DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 415 



the schooner and her cargo, to show cause why the White Fawn and 

 the articles above enumerated with her tackle, etc., should not be con- 

 sidered as forfeited to the Crown for a violation of the Imperial 

 Statute 59, George III., Cap. 38, and the Dominion Statutes 31 Vic., 

 Cap. 61, and 33 Vic., Cap. 15. 



The White Fawn, as it appears from her papers, was a new vessel 

 of 64 tons, and registered at Gloucester. Massachusetts, in 1870, and 

 owned in equal shares by Messrs. Somes, Friend, and Smith, of that 

 place ; 



That she was duly licensed for one year, to be employed in the 

 Coasting Trade and Fisheries, under the laws of the United 



States; 



247 That by her " Fishery Shipping Paper," signed by the 

 master and ten men, the usual agreement was entered into for 

 pursuing the Cod and other Fisheries, with minute provisions for 

 the division of the profits among the owners, skipper, and crew. 

 These papers and other documents found on board, are all in perfect 

 order, and not the slightest suspicion can be thrown upon them. The 

 Seamen's Articles are dated 19th November, 1870 : On the 24th Nov., 

 1870, she arrived at Head Harbour, a small bay in the eastern end of 

 Campobello, in the county of Charlotte, in this Province. 



Captain Betts, a Fishery Officer, in command of the Water Lily, a 

 vessel in the service of the Dominion, states that on the 25th Novem- 

 ber he was lying with his vessel at Head Harbor. Several other 

 vessels, and among them the White Fawn, were lying in the harbor ; 

 that he went on board the White Fawn: He states a number of par- 

 ticulars respecting the vessel from her papers, and adds that the 

 said vessel, White Fawn, had arrived at Head Harbor on the 24th 

 Nov., and had been engaged purchasing fresh herrings, to be used 

 as bait in trawl fishing; that there were on board about 5,000 her- 

 rings, which had been obtained and taken on board at Head Harbour; 

 also 15 tons of ice, and all the materials and appliances for trawl fish- 

 ing, and that the master admitted to him that the herring had been 

 obtained at Head Harbour by him for the purpose of being used as 

 bait for fishing. There are then some remarks as to the master being 

 deceived as to the fact of the cutter being in the neighbourhood, 

 which are not material; and, that deponent further understood that 

 persons had been employed at Head Harbor to catch the herring for 

 him; that he seized the schooner on the 2th, [sic], and arrived with 

 her the same evening at St. John, and delivered her on the next day 

 to the Collector of the Customs. 



No reason is given for the delay which has taken place of more 

 than two months in proceeding against the vessel, which was seized, 

 as alleged by Captain Betts, for a violation of the terms of the Con- 

 vention and the laws of Canada; her voyage was broken up, and 

 her crew dispersed at the time of the seizure. 



By the Imperial Statute, 59 George III., cap. 38, it is declared that 

 if any foreign vessel, or person on board thereof, " shall be found to 

 be fishing, or to have been fishing, or preparing to fish within such 

 distance (three marine miles) of the coast, such vessel and cargo 

 shall be forfeited." 



The Dominion Statute, 31 Vic., Cap. 61, as amended by 33 Vic., 

 Cap. 15, enacts : " If such foreign vessel is found fishing, or preparing 

 to fish, or to have been fishing in British waters, within three marine 



