Appendix to the Memorial. Ill 



EXHIBIT 9. 



SUPREME COURT OF CANADA. 



The Ship Frederick Gerring, Jr. (Defendant), Appellant, 



and 

 Her Majesty the Queen (Plaintiff), Respondent. 



On Appeal from the Exchequer Court of Canada, Admi- 

 ralty District of Nova Scotia. 



Appeal from the decision of the Exchequer Court of Can- 

 ada, Admiralty District of Nova Scotia,^ which decreed that 

 the ship, her cargo, &c., should be forfeited with costs. 



The action was brought against the American fishing schooner 

 Frederick Gerring, Jr., her cargo, tackle, rigging, apparel, furni- 

 ture and stores for the condemnation and forfeiture of the same, 

 the ship having been arrested for the violation of the treaty or 

 convention of 1818 between Great Britain and the United States 

 of America, and of the statutes 59 Geo. III. (Imp.) ch. 38, en- 

 titled "An Act to enable His Majesty to make regulations with 

 respect to the taking and curing of fish on certain parts of the 

 coast of Newfoundland, Labrador, and His Majesty's other pos- 

 sessions in North America according to a convention made be- 

 tween His Majesty and the United States of America;" and R. 

 S. C. ch. 94, entitled "An Act respecting Fishing by Foreign Ves- 

 sels, and the Acts in amendment thereof;" upon the hearing before 

 the local judge of the Admiralty District of Nova Scotia a decree 

 was made declaring the forfeiture with costs, and from this de- 

 cree tlie owners have taken the present appeal. 



The substance of the treaty and of the above mentioned Acts 

 are set out in the report of the decision of the Exchequer Court. 



The vessel was seen fishing off Gull Ledge and Liscombe Light 

 on the coast of Nova Scotia on the 25th May, 1896, about half 

 a mile outside of the prohibited line by the captain of the Canadian 

 fisheries cruiser Vigilant, her seine had been thrown and was then 

 pursed up and she was going up to her boat which was attached 



1-5 Can. Ex. R. 164. 



