APPENDIX. 15 



The action of forfeiture was tried before the Honourable James 

 McDonald, Local Judge of the Nova Scotia Admiralty district, on 

 the 29th day of June last, and subsequent days, and from his 

 judgment condemning the Frederick Gerring, Jr. and her cargo, etc. 

 as forfeited, the present appeal is brought. 



The alleged offence for which said ship or vessel and her cargo 

 have been condemned is that being an American fishing vessel 

 her master and crew on board of her fished for and took fish within 

 the three marine miles of the coast of Nova Scotia, and the learned 

 judge below found her guilty of that offence. 



The substance of the convention of 1818, already referred to, is 

 as follows : — 



"A certain convention between His late Majesty George the 

 "Third, King of the United Kingdom of Great Britain and Ireland, 

 "and the United States of America was made and signed at London 

 "on the 20th day of October, 1818, and by the first article thereof 

 "after reciting that differences had arisen respecting the liberty 

 "claimed by the said United States for the inhabitants thereof 

 "to take, dry and cure fish on certain coasts, bays, harbours and 

 "creeks of His Britannic Majesty's Dominions in America, it was 

 "agreed between the High contracting parties that the inhabitants 

 "of the said United States should have forever in common with 

 "the subjects of His Britannic Majesty the liberty to take fish 

 "of every kind on that part of the southern coast of New- 

 "foundland which extends from Cape Ray to the Rameau Islands, 

 "on the western and northern coast of Newfoundland from the 

 "said Cape Ray to the Quirpon Islands, on the shores of the 

 "Magdalen Islands, and also on the coasts, bays, harbours, and 

 "creeks from Mount Joly, on the southern coast of Labrador, to and 

 "through the straits of Belle Isle and thence northwardly inde- 

 " finitely along the coast, without prejudice, however, to any of the 

 "exclusive rights of the Hudson's Bay Company; and that the 

 "American Fishermen should also have lilicrty forever to dry and 

 "cure fish in any of the unsettled bays, harbours and creeks of the 

 "southern part of the coast of Newfoundland above described 

 "and llic coast of Labrador, but that so soon as the same or any 

 "portion thereof should be settled, it should not l)e lawful for the 

 "said fishermen to dry and cure fish at such ixjrtion so settled, 

 "without previous agreement for such j^urpose with the inhabitants, 

 "proprietors and possessors of the ground. And the said United 

 "States therel)y renounced forever any lilx'rty thcrcloforc enjoyed 

 "or claimed by the inhal)itants thereof to take, (li\y or ruic fish on 



