128 The Frederick G erring, Jr. 



entirely upon the general appearance of the coast to the eye. Capt. 

 MacKenzie's testimony is important, as he places the vessel outside 

 the limits when the seine was thrown. He was not concerned in 

 the seizure, and his observation of the subsequent position of the 

 Gerring is entitled to much consideration. During the two hours 

 his vessel appears to have drifted considerably inshore, and he 

 observed the Aberdeen steaming up to the Gerring, and, at that 

 time, noticed that the latter vessel was then inside the three miles 

 limit. It further appears that there is an indraught amongst the 

 islands along the coast, and we all know that amongst things not 

 fully understood is the cause of the variation in strength of coast 

 currents at different seasons. 



The direct testimony in the case was quite sufficient to war- 

 rant the conclusions of the learned judge as to the position of the 

 vessel. 



The remaining question is whether what the vessel did within 

 the three miles limit v^as a violation of any of the provisions of the 

 fishery laws. It is to be taken as the fact that when she entered 

 Canadian waters the purse seine had been drawn together inclosing 

 the fish in it. The appellant's contention is that, upon this, the act 

 of fishing or taking fish was completed, and that the Gerring was 

 afterwards merely taking on board her own property. 



Upon this point MacDonald, C. J., says : 



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

 that, admitting the seine to have been thrown, and the fish in- 

 closed in it, outside of the three-mile limit, it is not an offence 

 against the Act to continue to bail the fish from the seine 

 into the vessel after permitting her to drift across the pro- 

 hibited boundary. I cannot accept his contention that the 

 "fishing" and the "catching of the fish," are completed when 

 the seine is successfully thrown. Further labour is required 

 to save the fish from the sea and reduce the property to useful 

 possession, and until that be completed the act of "fishing" 

 and "catching fish" is not in my opinion completed. 



The evidence is somewhat meagre respecting the operation 

 of taking fish by purse seines. It appears that the seine is about 

 twenty-eight fathoms in depth, and, when drawn together, about 

 twelve or fourteen fathoms. It is set from a boat rowed rapidly 

 around the school of fish, and then drawn together from below in 



