3388 AWARD OF THE FISHERY COMMISSION. 



Company, 7 Law Term, Reports, N. S., 641, where the rule is laid down 

 by Blackburn, J., in these words : 'It is agreed by all that a master is 

 responsible for the improper act of his servant, even if it be wilful, reck- 

 less or improper, provided the act is the act of the servant in the scope 

 of his employment, and in executing the matter for which he was 

 engaged at the time.' 



" These objections, therefore, having failed, and the fishing by the crew 

 within the reserved limits having been abundantly proved, this Court 

 condemns the Wampatuck, her tackle, apparel, furniture, stores and 

 cargo as forfeited under the Dominion Acts, the vessel to be sold at 

 public auction, and the proceeds to be distributed, along with the pro- 

 ceeds of the cargo, as directed by the Act of 1868." 



Is T o. 3. 



[Extract from the Halifax Daily Reporter and Times, Feb. 11, 1871.] 

 In the Vice Admiralty Court, 10th Feb'y, 1871. 



Ike "J.. H. Wanson," Fishing Vessel. Sir William Young, Judge Vice 



Admiralty. 



" This is a schooner of 63 tons burthen, belonging to Gloucester, in 

 the State of Massachusetts, sailing under an enrolment of 4th June, 

 1868, and a fishing license of 27th June last. On the 3rd Sept., she was 

 seized by Capt. Carmichael, of the Siceepslakes, one of the Dominion 

 cutters, for fishing within three marine miles of the coast of Cape Breton, 

 at Broad Cove, and was libelled therefor in the usual form on the 17th. 

 On the 19th her owners put in their responsive allegation, and at the 

 same time her master and four of her crew were examined thereon. 

 For the prosecution there were examined by the 30th Sept., the Captain, 

 the first officer, three of the other officers, and ten of the crew of the 

 Sweepstakes; and on the 21st and 22nd October there were examined 

 under commission at Canso, the master and two of the seamen of the 

 Dusky Lake, a fishing schooner belonging to Margaree. All the wit- 

 nesses on both sides in these 23 depositions were subjected to cross- 

 examination, and the evidence, as was perhaps to be expected, is con- 

 flicting. The case, as it will be perceived, was ready for trial by the 

 end of October ; but the intervening terms of the Supreme Court, and 

 the incessant engagements both of Judge and Counsel rendered it im- 

 possible to bring it on for a hearing until the 4th inst. The legal princi- 

 ples applicable to the case having been fully discussed in that of the 

 Wampatuck, the argument was confined to the effect of the evidence; 

 and the decision will turn solely on questions of fact. 



u On the 2d of September, the cutter, a sailing vessel, and scarcely 

 distinguishable from the usual class of fishing craft, arrived at Broad. 

 Cove about ten o'clock at night, and next morning a little before 5 

 o'clock, according to Captain Carmichael, who is confirmed in all essen- 

 tial particulars by his officers and crew, he discovered a number of 

 vessels, some say as many as 70, fishing close to them, and hove to 

 uuder their mainsails. Some of these were American, and Evans, the 

 boatswain, says he saw the captain of the American vessel nearest to 

 them stand on the house and wave his hat to the other vessels near at 

 hand, and they immediately hoisted their jibs and made off from shore. 





