiralty within Canada. 31 V., c. 61, s. 7. 8. The judge of the court of vice-admiralty may, with the consent of the person who seizes any goods, ship, vessel or boat and the tackle, rigging, apparel, furniture, stores and cargo, forfeited under this Act, order the re-delivery thereof, on security by bond to be given by the party, with two sureties, to the use of Her Majesty; and if any goods, ship, vessel or boat, or the tackle, rigging, apparel, furniture, stores and cargo so re-delivered are condemned as forfeited, the value thereof shall be paid into court and distributed as hereinbefore directed. 31 V., c. 61, s. 8. 9. The Attorney General of Canada may, in Her Majesty's name, sue for or enforce any penalty or forfeiture incurred under this Act. 31 V., c. 61, s. 9. 10. If a dispute arises as to whether any seizure has or has not been legally made or as to whether the person who seized was or was not authorized to seize under this Act, oral evidence may be taken and the burden of proving the illegality of the seizure shall lie upon the owner or claimant. 31 V., c. 61, s. 10. 11. No claim to anything seized under this Act and returned into any court of vice-admiralty for adjudication shall be admitted unless the claim is entered under oath, with the name of the owner, his residence and occupation, and the description of the property claimed,-which oath shall be made by the owner, his attorney or agent, and to the best of his knowledge and belief. 31 V., c. 61, s. 11. 12. No person shall enter a claim to anything seized under this Act until security is given, in a penal sum not exceeding two hundred and forty dollars, to answer and pay costs occasioned by such claim; and in default of such security, the things seized shall be declared forfeited, and shall be condemned. 31 V., c. 61, s. 12. 13. No writ shall be sued out against any officer or other person authorized to seize under this Act for anything done under this Act, until one month after notice in writing has been delivered to him or left at his usual place of abode by the person intending to sue out such writ, his attorney or agent,-in which notice shall be contained the cause of action, the name and place of abode of the person who is to bring the action, and of his attorney or agent; and no evidence of any cause of action shall be admitted except such as is contained in such notice. 31 V., c. 61 s. 13. 14. Every such action shall be brought within three months after the cause thereof has arisen. 31 V., c. 61, s. 14. 634 15. If on any information or suit brought to trial under this Act on account of any seizure, judgment is given for the claimant, and the court or judge certifies that there was probable cause for seizure, the claimant shall not be entitled to costs, and the person who made the seizure shall not be liable to any indictment or suit on account thereof; and if any suit or prosecution is brought against any person on account of any seizure under this Act, and judgment is given against him, and the court or judge certifies that there was probable cause for the seizure, the plaintiff, besides the thing seized or its value, shall not recover more than four cents damages, and shall not recover any costs, and the defendant shall not be fined more than twenty cents. 31 V., c. 61, s. 15. |