APPENDIX. 29 



The question now to be determined is the construction to be put 

 upon the word "fishing" used in the treaty and in the statutes 

 referred to. 



Fishing, is a continuous act and is going on from the time when 

 a man begins to lure fish until he finally secures them in his basket 

 or boat. 



Dealing with distinct acts constituting together one crime it is 

 laid down in Bishop on Criminal Law (7th Edition) Section 650 

 that: 



"Where several acts constitute together one crime, if each is 

 "separately performed by a different individual in the absence of 

 "the rest, all are principals as to the whole. For example, where 

 "forgery is a statutory felony, if persons make distinct parts of a 

 "forged instrument, each is a principal as to the whole, even though 

 "he does not know by whom the other parts are executed, and 

 "one finishes it alone while the rest are absent. Were the law 

 "not so, no one could be punished; for a person whose own hand 

 "does the criminal act, either wholly or in part, is not an access- 

 "ory." 



Rex vs. Bingley, Russell & Ryan 446, was an indictment for 

 forging bank notes, in which the ciuestion was: whether two of the 

 prisoners who forged parts of the notes, which were incomplete 

 when they left their hands, and who were not present when they 

 were completed, were principals or accessories. Mr. Justice 

 Richardson at the trial, after referring to some authorities to the 

 effect that persons concerned in the uttering of forged paper but 

 not present at the uttering are not principals, says: — 



"These, however, are all cases of uttering where the offence 

 "consists of one single fact which is carried into execution by the 

 "principal alone, and where the accessory takes no other part than 

 "that of previously instigating the principal to execute. Quaere 

 "whether the same doctrine is applicable to the offence of forging, 

 "which is a complicated offence, consisting of several parts, and 

 "executed, (as in this case) by several different agents, each exe- 

 " outing his own part, and all parts being equally essential to the 

 "completion of the offence? Unless in such cases all are principals, 

 "the law seems to reach only the party who performs the last oper- 

 "ation, and thereby makes the forged instrument complete (viz. 

 "in this case the party who added tiie signatm-e, and in the case 

 "of a forged deed the party who adds the seal), who may be one 

 "of the least active and the least guilty of the parties concerned." 



The question was reserved by Mr. .histice Richardson and heard 



