The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-21

T1ns Prsvinssas Inv Rsgulating the Fisheries.
We published last week the existing treaty stipu-
lstions between Great Britain and the United States
and other foreign powers relative to the fisheries.
The following ia an abstract Of the present law Of
Nova Scotia for their regulation, which we insert
Tor the information of those Of fishermen who are
about sailing, or preparing to engage In pursuit
which may render them amenable to its provisions.
BY she first section officers of the colonial reve
nue. shsrif magistrates. and any other person duly
commissioned for that purpose may go on board any
vessel boat within any harbor in the province, or
lowering within three marine miles OF any OF the
coasts or harbors thereof and remain board while
she is within such place or distance"
II is further provided that il such vessel or boat
remain twentyfour hours after having been required
to depart I" either Of the officers above mentioned
MAJ hring her into port and search her cargo, and
also examine the master upon oath touching the
cargo and voyage and if he shall not answer the
questions demanded Of him he shall forfeit fl0o,
and any prohibited goods on rsaiu snai DC
II any foreign vessel " shall have been .,oubu nsu-
ing or preparing to fs or to have been fishing WIN
in three marine miles Of such st or harbors, such
vessel or boat and the cargo shall be forfeited All
goods vessels and boats liable to forfeiture may be
seized and secured by such officers or other persons
50 authorized. and every person opposing them or
aiding in such opposition shall forfeit f200.
The fifth and sixth sections provide for the custody
Of vessels and goods that haze been seized and pre-
scribe the manner in which vessels or goods that
have been condemnei shall be disposed OF, and how
the proceeds shall be applied and tie seventh sec
ton gives the Admiralty Court Jurisdiction for the
recovery OF penalties aud foretures under the act:
the Judge OF which Court with the consent OF parties
making seizures may order there delivery OF vessels
or goods when seized on security by boud. When
condemnation takes place, the value OF the property
for which bond has been given is to be paid into
Court half OF which amount is to be allowed the
seizeIs and tie other half after deductng all costs
that have beeA incurred, is to be padinto the Pro
uncal treasury.
All suits for penalties or forfeitures are to be in
the name of the Queen TO be prosecuted by the Ad-
vocate or Solicitor Ceneral aid in case OF dispute
as to whether person were authorized to make
seizure, oral evidence may be heard thereupon and
proof touching the ilesality thereof shall be upon
the owner or claimant No claim to anything seized
and returned for adjudication shall be admitted ex-
cept under oath, to lie made by the owner, his at
torney agent, and no person shall enter clalu
until security shall have been gwen, not exceeding
Geo. to answer ard pay costs; and in default Of
such security the things seized shall be audged for
ieited and condemned.
Section the thirteenth provides that no writ shall
be sued out against any officer or person making
seizure until month after notice in writing shall
have been given, stating full particulars as to the
cause Of action, the name and residence OF the
claimant bringing the action and restricting the
evidence tHSI SNAIL De gwen W Wudt Is Cou-
tanned in such notice of action, which must bs
brought within three months after the cause
thereof has arisen Ii on any information or suit
brought to trial account of any seizure Judgment
shall be given for the claimant, and the judge
shall certify that there probable cause OF sci
zure the claimant shall not recover costs, nor shall
the person making the seizure be liable to any &C
ton or suit on account thereof. And If any suit
shall be brought against such seizer, and judgment
be given against him, il the Judge shall similarly
certify, then the plaintiff besides the thing seized or
its value, shall not recover more than twopence
damages, nor any costs Of suit shall the defend
ant be fined more than shilling. The sezing Of
fcer may tender amends within month after no
tce Of action, and may afterwards plead such tender;
aud al actions for recovery of forieitures or penal
tss must pe commenced within three years. All
appeals must be prosecuted within twelve months
from the decree on sentence being pronounced.
The nineteenth and twentieth sections provide that
Provincial vessels shall when engaged in the coast
ing trade, lie provided with strip OF board on the
after part of the keel to prevent the rudder from in
terferng with fishing nets when set, and render the
owners or masters of vessels not provided liable
to penalty of five pounds, besides subjecting them
TO action for damages The last se; tion declares
that the term vessels shall include ships and that
"harbors" shall in,lude ports, bays an 4 creeks.