BETWEEN GREAT BRITAIN AND FRANCE. 45 



every other operation connected with the act of fishing; and more 

 particularly as to circumstances likely to cause damage, shall be 

 taken cognizance of by the cruizers of both nations, whichever may 

 be the nation to which the fishermen guilty of such infractions may 

 belong. 



LXV. The commanders of cruizers of both countries shall exercise 

 their judgment as to the causes of any transgressions committed by 

 British or French fishing boats, in the seas where the said boats 

 have the right to fish in common; and when the said commanders 

 shall be satisfied of the fact of the transgression, they shall detain 

 the boats having thus infringed the established regulations, and may 

 take them into the port nearest to the scene of the occurrence, in 

 order that the offence may be duly established, as well by comparing 

 the declarations and counter declarations of parties interested, as 

 by the testimony of those who may have witnessed the facts. 

 ******* 



LXVII. Every fishing boat which shall have been taken into a for- 

 eign port, under either or the two preceding Articles, shall be sent back 

 to her own country for trial, as soon as the transgression for which 

 she may have been detained shall have been duly established. Neither 

 the boat nor her crew shall, however, be detained in the foreign 

 port more than 4 days. 



******* 



LXIX. All transgressions of these regulations established for the 

 protection of fisheries in the seas lying between the coasts of the 

 British Islands and those of France shall, in both countries, be sub- 

 mitted to the exclusive jurisdiction of the tribunal, or the magistrates 

 which shall be designated by law. 



This tribunal or these magistrates shall also settle all differences 

 and decide all contentions, whether arising between fishermen of the 

 same country, or between fishermen of the 2 countries, and which 

 cannot have been settled by the commanders of cruizers, or by the 

 consular agents and the collectors of customs, or commissaries of 

 marine, according to the country. 



The above-mentioned jurisdiction shall not, however, be under- 

 stood to apply to murder, felony, or any other grave crime ; all such, 

 crimes remaining subject to the ordinary laws of each country 

 respectively. 



******* 



LXXXV. The fishing boats of the one country shall not approach 

 nearer to any part of the coasts of the other country, than the limit 

 of 3 miles, specified in Article IX of the Convention signed at Paris 

 on the 2nd of August, 1839, except under the following circumstances: 



1. When driven by stress of weather, or by evident damage, to 

 seek shelter in the harbours, or within the fishery limits of the other 

 country. 



2. When carried within the limits established for the fishery of 

 the other country, by contrary winds, by strong tides, or by any other 

 cause independent of the will of the master and crew. 



3. When obliged, by contrary winds or tide, to beat up in order to 

 reach their fishing ground; and when, from the same cause of con- 

 trary wind or tide, they could not, if they remained outside, be able 

 to hold on their course to their fishing ground. 



