28 THE FREDERICK GERRING, JR. 



II. 



The other question raised on behalf of the appellants is as 

 before mentioned whether the acts proved by the witnesses on. 

 behalf of the Crown constitute fishing. The words of the treaty 

 of 1818 are: ''And the said United States hereby renounce for- 

 ever any liberty heretofore enjoyed or claimed by the inhabitants 

 thereof, to take, dry or cure fish on or within three marine miles 

 of any of the coasts, bays, creeks or harbors of His said Majesty's 

 Dominions in America not included within the above mentioned 

 limits." 



By section 2 of 59 George III Chapter 38, (Imperial) it is enacted: 

 "that it shall not be lawful for any person in any ship, vessel 

 "or boat, other than such as shall be navigated according to the 

 "laws of the United Kingdom of Great Britain and Ireland, to 

 "fish for, or to take, dry or cure any fish of any kind whatever, 

 "within three marine miles of any coasts, bays, creeks or harbours 

 "whatever, in any part of His Majesty's Dominions in America, 

 "not included within the limits specified and described in the First 

 "Article of said Convention and hereinbefore recited; (i.e., the 

 "Treaty of 1818), and that if any such foreign ship, vessel or boat, 

 "or any persons on board thereof, shall be found fishing, or to have 

 "been fishing, or preparing to fish within such distance of such 

 "coasts, bays, creeks or harbours, within such parts of His 

 "Majesty's Dominions in America, out of the said limits aforesaid, 

 "all such ships, vessels and boats, together with their cargoes, 

 "and all guns, ammunition, tackle, apparel, furniture and stores 

 "shall be forfeited." 



And by section 3 of Chapter 94 of the Revised Statutes of Canada, 

 it is enacted that if any foreign vessel is within any harbour in 

 Canada, or hovering in British waters, within three marine miles 

 of any of the coasts, bays, creeks or harbours in Canada and 

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

 "fishing in British waters within three marine miles of any of the 

 "coasts, bays, creeks, or harbours of Canada, not included within 

 "the above mentioned limits, without a license, or after the ex- 

 "piration of the term named in the last license granted to such 

 "ship, vessel or boat, under the first section of this Act, or (b) 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." 



