98 The Frederick Gerring, Jr. 



must be correct. There is not a particle of evidence to justify 

 such suspicion of such error, and assuming as I do, the correct- 

 ness of the courses given by Capt. Knowlton, Capt. Spain has 

 shown by the cross bearings taken by himself from these courses 

 and the measurements made by entirely reliable instruments that 

 the locality of the Frederick Gerring at the time of seizure was 

 correctly indicated by Capt, Knowlton. That being so, it is im- 

 material to inquire how tl*e vessel reached that position. She was 

 there found, and found fishing, and the legal consequence must 

 result. 



I must not omit to notice the contention of Mr. MacCoy, that 

 admitting the seine to have been thrown and the fish enclosed in it 

 outside of the three mile limit, it is not an offense against the Act 

 to continue to bail the fish from the seine into the vessel after per- 

 mitting her to drift across the prohibited boundary. I cannot ac- 

 cept his contention that the "fishing" and the "catching of the fish" 

 was completed when the seine was successfully thrown. Further 

 labor is required to save the fish from the sea, and reduce the prop- 

 erty to useful possession, and until that be completed the act of 

 fishing and "catching" fish is not in my opinion completed, and in 

 the case before us the crew were in the act of bailing the fish from 

 the seine into the vessel when the seizure was made. It would, I 

 apprehend, be difficult, if not impossible to enforce these Fishery 

 Laws, to which our people attach supreme importance, if those 

 American subjects who so eagerly seek to compete with our people 

 along our shores in this industry, and who are not, I fear, always 

 over scrupulous in tlie observances of laws of which they have 

 ample notice, should be permitted to plead accident or ignorance 

 to a charge of infraction of these laws. Such a plea, however 

 effective it may be to the executive authority of the country, can- 

 not avail in this court. 



There will be a decree condemning the vessel and cargo with 

 costs. 



Order for Judgment. 



On the 5th day of August, 1896, before the Honorable James 

 MacDonald, Local Judge in Admiralty for the Admiralty District 

 of Nova Scotia. 



