34 THE FREDERICK GERRING, JR. 



To remove doubts as to the right as to forfeit American fishing 

 vessels for violation of the Treaty and Imperial Statute, other- 

 wise than by fishing or preparing to fish, the Statute of Canada 

 49 Victoria, Chapter 114 (1886), was passed, which is now embodied 

 in Section 3 of Chapter 94, Revised Statutes of Canada. This 

 Statute was reserved by the Governor General, for the signification 

 of the Queen's pleasure thereon and was assented to by Her 

 Majesty by Order-in-Council on the 26th day of November, 1886, 

 and proclamation thereof was made on the 24th day of Decem- 

 ber 1886.* 



By that Statute any foreign vessel which has entered the terri- 

 torial waters of Canada for a purpose not permitted by Treaty 

 or Convention is declared liable to forfeiture. American fishing 

 vessels are by the Treaty of 1818 expressly prohibited from enter- 

 ing the territorial waters of Canada without the limits mentioned 

 in the Treaty except for wood, water, shelter or repairs, and it 

 cannot be pretended, on the evidence that the Frederick Gerring,Jr. 

 entered the waters of Canada for any of these purposes. If she 

 was not fishing, she entered the waters of Canada for the purpose 

 of taking fish out of her seine therein, a purpose not permitted by 

 Treaty or Convention. 



Halifax, N.S., September 16th, 1896. 



W. B. A. BITCHIE, 



Solicitor of the Attorney General of Canada. 



