Appendix to the Memorial. 95 



A. I cannot agree with that. I don't see how a vessel can make to 

 the eastward with the current running to the westward. 



Q. But if she is going against the current she will drift more 

 inshore? A. Yes. 



Judgment of Chief Justice MacDonald. 



This is an action claiming the condemnation of the schooner 

 Frederick G erring, a vessel of the United States of America for 

 a violation of the Fishery Laws of Canada. 



The vessel was seized on the 25th day of May last past off 

 Liscombe. on the southern coast of Nova Scotia, by the Dominion 

 cruiser Aberdeen, where it is alleged she was engaged in fishing 

 within three miles of the coast in violation of law. It is clearly 

 proved that the defendant vessel when seized was engaged in 

 fishirg mackerel, but the defendants allege by way of defense, 

 rirst, that when seized the vessel was not within three miles of 

 the const, and Second, that if at the time of seizure she was within 

 the three-mile limit, she had thrown her seine, in which the fish 

 were taken, while beyond three miles from the coast, and when 

 seized was engaged only in saving from the seine the fish there 

 lawfully enclosed by the seine. The facts appear to be concisely 

 as follows : On the morning of the 25th of May aforesaid the 

 fishing cruiser Vigilant, Capt. MacKenzie, commander, was cruis- 

 ing off Liscombe when he saw the defendant vessel with others, also 

 fishing vessels, sailing along the coast. He first saw the Fred- 

 crick Gcrriiui between four and half past four p. lu. fishing. 

 The seine had been thrown and was then pursed up, and the 

 schooner was going up to her boat which was attached to the 

 seine, in which a quantity of fish was enclosed. Capt. MacKenzie 

 passed within two hundred yards of the schooner and seine, but 

 did not disturb her operations, as having taken his bearings and 

 that of the schooner he decided that she was at least a half a 

 mile outside of the prohibited line. The Vigilant then proceeded 

 to the westward, cruising slowly along the coast, when about an 

 hour and a half afterwards he observed the Canadian steam cruiser 

 Aberdeen coming up from the west and south, and about half an 

 hour afterwards saw her alongside the Frederick Gerring. The 



