CANADA.

Revised Statutes, 1906, Chapter 45.

Powers of Fishery Officers and other Justices.

69. Every subject of His Majesty may use vacant public property, such as by law is common and accessory to public rights of fishery and navigation, for the purposes of landing, salting, curing and drying fish, and may cut wood thereon for such purposes, and no other person shall occupy the same station unless it has been abandoned by the first occupant for twelve consecutive months; and at the expiration of that period any new occupier shall pay the value of flakes and stages and other property thereon, of which he takes possession, or the buildings and improvements may be removed by the original owner.

Revised Statutes, 1906, Chapter 47.

Boarding and Search.

5. Any commissioned officer of His Majesty's navy, serving on board any vessel of His Majesty's navy cruising and being in the waters of Canada for the purpose of affording protection to His Majesty's subjects engaged in the fisheries, or any commissioner officer of His Majesty's navy, fishery officer or stipendary magistrate, on board of any vessel belonging to or in the service of the Govern

ment of Canada, and employed in the service of protecting 1374 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 harbour in Canada, or hovering in British waters within three marine miles of any of the coasts, bays, creeks, or harbours in Canada, or in or upon the inland waters of Canada, and stay on board so long as she remains within such harbour or distance. R. S., c. 94, s. 2.

6. Any one of the officers or persons herein before 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, or in or upon the inland waters of Canada, into port, and search her cargo, and may also examine the master or person in command upon oath touching the cargo and voyage. R. S., c. 94, s. 3 and 20.

Order-in-Council, September 12, 1907, promulgating Fishery Regu lations.

GENERAL FISHERY REGULATIONS.

Sec. 5.-Lobster Fishery.

12. No one shall, for canning purposes, boil lobsters on board any ship, vessel, boat or floating structure of any description whatever, except under special license from the Minister of Marine and Fisheries.

THIRD SCHEDULE.

Specific provisions in respect of customs regulations, and light, harbour, and other dues referred to in Questions 3 and 4, which are

claimed by the United States to be inconsistent with the true interpretation of the treaty if applied to American fishermen and executed against them in such a manner as to restrict them in the free exercise of their treaty liberties and privileges.

NEWFOUNDLAND.

Act of March 30, 1898.

Report and Entry Inwards.

22. The master of every vessel coming from any port or place out of this Colony, or coastwise, and entering any port in this Colony, whether laden or in ballast, shall go without delay, when such vessel is anchored or moored, to the Custom House for the port or place of entry where he arrives, and there make a report in writing to the collector or other proper officer, of the arrival and voyage of such vessel, stating her name, country and tonnage, the port of registry, the name of the master, the country of the owners, the number and names of the passengers, if any, the number of the crew, and whether the vessel is laden or in ballast, and if laden, the marks and numbers of every package and parcel of goods on board, and of the sorts of goods and the different kinds of each sort contained therein, and where the same was laden, and the particulars of any goods stowed loose, and where and to whom consigned, and where any, and what goods, if any, have been laden or unladen, or bulk has been broken during the voyage, what part of the cargo and the number and names of the passengers which are intended to be landed at that port, and what and whom at any other port in this Colony, and what part of the cargo, if any, is intended to be exported in the same vessel, and what surplus stores remain on board, as far as any of such particulars are or can be known to him.

Entry Outwards.

96. Except as provided by section 112, the master of every vessel bound outwards from any port in this Colony to any port or place out of this Colony, or on any voyage to any place within or without the limits of this Colony, or coastwise, shall deliver to the collector or other proper officer a report in writing outwards under his hand, of the destination of such vessel, stating her name, country, and tonnage, the port of registry, the name of the master, the country of the owners and the number of the crew;

97. The master of every vessel, whether in ballast or laden shall, before departure, come before the collector, or other proper officer, and answer all such questions concerning the vessel, and the cargo, if any, and the crew, and the voyage, as are demanded of him by such officer, and if required, shall make his answers or any of them part of the declaration made under his hand. . . .

* * *

the

98. If any vessel departs from any port or place in this Colony without a clearance, or if the master delivers a false content, or does not truly answer the questions demanded of him, master shall incur a penalty of four hundred dollars; and the vessel shall be detained in any port in this Colony until the said penalty is paid; and unless payment is made within twenty days, such vessel may, after the expiration of such delay, be sold to pay such penalty,

and any expenses incurred in detaining, keeping and selling such vessel.

112. Entry outwards of any vessel bound from the coasts of Labrador to any place out of this Colony, shall be made according to sections ninety-six and ninety-seven of this Act: Provided that should the master of any vessel by reason of the absence of the collector or by reason of his inability to reach the collector, be prevented 1375 from clearing his vessel in conformity with the provisions

of the above-quoted sections of this Act, the owners, shippers or consignors of the cargo on board such vessel shall deliver to the collector at St. John's at the earliest opportunity, an entry, in the form required by section one hundred of this Act, of such parts of the cargo as have been shipped by them respectively, and in case of such person neglecting or refusing to deliver such entry to the collector at St. John's, they shall incur a penalty of two hundred dollars.

Protection of the Revenue.

118. If any vessel is found hovering in British waters, within one league of the coasts or shores of this Colony, any officer of Customs may go on board and enter into such vessel, and stay on board such vessel while she remains within the limits of this Colony or within one league thereof; and if any such vessel is bound elsewhere, and so continues hovering for the space of twenty-four hours after the master has been by such officer of Custom, required to depart, such officer may bring the vessel into port, and examine her cargo, and if any goods, the importation of which into this Colony is prohibited are on board, such vessel, with her apparel, rigging, tackle, furniture, stores and cargo, shall be seized and forfeited; and if the master or person in charge refuses to comply with the lawful directions of such officer, or does not truly answer such questions as are put to him, respecting such ship or vessel or her cargo, he shall incur a penalty of four hundred dollars.

121. If any vessel enters any place other than a port of entry, unless from stress of weather or other unavoidable cause, any dutiable goods on board thereof, except those of an innocent owner, shall be seized and forfeited, and the vessel, if of less value than eight hundred dollars, may be seized, and the master or person in charge. thereof shall incur a penalty not exceeding four hundred dollars, and the vessel may be detained until such penalty is paid; and unless payment is made within thirty days, such vessel, may, after the expiration of such delay, be sold to pay such penalty, and any expenses incurred in making the seizure and in the safe keeping and sale of such vessel.

122. If any vessel worth more than eight hundred dollars, enters any place other than a port of entry, unless from stress of weather or other unavoidable cause, and dutiable goods on board thereof except those of an innocent owner, shall be seized and forfeited, and the vessel may be seized, and the master or person in charge thereof shall incur a penalty of eight hundred dollars; and the vessel may be detained until such penalty is paid; and unless payment is made within thirty days, such vessel may, after the expiration of such delay, be sold to pay such penalty, and any expenses incurred in making the seizure in the safe keeping and sale of such vessel.

Act of July 19, 1899—An Act relating to Light Dues.

1. Upon every merchant vessel or ship entering any port or place within this colony, other than coasting, sealing or fishing vessels owned and registered in this colony, there shall be levied and paid once in every calendar year (but not oftener than once in three months) the following duty or rate per registered ton, that is to say:-At the rate of twenty-four cents per ton up to and including 500 tons, and twelve cents per ton additional on every ton over 500 up to and including 1,000 tons, and six cents per ton additional on every ton over 1,000 tons and up to and including 2,000 tons. On no ship or vessel shall a greater rate than two hundred and forty dollars be levied in any one calendar year or oftener than once in three months.

9. Any officer duly authorized by law to collect rates or dues under this Act may go on board any vessel, being within three miles of any part of the coasts of this colony, and stay on board while she remains in port or within such distance, and may, in addition to the powers and procedure prescribed in section 5 of this Act, bring into port and detain such vessel until payment or satisfaction of all light dues by law recoverable.

CANADA.

Revised Statutes, 1906, Chapter 48.

16. The master of every vessel coming from any port or place out of Canada, or coastwise, and entering any port in Canada, whether laden or in ballast, shall go without delay, when such vessel is anchored or moored, to the Custom-house for the port or place of entry where he arrives, and there make a report in writing to the collector or other proper officer, of the arrival and voyage of such vessel. 96. The master of every vessel bound outwards from any port in Canada to any port or place out of Canada, or on any voyage to any place within or without the limits of Canada, coastwise or by inland navigation, shall deliver to the collector or other proper officer a report outwards under his hand of the destination of such vessel, stating her name, country and tonnage, the port of registry, the name of the master, the country of the owners and the number of the

crew.

98. The master of every vessel whether in ballast, or laden, shall, before departure, come before the collector or other proper officer, and answer all such questions concerning the vessel and the cargo, if any, and the crew and the voyage, as are demanded of him by such officer, and, if required, shall make his answers or any of them part of the declaration made under his hand.

1376

Revised Statutes, 1906, Chapter 113.

Pilotage Dues.

430. The Governor in Council may from time to time, make the payment of pilotage dues compulsory or not compulsory, within the limits of any pilotage district fixed by the Governor in Council under this Part. R. S., c. 80, s. 13.

471. No Customs officer shall grant a clearance to any ship liable to pilotage dues at any port in Canada, where there is a duly constituted pilotage authority which collects the pilotage dues and at which pilotage dues are payable, until there has been produced to such Customs officer a certificate from the pilotage authority of the district or some officer or person authorized by such authority to grant the same, that all pilotage dues in respect to such ship have been paid or settled for to the satisfaction of such authority. R. S., c. 80, s. 53.

Compulsory Payment of Pilotage Dues and Exemptions. 475. Every ship which navigates within either of the pilotage districts of Quebec, Montreal, Halifax or St. John, or within any pilotage district within the limits of which the payment of pilotage dues is, for the time being, made compulsory by order in council under this Part shall pay pilotage dues, unless,

(a) such ship is on her inward voyage and no licensed pilot offers his services as a pilot; or

(b) she is exempted under the provisions of this Part, from payment of such dues. R. S., c. 80, s. 58.

476. If such ship is on her outward voyage and the owner or master of such ship does not employ a pilot or give his ship into the charge of a pilot, such dues shall be paid, if in the pilotage district of Quebec, to the Quebec Pilots Corporation, and, if in any other pilotage district to the pilotage authority of such district. R. S., c. 80, s. 58.