DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 



395 



You are to give every vessel 

 warning only on one separate 

 occasion 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 warning is wilful and 

 persevering, you are to seize her 

 and send her into Port for con- 

 demnation. (See also Art. 7 of 

 the Instructions) 



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 be- 

 ing sworn to in Court by three 

 competent witnesses; and you are 

 to have the same amount of evi- 

 dence of the commission of the 

 offence, whether that be of hav- 

 ing fished, of fishing, or of pre- 

 paring to fish, observing as re- 

 gards this last offence, the evi- 

 dence must be very conclusive to 

 ensure condemnation. 



In the event of making a seiz- 

 ure, 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 near- 

 est Port where there is an Ameri- 

 can Consul. 



H. By " substantial invasion of 

 British rights," you are to under- 

 stand such proceedings as are det- 

 rimental to the British fishermen 

 in the prosecution of their call- 

 ing. Any case of this descrip- 

 tion is to be reported to me, in 

 order to its being dealt with as I 

 may direct, and the same course 

 is to be pursued in regard to the 



Her Majesty's Government had 

 consented to forego the exercise 

 of its strict right to exclude 

 American fishermen from the 

 Bay of Fundy; and they are of 

 opinion that, during the present 

 season that right should not be 

 exercised in the body of the Bay 

 of Fundy, and that American 

 fishermen should not be inter- 

 fered with either by notice or 

 otherwise, unless they are found 

 within three miles of the shore or 

 within three miles of a line drawn 

 across the mouth of a bay or 

 creek which is less than ten geo- 

 graphical miles in width, in con- 

 formity with the arrangement 

 made with France in 1839. 

 American vessels found within 

 these limits should be warned that 

 by engaging or preparing to en- 

 gage in fishing they will be liable 

 to forfeiture, and should receive 

 the notice to depart which is con- 

 templated by the laws of Nova 

 Scotia, New Brunswick, and 

 Prince Edward Island, if within 

 the waters of one of these Col- 

 onies under circumstances of sus- 

 picion. But they should not be 

 carried into port except after wil- 

 ful and persevering neglect of 

 the warnings which they may 

 have received; and in case it 

 should become necessary to pro- 

 ceed to forfeiture, cases should, 

 if possible, be selected for that 

 extreme step in which the offence 

 of fishing has been committed 

 within three miles of land. 



Her Majesty's Government do 

 not desire that the prohibition to 

 enter British Bays should be gen- 

 erally insisted on, except when 

 there is reason to apprehend some 

 substantial invasion of British 

 rights. And in particular, they 

 do not desire American vessels to 

 be prevented from navigating the 

 Gut of Canso (from which Her 

 Majesty's Government are ad- 

 vised they may be lawfully ex- 

 cluded), unless it shall appear 



