122 CASE OP GREAT BRITAIN. 



The clause (6) of this statute was new legislation. The judges, as 

 has been stated, had disagreed as to whether purchasing bait could 

 be stopped under statutes which forbade " preparing to fish." It 

 was now included in the general prohibition. A despatch from the 

 Governor-General of Canada to the Colonial Secretary (19th May, 

 1886) explains the situation: 



Your Lordship is no doubt aware that the decisions of the Cana- 

 dian Courts leave it open to question whether the purchase of bait 

 in Canadian water does or does not constitute a preparation to fish 

 within the meaning of the Imperial Act of 1819, and the Canadian 

 statute which it is now sought to amend. The decision of Chiel 

 Justice Sir W. Young in the Vice- Admiralty Court of Nova Scotia 

 given in November 1871, in the case of the fishing-schooner " Nick- 

 erson, v was to the effect that the purchase of bait constituted such a 

 preparation to fish within Canadian waters. The same point had, 

 however, previously arisen in February 1871, in the case of the 

 American fishing-vessel *' White Fawn," when Mr. Justice 

 135 Hazen decided that the purchase of bait within the 3-mile 

 limit was not of itself a proof that the vessel was preparing to 

 fish illegally within that limit. 



There being therefore some doubt whether the intention of the con- 

 vention of 1818 is effectually carried out either by the Imperial or 

 the Canadian Acts referred to, it has been thought desirable by my 

 Government to have recourse to legislation removing all doubt as to 

 the liability to forfeiture of all foreign fishing-vessels resorting to 

 Canadian waters for purposes not permitted by law or by treaty." 



UNITED STATES STATUTES, 1887. 



Thereupon the United States passed a statute which contained the 

 following provision (App., p. 792) : 



That whenever the President of the United States shall be satisfied 

 that American fishing vessels or American fishermen, visiting or 

 being in the waters or at any ports or places of the British dominions 

 of North America, are or then lately have been denied or abridged 

 in the enjoyment of any rights secured to them by treaty or l^ . 

 or are or then lately have unjustly vexed or harassed in the enjoy- 

 ment of such rights, or subjected to unreasonable restrictions, regula- 

 tions, or requirements in respect of such rights; or otherewise un- 

 justly vexed or harassed in said waters, ports or places; or whenever 

 the President of the United States shall be satisfied that any such 

 fishing vessels or fishermen, having a permit under the laws of 

 the United States to touch and trade at any port or ports, place or 

 places in the British dominions of North America, are or then lately 

 have been denied the privilege of entering such port or ports, place 

 or places in the same manner and under the same regulations as 

 may exist therein applicable to trading vessels of the most favoured 

 nation, or shall be unjustly vexed or harassed in respect thereof, 



or otherwise be unjustly vexed or harassed therein, or shall be pre- 



- 



8 Can. Sess. Pap. 1887, No. 16, p. 56. 



