APPENDIX. , 25 



ANNEX 5. 



Filed in the Registry of the Supreme 

 Court. 



RESPONDENTS FACTUM. 



IN THE SUPREME COURT OF CANADA. 



189G. 



ON APPEAL FROM 



THE NOVA SCOTIA ADMIRALTY DISTRICT OF THE 



EXCHEQUER COURT. 



Between 



THE SHIP "FREDERICK GERRIXG, Jr.," 



HER CARGO, &c., 

 (Appellants) 



AND 



OUR SOVEREIGN LADY, THE QUEEN, 



Plaintiff, (Respondent.) 



This is an action instituted by the Attorney General of Canada, 

 on behalf, and in the name of Her Majesty the Queen; against the 

 American fishing schooner Frederick Gerring, Jr., her cargo, tackle, 

 rigging, apparel, furniture and stores, for forfeiture of the same 

 for fishing within the territorial waters of Canada or being therein 

 for a purpose not permitted by Treaty or Convention; contrary 

 to the provisions of (a), The first article of Treaty between his late 

 Majesty King George the Third and the United States of America 

 entered into on the 20th day of October, 1818: (b) Sections 2 and 

 3 of Chapter 36 of 59, George III, Chapter 38, (1819, Imperial) 

 Passed for enforcing the first Article of said Treaty; (c), Section 

 3 of Chapter 94, of the Revised Statutes of Canada, entitled 

 "An Act respecting Fishing by Foreign Vessels." 



The action was instituted on the 29th day of May, 189(), by 

 writ of summons issued out of the registry of the Nova Scotia 



