604 CORRESPONDENCE, ETC. 



G. When prosecuting as above directed, avail yourself of the pro- 

 cedure authorized by the 103rd Clause of the Merchant Shipping Act. 



An extract of a letter from the Under Secretary of State for the 

 Colonies descriptive of the mode in which the combination of these 

 l wo Aets is rendered effective for the purposes of prosecution is given 

 herewith. See Extract from Colonial Oflicc letter of 23rd June, 1866. 



D. This will enable you to send the Vessel for adjudication to 

 any Admiralty Court, and consequently to that situated in the Port 

 most convenient to you, i. e. a Vessel seized in Nova Scotian waters 

 could be sent to Charlotte Town, Prince Edward Island for con- 

 demnation, and so of all the other Provinces respectively. 



E. You may prosecute under the Colonial Acts when it will not 

 be inconvenient to you, to adhere strictly to the Clause directing the 

 delivery of the Vessel seized to the Revenue Officer next to tlie place 

 where seized, but in no other case. 



F. You will observe that the Colonial Acts prescribe the delivery 

 of Vessels which are seized " to the Officers of the Colonial Revenue 

 next to the place where seized", and further prescribe the Court in 

 which the forfeiture shall be prosecuted. 



In all cases in which delay would ensue from delivering the Vessel 

 over as above directed, you are to send the Vessel direct to the Port 

 where the Court exists, in which the Vessel seized is to be prosecuted, 

 and there to deliver her over to the Revenue Officers. 



G. You are to make every proper allowance for mistakes which 

 may have arisen in the position of the Fishing Vessels from thick 

 weather or other sufficient causes, confining yourself in such cases 

 to warning them off. 



You are to give every Vessel warning only on one separate occa- 

 sion of finding her in the act of fishing within the prohibited limits, 

 after which, should you find the same Vessel committing a trespass 

 for the second time, and are satisfied that the neglect of your warn- 

 ing is wilful and persevering, you are to seize her and send her 

 into Port for condemnation. 



In all such cases, you are to be careful that the Vessel seized is 

 within three miles of the land, her position being determined by 

 bearings taken in such a mode as will admit of their accuracy being 

 sworn to in Court by three competent witnesses ; and you are to have 

 the same amount of evidence of the commission of the offence, 

 whether that be of having fished, of fishing, or of preparing to fish, 

 observing as regards this last offence, the evidence must be very con- 

 clusive to ensure condemnation. 



In the event of making a seizure, you are, when practicable, to 

 tow the Vessel into Port, being careful in all cases to remove her 

 Crew, with the exception of the Master, observing that when in tow 

 her Colours are not to be hoisted. Should you not take the Vessel 

 into Port yourself, her Crew are to be landed at the nearest Port 

 where there is an American Consul. 



II. By " substantial invasion of British rights " you are to under- 

 stand such proceedings as are detrimental to the British fishermen in 

 the prosecution of their calling. Any case of this description is to 

 be reported to me, in order to its being dealt with as I may direct, 



