MISCELLANEOUS. 1099 



Decision in the case of the White Fawn. 

 In the Court of Vice Admiralty. 



Judgment of his honor Judge Hazen in the case of the " White 



Fawn." 



The following is a copy of the decision recently pronounced by his 

 honor Judge Hazen in this case: 



At the last sitting of this court Mr. Tuck, B. C., proctor for the 

 Crown, applied, on behalf of Sir John A. McDonald, the attorney- 

 general of the Dominion, for a monition, calling upon the owners of 

 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 emploved in the 

 coasting trade and fisheries, under the laws of the United States ; 



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 Harbor, 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 ves- 

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

 he went on board the White Fawn. He states a number of particu- 

 lars respecting the vessel from her papers, and adds that the said ves- 

 sel, 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 herrings, which 

 had been obtained and taken on board at Head Harbor; also 15 tons 

 of ice, and all the materials and appliances for trawl fishing; and 

 that the master admitted to him that the herring had been obtained 

 at Head Harbor by him for the purpose of being used as bait for 

 fishing. There are then some remarks as to the master being de- 

 ceived as to the fact of the cutter being in the neighborhood, 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 



