ANSWER. 9 



moved voluntarily or Captain McKenzie must have been mis- 

 taken in the supposition that he was upon the line when he passed 

 the Gerring, then preparing to fish. It will be perceived from the 

 chart that the coast of Nova Scotia at the point in question is 

 very broken and irregular and in large part composed of islands 

 and of more or less isolated reefs and ledges. It is to be observed 

 moreover that the master of the Gerring, although aware that he, 

 was in the immediate vicinity of the boundary line of territorial 

 waters, took no bearings or other steps to ascertain or verify his 

 position, and, as he himself truly said, "If he was put on oath he 

 "could not swear if she was inside or outside of the limits; that he 

 "had an old chart there that he could not depend on."' (Memorial 

 page 65). 



17. By Canadian statute 54-55 Vic, cap. 95 (1891), sec. 1, it is 

 provided that "The use of purse seines for the catching of fish in 

 "any of the waters of Canada is prohibited, under penalty for each 

 "offence of not less than fiftj^ dollars, and not exceeding five 

 "hundred dollars, together with the confiscation of the vessel, 

 "boat and apparatus used in connection with such catching." The 

 action of the master and crew of the Gerring in making use of a 

 purse seine for the purpose of catching fish was therefore 

 prohibited by the laws of Canada under penalty of forfeiture. 



18. Some confusion is introduced by a question raised by the 

 memorial of the United States as to whether the place of seizure was 

 within the three mile limit according to the theory of measuring 

 from a line drawn between two headlands. Consideration of this point 

 does not however enter into the present case, because the Gerring 

 was seized within two miles of the Gull Islands, an undoubted part 

 of the coast of Nova Scotia, which, as already indicated, is 

 verj' broken and irregular in the locality of the seizure. These 

 islands are of considerable size, high above sea level, fairly covered 

 with vegetation, and have been inhabited and used in fishing 

 operations. 



19. It is denied that the facts pleaded and the evidence submitted 

 by the memorial afford any support for the claim herein either 

 in accordance with treaty rights or with the principles of interna- 

 tional law and of equity. 



20. The damages claimed are inconsequential unreasor<»b'p, and 

 excessive. 



41079—3 



