Appendix to the Memorial. 129 



such a way as to enclose the fish in a kind of bag, the mouth of 

 which is then made fast to the vessel forward and aft, and drawn 

 above the level of the water, and the live fish taken from it by 

 bailing. The setting and drawing of the seine is the work of a 

 short time, but the proper handling of the seine afterwards and 

 getting the fish from it is an operation taking considerable time, in 

 this case two hours. 



It is a recognized principle of maritime and international law 

 that every nation has jurisdiction over the waters adjacent to its 

 shores to the distance of a marine league. There is, however, in 

 every other nation, the right to navigate such waters for harmless 

 purposes subject to such supervision as may be deemed necessary 

 to prevent abuse. "It seems to me," says the present Master of 

 the Rolls, in The Queen v. Keyn^ — 



that this is in reality a fair representation of the accord or 

 agreement of substantially all the foreign writers on interna- 

 tional law, and that they all agree in asserting that, by the 

 consent of all nations, each which is bounded by the open sea 

 has a right over such adjacent sea as a territorial sea, that 

 is to say, as a part of its territory, and that they all mean 

 thereby to assert that it follows, as a consequence of such sea 

 being part of its territory, that each sucli nation has in general 

 the same right to legislate and enforce its legislation over 

 that part of the sea as it has over its land territory. With 

 its own consent, given to all other nations in the same way 

 as they have consented to its right of territory, consent from 

 which neither it nor they can rightly depart without the con- 

 sent of all, there is for all nations a free right of way to pass 

 over such sea with harmless intent, but such a right does not 

 derogate from the exercise of all its sovereign rights in other 

 respects. 



This, it is true, is from a dissentient opinion, hut by a declara- 

 tory Act, 41 & 42 Vic, ch. 73, the territorial rights thus asserted 

 were declared to have always existed. See also The Queen v. 

 Dudley.' 



Upon the close of the war of 1812, and in consequence of a 

 difference of opinion between the governments of Great Britain and 



12 Ex. D. 63 at p. 135. 

 V14 0. B. D. 273. 



