PERIOD FROM 1836 TO 1854. 469 



belonged and then the person aforesaid, who proved afterwards to 

 be Mr. Marshall, threatened to throw deponent into the boat, and as 

 he was unarmed and completely at the mercy of the invaders, no 

 alternative remained for him to choose, and he was compelled to get 

 into the said boat with one of his own men, where they were carried 

 on board the Victory and taken thence to Port Hood, where they 

 arrived on the following day and proceeded thence to the Gut of 

 Canso, where they met the said Schooner Mars, she having been 

 brought there by part of the Crew of the Victory, and the whole 

 Crew of the said Schooner Mars were then put ashore by the said 

 Mr. Marshall and there set adrift, and the said vessel Mars was 

 carried into Guysborough and taken possession of by the said Mr. 

 Marshall; and the said Francis Bennet further maketh oath and 

 saith, that from the time he left Gloucester on the said voyage, he 

 and the crew of the said Schooner Mars were only once engaged in 

 fishing, which was on the nineteenth day of the said month of Sep- 

 tember when she was off Port Hood, and four marine miles from the 

 land; and that the officer of the said Schooner Victory did not make 

 himself known to this deponent when he boarded the said Schooner 

 Mar &, neither demanded the Ship's papers, but with arms and threats 

 as aforesaid compelled this deponent to leave his vessel, while under 

 sail, and pursuing her proper course, and in no way or manner what- 

 ever, trespassing on the laws of Great Britain. 



(Signed) Francis Bennett. 



In testimony whereof the said appearer hath hereunto subscribed 

 his name making oath thereto, and I, the said Notary, have also 

 set my hand and affixed my seal of Office at Halifax aforesaid, this 

 fourth day of October, One thousand eight hundred and forty-one. 



William James Ward, 

 Notary and Tabellion Public. 



[Inclosure No. 2.] 



Province or "Nova Scotia,! 



County of Halifax, ss. 



Be it known and Made Manifest unto all whom it doth, shall or in 



anywise may concern: 



That on this fourth day of October in the Year of Our Lord one 

 t!i<ni-;i!Kl eight hundred and forty-one, Before me, William .lames 

 Ward, Esquire, Notary ami Tabellion Public, by Lawful authority 



duly admitted and sworn and practising in the City of Halifax, in the 



Province of Nova Scotia, Personally came and appeared Samuel L. 

 Fear - Ma ter of the Schooner Egn t of Gloucester in the United States 

 of America, who being by me, the -aid Notary, fully examined, and 

 solemnly sworn on the Holy Evangelists of Almighty God, deposeth 

 and saith, Thai on the Mventeentn day of the month of June, now 

 la i pa t, the said ve e] ailed from the port of Gloucester aforesaid, 

 on a Fishing Voyage, to Bay St. Lawrence, th<' Magdalene [slands 

 ami other usual fishing grounds, and has been 30 engaged in Fishing 

 during the pasi sea on, in no one in tance fishing within three marine 

 mile- of the British Shores, nor at any time being within that dis- 

 tance from them, except when making a harbor for a shelter, or to 

 obtain wood or water, which the said ves.-el wa- compelled to do, 



