4H INTERNATIONAL LAWS FOR THE 



prevent them. These and other peculiarities are only 

 known to practical fishermen and if it is left open by the 

 law as to what " compulsory circumstances " are, and non- 

 practical men are called upon as assessors to decide, it 

 is impossible for justice to be done in cases of dispute. 

 Again, suppose a boat either decked or undecked arrives 

 on the drift grounds where the fish are shoaling, and can- 

 not find a berth, except by shooting contrary to Article 16, 

 whichever way it may be, and a foul occurs, would these 

 be considered " compulsory circumstances," or is the boat 

 which is unable to find a berth to be condemned for not 

 having kept its nets in board ? Again, it sometimes 

 happens that boats, through light winds or other causes, 

 do not arrive on the grounds before dusk or dark, who is 

 then to decide as to which boat commenced to shoot first ? 

 It would have been better if some clause had been inserted 

 stating which vessel should be the one to go to work 

 first, in the event of two fleets of nets getting into close 

 proximity and rendering a foul probable, and specifying 

 a certain distance, for it sometimes happens that a small 

 decked lugger which has shot first is compelled to haul for 

 fear of a larger craft (perhaps with steam capstan) which 

 shot after her, and is drifting down on her ; as a foul with 

 the larger craft means the same result for the smaller one 

 as a collision between a private carriage and a goods 

 waggon. It will not be out of place here to remark that 

 the Convention makes no provision for signals to be dis- 

 played by fishermen to summon a cruiser to their assistance. 

 These cases of damage nearly always occur at night, when 

 the cruisers cannot see the vessels, and if authorised signals 

 could be made by a fisherman for the assistance of a cruiser, 

 in cases of collision of gear or damage, it would have a 

 certain deterrent effect on the wrong-doers, as they would 



