24 THE FREDERICK GERRING, JR. 



fish after they have been caught, and lifting them on to the deck 

 of the vessel is not fishing, and is no offence. 



According to Webster's dictionary, "fishing," is described as 

 ' 'an attempt to catch fish, to be employed in taking fish by any 

 means." In other words it is the means used to catch the fish. 

 Now the means used were the setting of the seine or net to catch 

 the fish and when the fish are caught in meshes of it, then the seine 

 is pursed up, that is both ends are drawn together thus forming the 

 shape of a purse which encloses and secures the fish then taken 

 in the seine. The vessel then runs down to the seine and both ends 

 of it are made fast to a tackle, one on the foremast and one on the 

 mainmast, and the seine is then hoisted well up and sufficiently 

 high out of the water to enable the fisherm.en to bail the fish into 

 the vessel. Surely the instant they are inclosed in the seine and 

 it is pursed up they are "taken." They are then under the control 

 and in the possession of the fishermen. If not then, it surely cannot 

 be denied that after the seine is fastened to the vessel and hoisted 

 in the way indicated, they are then reduced into the possession 

 and control of the fishermen. Webster says "taking" is the act 

 of gaining possession. When once the seine is pursed up and sub- 

 sequently hoisted to bail, no fish can escape. They are as much 

 the property of, and in the possession of the fishermen as if they were 

 in the hold of the vessel. Suppose while the seine is made fast 

 to the vessel a person cuts it, whereby the seine sinks to the bottom, 

 would not an act of trespass lie against the wrongdoer for the loss 

 of the fish? It is submitted it would. It is submitted therefore 

 that "fishing" in this instance was the setting of the seine, the 

 "taking" was the capturing the fish in it, and that they were 

 reduced to the possession of the fishermen when enclosed in the 

 seine when pursed, and became his property, and as all this was 

 done outside the limit, the bailing of the fish, or taking them out 

 of the net into the vessel afterwards was no offence. Even 

 supposing the Gerring had drifted across the line. 



Dated, Halifax, September 8th, 1891. 



WILLIAM F. MacCOY, 



Solicitor for Appellants. 



