i8 THE FREDERICK GERRING, JR. ^ 



"touching the cargo and voyage; and if the master or person in 

 ' ' command does not truly answer the questions put to him in such 

 "examination, he shall incur a penalty of four hundred dollars; 

 " and if such ship, vessel or boat is foreign, or not navigated 

 " according to the laws of the United Kingdom or of Canada, 

 " and (a) has been found fishing, or preparing to fish, or to have 

 " been fishing in British waters within three m.arine miles of any 

 " of the coasts, bays, creeks or harbors of Canada, not included 

 " within the above mentioned limits, without a license, or after 

 " the expiration of the term nam.ed in the last license granted to 

 " such ship, vessel or boat, under the first section of this Act, 

 " or (6) has entered such waters for any purpose not permitted by 

 " treaty or convention, or by any law of the United Kingdom or 

 " of Canada for the time being in force, such ship, vessel or boat, 

 " and the tackle, rigging, apparel, furniture, stores and cargo 

 " thereof shall be forfeited. " 



The learned judge below found that the Frederick G erring, Jr., 

 had been fishing within the territorial waters of Canada, near 

 Liscomb Light off the south shore of Nova Scotia, viz., that having 

 set her sein^e, caught the fish, and secured them by pursing up the 

 seine and subsequently making it fast to the schr. Gerring and all 

 done over half a mile outside of said waters, but while bailing th« 

 fish out of the seine she drifted inside of the limit through the action 

 of the current, and then continued bailing inside of the limit, he 

 held was fishing and condemned the vessel accordingly. 



The evidence of the master and crew of the Gerring was not 

 taken in court before the learned Judge, but was taken before the 

 Registrar. 



The plaintiff admitted that at the time the Gerring set her seine, 

 caught the fish, pursed the seine up and fastened it to the vessel, 

 she was a good half mile outside of the limit. 



Captain Hector McKenzie of the Dominion fishery cutter 

 Vigilant, in his testimony says that he saw the Gerring between 

 four and half past in the afternoon near Liscomb. 



He says when he first noticed her, the seine was set and pursed 

 up and the fish were then caught and that his vessel (the Vigilant), 

 was then inside of two hundred yards from the seine, that he 

 took the bearings and found that the schooner, which at the time 

 was fastened to her seine (which was then pursed up), was a good 

 half mile outside of the three mile limit; that he took the bearings 

 at the time and that Liscomb Light bore N.E. by N. ^ N., and 

 Little White Island— the middle part— N.W. 



