in America not included within the limits specified in the first article of the said convention, are liable to seizure: and whereas the United States did, by the said convention, renounce forever any liberty enjoyed or claimed by the inhabitants thereof to take, dry or cure fish on or within three marine miles of any of the coasts, bays, creeks or harbors of his Britannic Majesty's dominions in America not included within the above mentioned limits: Provi ded, however, That the American fishermen should be admitted to enter such bays or harbors for the purpose of shelter, and of repairing damages therein, of purchasing wood and of obtaining water, and for no other purpose whatever, but under such restrictions as might be necessary to prevent their taking, drying or curing fish therein, or in any other manner whatever abusing the privileges thereby reserved to them: and whereas no rules or regulations have been made for such purpose, and the interests of the inhabitants of this province are materially impaired; and whereas the said act does not designate the persons who are to make such seizure as aforesaid, and it frequently happens that persons found within the distances of the coasts aforesaid, infringing the articles of the convention aforesaid, and the enactments of the statute aforesaid, on being taken possession of, profess to have come within said limits for the purpose of shelter and repairing damages therein, or to purchase wood and obtain water, by which the law is evaded, and the vessels and cargoes escape confiscation, although the cargoes may be evidently intended to be smuggled into this province, and the fishery carried on contrary to said convention and statute.

I. Be it therefore enacted by the Lieutenant Governor, Council and Assembly, That from and after the passage of this act, it shall be lawful for the officers of his Majesty's customs, the officers of impost and excise, the sheriffs and magistrates throughout the province, and any person holding a commission for that purpose from his excellency the Lieutenant Governor, for the time being, to go on board any ship, vessel or boat, within any port, bay, creek or harbor in this province; and also, to go on board of any ship, vessel or boat, hovering within three marine miles of any of the coasts, bays, creeks or harbors thereof, and in either case freely to stay on board such ship, vessel or boat, as long as she shall remain within such port or distance; and if any such ship, vessel or boat be bound clsewhere, and shall continue so hovering for the space of twenty-four hours after the master shall have been required to depart, it shall be lawful for any of the above cnumerated officers 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; and if the said ship, vessel or boat shall be foreign, and not navigated according to the laws of Great Britain and Ireland, and shall have been found fishing or preparing to fish, or to have been fishing within such distanco 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.

II. And be it further enacted, That all goods, ships, vessels and boats liable to forfeiture under this act, shall and may be seized and secured by any such officer of his Majesty's customs, officer of impost and excise,

sheriffs, magistrates or other person holding such commission, as aforesaid; and every person who shall in any way oppose, molest or obstruct any officer of the customs, officers of impost and excise, sheriff, magistrate, or other person so commissioned and employed as aforesaid, in the exercise of his office, or shall in any way oppose, molest or obstruct any person acting in aid or assistance of such officer of the customs, officers of impost and excise, sheriff, magistrate, or other person so commissioned and employed as aforesaid, shall, for every such offence, forfeit the sum of two hundred pounds.

III. And be it further enacted, That all goods, ships, vessels and boats which shall be seized as being liable to forfeiture under this act, shall be taken forthwith and delivered into the custody of the collector and comptroller of the customs, at the custom-house next to the place where the same were seized, who shall secure and keep the same in such manner as other vessels and goods seized are directed to be secured by the commissioners of his Majesty's customs.

IV. And be it further enacted, That all goods, ships, vessels, boats or other thing, which shall have been condemned as forfeited under this act, shall, under the direction of the principal officer of the customs or excisewhere such seizures shall have been secured, be sold by public auction to the best bidder, and the produce of such sale shall be applied as follows, that is to say the amount chargeable for the custody of said goods, ship, vessel, boat or any other thing so seized as aforesaid, shall be first deducted and paid, and the residue divided into two equal moieties, one of which shall be paid to the officer or other person or persons legally seizing the same, without deduction, and the other moiety to the government, and paid into the treasury of this province, all costs incurred having been first deducted therefrom. Provided always, That it shall be lawful for the commissioners of the revenue to direct that any of such things shall be destroyed or reserved for the public service.

V. And be it further enacted, That all penalties and forfeitures which may be hereafter incurred under this act, shall and may be prosecuted, sued for and recovered in the court of vice-admiralty having jurisdiction in this province.

VI. And be it further enacted, That if any goods, or any ship, vessel or boat, shall be seized as forfeited under this act, it shall be lawful for the judge or judges of any court having jurisdiction to try and determine such seizures, with the consent of the person seizing the same, to order the delivery thereof, on security by bond, with two sufficient sureties to be first approved by such seizing officer or person, to answer double the value of the same in case of condemnation, and such bond shall be taken to the use of his Majesty, in the name of the collector of the customs in whose custody the goods or ship, vessel or boats may be lodged, and such bond shall be delivered and kept in the custody of such collector; and in case the goods or the ship, vessel or boat shall be condemned, the value thereof shall be paid into the hands of such collector, who shall cancel such bond, and distribute the money paid in such manner as above directed.

VII. And be it further enacted, That no suit shall be commenced for the recovery of any penalty any penalty or forfeiture under this act, except in the name of his Majesty, and shall be prosecuted by his Majesty's advocate or attorney general, or, in his absence, by the solicitor general for this pro

vince; and if any question shall arise, whether any person is an officer of the customs or excise, sheriff, magistrate, or other person authorised to seize as aforesaid, viva voce evidence may be given of such facts, and shall be deemed legal and sufficient evidence.

VIII. And be it further enacted, That if any goods, ship, vessel or boat shall be seized for any cause or forfeiture under this act, and any dispute shall arise whether the same have been lawfully seized, the proof touching the illegality thereof shall lie on the owner or claimant of such goods, ship, vessel or boat, and not on the officer or person who shall seize and stop the same.

IX. And be it further enacted, That no claim to anything seized under this act, and returned into his Majesty's court of vice-admiralty for adjudication, shall be admitted, unless such claim be entered in the name of the owner, with his residence and occupation, nor unless oath to the property in such thing be made by the owner or by his attorney or agent by whom such claim shall be entered, to the best of his knowledge and belief; and every person making a false oath thereto shall be deemed guilty of a misdemeanor, and shall be liable to the pains and penalties to which persons are liable for a misdemeanor.

X. And be it further enacted, That no person shall be admitted to enter a claim to anything seized in pursuance of this act, and prosecuted in this Province, until sufficient security shall have been given in the court where such seizure is prosecuted, in a penalty not exceeding sixty pounds, to answer and pay the costs occasioned by such claim; and in default of giving such security, such things shall be adjudged to be forfeited, and shall be condemned.

XI. And be it further enacted, That no writ shall be sued out against, nor a copy of any process served upon any officer of the customs or excise, sheriff, magistrate, or other person authorized to seize as aforesaid, for anything done in the exercise of his office, until one calendar month after notice in writing shall have been delivered to him or left at his usual place of abode by the attorney or agent of the party who intends to sue out such writ or process, in which notice shall be clearly and explicitly contained the cause of action, the name and place of abode of the person who is to bring such action, and the name and place of abode of the attorney or agent, and no evidence of the cause of such action shall be produced, except of such as shall be contained in such notice, and no verdict shall be given for the plaintiff unless he shall prove on the trial that such notice was given; and in default of such proof, the defendant shall receive in such action a verdict and costs, or judgment of nonsuit shall be awarded against the plaintiff, as the court shall direct.

XII. And be it further enacted, That every such action shall be brought within three calendar months after the cause thereof, and shall be laid and tried in any of his Majesty's courts of record in this Province, and the defendant may plead the general issue, and give the special matter in evidence; and, if the plaintiff shall become nonsuited, or shall discontinue the action, or if, upon a verdict or demurrer, judgment shall be given against the plaintiff, the defendent shall receive treble costs, and have such remedy for the same as any defendant can have in other cases where costs are given by law.

XIII. And be it further enacted, That in case any information or suit

shall be brought to trial on account of any seizure made under this act, and a verdict shall be found for the claimant thereof, and the judge or court before whom the cause shall have been tried shall certify on the record that there was probable cause of seizure, the claimant shall not be entitled to any costs of suit, nor shall the person who made such seizure be liable to any action. Indictment, or other suit or prosecution on account of such seizure, and if any action, indictment or other suit or prosecution shall be brought to trial against any person on account of such seizure, wherein a verdict shall be given against the defendant, the plaintiff, besides the thing seized, or the value thereof, shall be entitled to no more than two pence damages, nor to any costs of suit, nor shall the defendent in such prosecution be fined more than one shilling.

XIV. And be it further enacted, That it shall be lawful for any such officer of the customs or excise, or sheriff, or magistrate, or other person authorised to seize as aforesaid, within one calendar month after such no-, tice, to tender amends to the party complaining, or his agent, and to plead such tender in bar to any action, together with other pleas; and if the jury shall find the amends sufficient they shall give a verdict for the defendant; and, in such case, or in case the plaintiff shall become nonsuit, or shall discontinue his action, or judgment shall be given for the defendant upon demurrer, then such defendant shall be entitled to the like costs as he would have been entitled to in case he had pleaded the general issue only: Provided always, That it shall be lawful for such defendant, by leave of the court where such action shall be brought, at any time before or after issue joined, to pay money into court as in other actions.

XV. And be it further enacted, That in any such action, if the judge or court before whom such action shall be tried, shall certify upon the record that the defendant or defendants in such action acted upon probable cause, then the plaintiff in such action shall not be entitled to more than two pence damages, nor to any costs of suit.

XVI. And be it further enacted, That all actions or suits for the recovery of any of the penalties or forfeitures imposed by this act, may be commenced or prosecuted at any time within three years after the offence committed, by reason whereof such penalty or forfeiture shall be incurred, any law, usage or custom to the contrary notwithstanding.

XVII. And be it further enacted, That no appeal shall be prosecuted from any decree or sentence of any of his Majesty's courts in this province, touching any penalty or forfeiture imposed by this act, unless the inhibition shall be applied for and decreed within twelve months from the time when such decree or sentence was pronounced.

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 restrictions respecting the fisheries on the coasts, bays, creeks or harbors of the province of Nova Scotia.

I received on the 22d of March Mr. Forsyth's despatch of the 20th of February, on the subject of the fisheries and the intercourse of our vessels with Nova Scotia.

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I immediately addressed an official note to Lord Palmerston on the subject of the fisheries, a copy of which, with his Lordship's acknowledgement, I have how the honor to enclose.

[Enclosure.]

Mr. Stevenson to Lord Palmerston.

32 UPPER GROSVENOR STREET,

March 27, 1841.

The undersigned, Envoy Extraordinary and Minister Plenipotentiary from the United States, has the honor to acquaint Lord Viscount Palmerston, her Majesty's Principal Secretary of State for Foreign Affairs, that he has been instructed to bring to the notice of her Majesty's government, without delay, certain proceedings of the colonial authorities of Nova Scotia, in relation to the seizure and interruption of the vessels and citiizens of the United States engaged in intercourse with the ports of Nova Scotia, and the prosecution of the fisheries on its neighboring coasts, and which, in the opinion of the American government, demand the prompt interposition of her Majesty's government. For this purpose the undersigned takes leave to submit to Lord Palmerston the following representa

tion:

By the first article of the convention between Great Britain and the United States, signed at London, on the 20th of October, 1818, it is provided: "1st. That the inhabitants of the United States shall have forever, in common with the subjects of Great Britain, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau islands; on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon islands; on the shores of the Magdalen islands; and also on the coasts, bays, harbors and creeks from Mount Joly, on the southern coast of Labrador, to and through the straits of Belleisle, and thence northwardly indefinitely along the coast, without prejudice, however, to the exclusive rights of the Hudson Bay Company. 2dly. That the American fishermen shall also have liberty forever to dry and cure fish in any part of the unsettled bays, harbors and creeks of the southern portion of the coast of Newfoundland before described, and of the coast of Labrador; the United States renouncing any liberty before enjoyed by their citizens to take fish within three marine miles of any coasts, bays, creeks or harbors of the British dominions in America not included within the above limits, i. e. Newfoundland and