Appendix to the Memorial. 117 



of sinkers attached to the bottom and of floats attached to the top. 

 When the two ends of the seine are come together it is more or 

 less cyhndrical in shape, the fish being surrounded by the cylinder. 

 At the bottom, and running all round it, is a rope, called the purse 

 Hne, both ends of which are secured by the men in the seine-boat. 

 After both ends of the seine have been brought together, one end 

 of this line is taken by one portion of the crew in the boat and 

 th^ other end by the remainder. By pulling this rope in opposite 

 directions, the net. which until now is cylindrical in shape, is closed 

 at the bottom, such closing constituting what is known as the 

 "pursing" of the seine, the result being to make it assume the form 

 of a bag or purse, while the school of mackerel, or such portion 

 of it as has been entrapped, are enclosed within it. The fishing 

 vessel is then brought alongside the seine, and the latter still float- 

 ing in the water, with the fish therein enclosed, is attached to the 

 vessel fore and aft. The area of the enclosure is circumscribed as 

 may be necessary by gathering in the ends of the seine, and thus 

 confining the fish to a more limited space in order to render easier 

 the operation of bailing them out. In nautical language this process 

 of circumscribing the area of the enclosure is known as "drying 

 up" the seine. The fish are then bailed out of the seine on board 

 the vessel. The operation of setting the seine and of pursing it 

 up is over in about ten or twelve minutes. Hours, in the present 

 case, at least two, are occupied in the operation of taking the fish 

 from the seine, the time being dependent upon various causes, but 

 mainly, I suppose, upon the quantity of fish in the seine. At no 

 time during any of these operations is the vessel or seine at 

 anchor; the vessel lays to, and the whole drifts at will with the 

 tide or current. 



As I understand the argument of the appellant, it is contended 

 that, the fish having been surrounded by the seine, and enclosed 

 therein outside the three-mile limit, the act of "fishing" wvas then 

 complete, and that anything done by the crew of the vessel after 

 the pursing up process could not be called "taking fish," or "fish- 

 ing" within the meaning of the convention or of the statutes re- 

 ferred to. I do not think it necessary to refer at length to the 

 canons of construction which govern in a case like the present. 

 Penal statutes, of course, must be construed strictly. When one 

 is accused of having violated a statute it is clear that he must un- 



