Appendix to the Memorial. 135 



can be so closed np that no escape is possible for the fish ; an open 

 space must be left for the dip-net used in the bailing out of the fish. 

 The whole process of pursing and bailing is thus described by the 

 owner of the G erring. 



Q. Have you had experience in pursing seines? A. Yes, 

 for 7 or 8 years. 



O. Describe how it is done? A. You take the seine and 

 set it out of the boat, and when you get a shoal of fish you 

 go alongside the seine with the vessel and make it fast to the 

 vessel forward and aft. You make the jibs fast and guy out 

 the booms and bail out the fish w^ith a long-handled dip-net 

 right on the deck of the vessel. * ♦ ♦ 



Q. Is it usual for a fishing vessel to lie with her sheets 

 ofif and her jibs down, when she is taking fish out of the 

 net ? A. Yes, that is the way they have to do. 



Q. What is the object of it? A. It is on account of the 

 seine. If the jibs were kept up it would tear the seine all to 

 pieces. 



Q. Why do you let the sheets ofiF? A. They have to do 

 it. If the sheets were kept in she would go astern foremost 

 if the jibs were down. 



Q. The object is to keep her in about the same position? 

 A. Yes. 



It is not difficult to understand that owing to various causes — 

 mismanagement, mishaps or mere accidents — the fish may and do 

 in fact escape from the seine after it is pursed up. The seine may 

 break, the fastenings at either end of the vessel may give way, 

 the jibs and sheets may become unmanageable, the fish may jump 

 into the sea over the floating sides of the seine, or from the dip- 

 net, and many other things may happen which would prevent the 

 fishermen from capturing the fish enclosed in the seine. In the 

 eyes of the law, the possibility of such accidents, mishaps and 

 mismanagement renders the property and possession of the fish not 

 complete till it is in the vessel. 



But admitting that the fish enclosed in a seine pursed up is in 

 the possession of the fisherman, upon what ground can it be pre- 

 tended that the bailing of the fish is not an operation of fishing? 

 As remarked by Chief Justic MacDonald. the baiiing was neces- 

 sary to reduce the property to useful possessions. 



