900 



Mr. Dana. — So far as I am concerned, I assume that there has been no com- 

 demnation for " buying bait." 



Sir Alexander Gait. — 1 do not refer specially to tiic purchase of bait, but to 

 anything except catching fish. 



Mr. ThoiiLion. — There have been several convictions for catching bait. 



Mr. Foster. — 1 never had my attention called to any conviction, or attempted 

 conviction, except lor fishing inside. The case of the " Nickerson," before Sir Wni. 

 Yonng, at Halifax, in 1870, and still later the decision in New Hrunswick in the case 

 of the " Wiiite Fawn." Tiie first was the only case 1 have heard of in which 

 there was a conviction for "preparing to fish." 



Sir Alexander Gait. — I do not specially refer to ''preparing to fish," because 

 tlicre are other offences created by the Statute. 



^[r. Foster. — I have here a list of vessels seized u|) to 14th December, 1870, and 

 the following are entered as their oifenccs ; — 



" ' Actively Hsliiii;;, tlic iiioii mi limwil in tiic ;irt of liiuiiiii;,' in their lines.' ' At iiiiclidr jMX'iiiU'iii^ 

 tisli. imd ii (iiiaiitily III' ('[■•■sli eiiiij:lit lienin;,' in tlie ImM ; tiikeii I'U tlio s]int, liiivinj; lieeii jiievion.sly 

 witnietl lid'.' ■ .Sninj,'i,'lin;,',' ' i'isiiin;,' se\en iliiys in (liispi' lliirliimr, iind jneiiariiii,' tn lisli iit time of 

 ■^ei/.nre.' 'At iiiielinr, line-^^et, nn wln'rli were six liiililmt.' ' Thripwin;,' (iiit luiit imd erew castin;,' tlieir 

 lisliinj; lines.' ' Sniui.';_'lini.'.' ■ IliivinL.' ti^lieil in tlie I'uve, ami iietnully t'onnd witli niin kerel wet and 

 ilii]il>in,L'. mid luioks liaited with tiesh lndt ; aNn iVesli fi.sh lilodil and niackeivl oll'ai.s on deck.' 

 ' Snin|.'j;lin.u'' ' ITavinL; li.slied al tliree inlands. (Ir.uid Maiuui.' ' rrejiaiinj,' In tish a'. Head IlailMiiir, 

 ('iun]ui Hello.' " 



The last was the case in regard to preparing to fisli, and where the learned 

 .lodge discharged the vessel, in opposition to the decision of Sir William ^oung in 

 the case of the " Nickerson.'' 



Mr. 77jo;;i,vo». — In tiic case of the "While Fawn," decided at St. John, the decison, 

 as I iiiiderstand it, is not in conllict with that of Sir William Young. Sir William 

 Young condemned the "Nickerson" because it was fishing, or preparing to fish, within 

 tiie piescribed limits. In the St. Jolin case, the libel was framed expressly for 

 buying bait within the harbour, with the intention of lisliing. It was shown that 

 the fisherman had purchased bait, but evidence that he went in there with the 

 intention of fishing was wanting. 



Mr. Thomsnu. — The (|uesti()n is, whctlier tiiere has ever been a conviction of an 

 American vessel for taking liait. I call your attention to the fact that the "Java," 

 " Independence," '• .Magnolia. •' and " Hart," were C(mvicted in 1839 of being within 

 the prescribed limits, and cleaning fish on deck. In 1840 the '" Papineau," "Alms," 

 and " Mary," were seized and sold for purchasing bait on shore. 



Mr. Tresrot. — The judgment went by default, there was no defence made. 



Tlitir.iday, September 6. 



Argument resumed. 



Mr. Dunn. — .Mr. Foster will state the results of inquiries made res[)ecting the 

 (ondemnation of .American vessels. 



Mr. Foster. — The substance of the facts, as we understand them, will be found 

 in a despatch from .Judge Jack.si.n to Hon. Bancroft Davis, dated March 11, 1871, 

 which is as follows: — 



'■ sir, / iiiliil ><l(ili:-i ('iDiJiulnl, lit Jfali/ii.i\ Sura Sinlia, Marrti 11, 1871. 



" I have tlie hnnmir t<> iMlorni ynn that, after e.\ainination and iiii|iiiry, I have not lieon ahle (.i 

 !ind :: .■■inLile adjiidi'.'ated ea.-sit in this I'rovini'e whicli can he cited a-i le^'al antJKa'ity, arisin;,' incier 

 the 'I'll ity iif l.sl,--', wliicji deehircs tlie ri^'ht, i<iliier under tlie Treuty, or tin- Statutes enacted for its 

 eiifdivenient, to coiiliscale American lishinj; V''.ssels for jaiivhasini.' .^iiiiplies in colonial jioit.s. 



"The vessels ri'fened to in a |iMiiilili!et i|ia'_'e ll.' pidilislied at Ottawa, iitiiler the direction of the 

 Ciiiudian Minister of Marine and Kislieiies, eiitith'l '.V fieview of I're.sidciit (Ji~ailt's Messajie,' a,s having 

 1 ceil sei/.ed for a vii^lation of ilie Kisiiery Ijiws, naindy, the schooners '.lava,' ' lTiile|ieiidence,' 

 ' Mai.'iiolia.' and ' Hart,' ill l.s:!'.i. and schooners,' raiiincan ' and ' Maiy ' in IH-lll, were eondeiniied li\ 

 the Vice-Adlniraliy Court in ilrfmill !•/ l/n n/ijuiindir, ol di leiidaiits U]ioii exparle dj/iiliiriln. 



" l'"roiii the small suiiis toi which llie vessels sold, it is not ini|irolialile that tliey wore liou;,'lil in for 

 the heiielit of the owners. 



" .Mtlioii^h it is stati'i ill ilie allidavits on the tiles of the Cmiii, that the nia.sters of .some of tlie 

 vessels had purchased liaii. ye* ii is sp(.( iaily iioticeahle that the cliarifc made n;.;«iiist the schooners 

 ■ .lava,' ' Iiidcpeiidciii e,' ' Ma;:iiolia,' and ' Hart,' hy the sei/iiij; ollieer, ('a]iliuii .1. W. K. Darby, iw the 

 ■•• ' ■■'' ""■•'■ "■■''■""■■■ " ■■ in liie lol!ouinf.'liuipuiigL' : — ' 'riiede|iimunt .suith tlint lie liulieves thu ndf ohjfrl 



'•naindof .siie!i sei/.ui' 



