PERIOD FROM 1836 TO 1854. 431 



make that port, and were obliged to take shelter in the Tusket islands 

 for the night, at which place they were seized the next day, as before 

 mentioned. 



The master and crew of this vessel deposed, most solemnly, that no 

 fish, of any kind or description, had been taken or caught by them 

 during the present season, or since their departure from port, either 

 in the Tusket islands, or at any distance nearer to the coast of Nova 

 Scotia, or of any of the British possessions in America, than fifteen 

 miles; and that at no one time did they remain at anchor in the said 

 islands, or in any port on the coast, for a longer space than twenty- 

 four hours. They however admitted that, at the earnest solicitation 

 of an inhabitant of the Tusket islands, (whose name was to them 

 unknown,) they did, for one night lend their nets to him, and that 

 they received from him, on the following morning, a few herrings. 

 This occurred but once, and for one night only; they never having 

 remained in the islands for two consecutive nights. 



The master of the American fishing schooner Magnolia, seized at 

 the same time and place, deposed, in substance, to the same effect as 

 the foregoing, except that they had not lent or parted with their nets. 

 They deny most positively having fished, or attempted to take or 

 catch fish, within fifteen miles of the coast of this province during 

 the present season. The Magnolia is of the burden of thirty-seven 

 tons, or thereabouts; belongs to Vinalhaven and was fitted out and 

 cleared from that port on a fishing voyage into the Bay of Fundy; 

 she sailed from that port on the 2Gth day of April last, and was twice 

 in the Tusket islands for shelter and for wood and water during the 

 present season. The master's name is George Poole, the names of 

 the seamen are William S. Coombs, David Lane and Samuel Clark, 

 all residing at or near Vinalhaven, in the State of Maine. 



The master <>!' the schooner Java acknowledged that he and his 

 crew had taken fish in the islands, and was aware that the fact of 

 his having done so could lie proved against him. We therefore de- 

 clined t<> make any effort for his relief. The Java was fitted for a 

 fishing royage into the Bay of Fundy, and belonged to Vinalhaven; 

 and she was seized at the same time and place as were the other two 



els before mentioned. Isaac Burgess was master; die crew were 

 George McFarland, Charles J. Perkins and Thomas McFarland, all 

 residing at. or near Vinalhaven. 



A few day-; subsequently, (on the 31st day of May last.) another 

 application was made to me by .lame- Turner, (he master of the 



American fishing boal //'//'/. of Deer Island, in the State of Maine, 



who deposed thai the boat was lilted out on a fishing voyage into the 

 Bay of Fundy, about (he last of A.pril id' the present year; that they 

 had frequent ly been into the Tusket islands to seek shelter, and to ob- 

 tain WOOd and water-; and once only they anchored in this port, having 



come hither for the purpose of airing an additional hand. They 

 continued to fish until the 30th of May last, when, being at anchor 

 in the Tusket islands, the vessel, cargo and papers were seized and 

 taken po e ion of by the commander id" the victory, who brought 



the vessel and cargo into this port, and obliged (he master and crew lo 



leave her. They tate most positively thai they have not, since their 

 departure from the port of Vinalhaven, taken or caught fish of any 

 kind or de cription within fifteen miles of the coat of Nova Scotia, 



