364 MISCELLANEOUS 



Crane and Dubois are fishermen, residents of Wood's Island, Bay 

 of Islands. On Thursday, the 8th day of November last, they pro- 

 ceeded beyond the jurisdiction of this Colony, to wit, to a point more 

 than three miles from the coast of Newfoundland, and shipped to 

 Captain Hall, of the schooner Ralph L. Hall, of Gloucester, Mass., 

 in the United States of America, as part of his fishing crew, for the 

 purpose of prosecuting the herring fishery during the current season 

 on the west coast of this island, and on a portion of the coast on 

 which the Americans have rights of fishery under the Treaty of 

 Washington of 1818. 



These two men took this step bond fide, relying on the modus 

 vivendi recently agreed upon between Great Britain and the United 

 States relative to this fishery, which agreement has been published 

 by the Imperial Government, and also relying on the assurances 

 given the fishermen of Bay of Islands as to their rights and privi- 

 leges by the Commander of the British warship Brilliant, which 

 ship is now at Bay of Islands. 



After shipment these men came inside the waters of this Colony 

 and proceeded to catch herring as part of the fishing crew of said 

 schooner. On Monday, the 12th November, they were engaged in 

 putting herring on board the vessel at Wood's Island. 



On Wednesday, the 15th day of November, they were cited before 

 Levi March, Esq., Stipendiary Magistrate at Bay of Islands, to 

 answer a charge preferred against them by Joseph O'Reilly, as Com- 

 missioner of the Government of Newfoundland, charged with the 

 enforcement of Chapter 129 of the Consolidated Statutes of New- 

 foundland (second series) , commonly known as " The Bait Act." 



The charge preferred against them was that on Monday, the 12th 

 day of November, at Wood's Island, they had unlawfully put on 

 board the Gloucester schooner Ralph L. HaU, a quantity of bait 

 fishes, to wit, one barrel of herring, without a licence for that purpose, 

 contrary to the provisions of Chapter 129 of the Consolidated 

 Statutes of Newfoundland (second series). 



After hearing before Magistrate March the men were convicted, 

 and were punished by a fine of $500 each, or three months' imprison- 

 ment. 



I had the honour to represent the men at the hearing, and I gave 

 notice of an appeal to the Supreme Court of Newfoundland. 



This necessitated the finding of bonds, which were obtained after 

 some little difficulty. 



The appeal is now pending, and without prejudice to any legal 

 rights which the said appellants may have in the premises, they 

 humbly direct this statement of their case to the consideration of 

 Your Excellency and of the Imperial authorities. 



The men have acted in good faith and upon the representation of 

 the Imperial authorities. Their fishery has been interfered with. 

 They have been put to considerable expense. They have been sen- 

 tenced to rigorous punishment, which may or may not be enforced 

 by the decision of the Supreme Court. 



They are both honest, industrious young men. One is married and 

 is the sole support of a wife and little child, and has, I understand, 

 increasing burdens coming upon him. The other has an aged mother. 

 who looks to him for maintenance, and altogether both are deserving 

 of that consideration which humanity and natural justice dictate. 



