162 The Frederick G erring, Jr. 



State on the subject of the seizure of, and subsequent proceedings 

 in connection with, the United States fishing schooner Frederick 

 Gerring, Jr. 



The Minister of Marine and Fisheries, to whom the matter 

 was referred, submits the following observations : — 



Briefly, it may be said that the vessel in question was seized 

 by a Canadian Cruiser, for fishing within the territorial waters of 

 Canada, in violation of the Convention of 1818, and the Statutes 

 provided thereunder. 



She and her cargo and equipment were condemned in the 

 Vice Admiralty Court of Nova Scotia and forfeited to the Crown, 

 and on appeal to the Supreme Court of Canada the decision of the 

 Court of first instance was confirmed. 



The United States Government having through diplomatic 

 channels intervened for a suspension of the penalty, Your Excel- 

 lency's Government in the exercise of their executive clemency, 

 decided that the vessel should be released and given back to her 

 owners, on payment by them of the costs incurred by Your Ex- 

 cellency's Government, in the Admiralty Court and the Court of 

 ■Appeal ; and also the charges for custody and otherwise in con- 

 nection with the seizure, as well as a nominal fine for infraction of 

 the law. 



The exact nature of this conditional release can perhaps be 

 best understood from an examination of the amount of expenses 

 which would accrue to the owners : — 



Legal expenses $977.25 



Care of vessel 20th January, 1898 239.00 



Nominal fine 1.00 



Total $1217.25 



Credit proceeds sale of fish 606.55 



Balance $610.70 



On the 13th. of January, 1898, the legal representative of the 

 owner of the vessel was informed that the vessel would be handed 

 over on the payment of the sum of $610.70, and the officer who 

 personally tendered the vessel was informed that his clients had 

 not decided whether to take the vessel back or not. 



