Appendix to the Memorial, 127 



King, J. — This is an appeal from a judgment in the Admiralty 

 Court condemning the American fishing schooner Frederick Ger- 

 ring, Jr., for violation of the fishery laws. 



According to the testimony of the seizing officer the vessel 

 when seized was about a mile and a half outside of Gull Ledge, 

 on the coast of Nova Scotia. Her crew at the time were engaged 

 in taking mackerel from a purse or bag seine made fast to the 

 vessel. 



A couple of hours previously she had been observed by Capt. 

 MacKenzie, of the fishery protecting cruiser Vigilant, in the act of 

 going up to her seine boat after the seine had been thrown and 

 drawn together, or pursed. The vessel and her seine boat were 

 then, in Capt. MacKenzie's opinion, about a half mile outside of 

 the three-mile limit. The interval appears to have been wholly 

 spent in taking the fish from the seine. In this operation the 

 sheets are eased off, and headway taken off the vessel to prevent 

 r.er fouling the seine, or destroying it by too rapid movement 

 through the water; and it was contended for the appellant that it 

 was not possible, in the existing conditions of wind and current, 

 that the vessel could have got inside the limit. This contention 

 assumed the correctness of Capt. MacKenzie's observation respect- 

 ing the position of the G erring when he saw her. as already stated, 

 and was suf)ported by a substantial body of expert evidence as to 

 the effects of currents, etc. There was, however, evidence of like 

 character the other way, and (what w-as more material) direct 

 testimony as to cross bearings taken on board the seizing vessel 

 iust before the seizure, of certain objects on the land, which, if 

 correct, would show the Gerring to have been then, within the 

 limits. It appears also, that the commander of the Aberdeen, 

 the seizing vessel, took the reasonable course of endeavoring to 

 show to the master of the Gerring the position of his vessel upon 

 his own chart, by bearings taken with his own compass. It is 

 admitted that the seizing officer asked for the compass and chart 

 in order to take the bearings of certain points and indicate them 

 on the chart. There is, however, a difference between the parties 

 as to what took place when the chart was produced. The com- 

 mander of the Aberdeen says that it was in a condition that 

 rendered it useless for the purpose. The master of the Gerring 

 took no bearings, and his opinion as to his vessel's position rests 



