ANSA\nER. 7 



deen, found the United States fisliing schooner Frederick Gerring Jr. 

 in respect of which the claim herein is made, fishing, or to have 

 been fishing or preparing to fish in British waters, upon the southern 

 coast of Nova Scotia within less than two marine miles of the coast. 

 The said schooner had, moreover, entered the territorial waters 

 in which she was found for a purpose not permitted by treaty or 

 convention, or by anj^ law of the United Kingdom or of Canada 

 then in force. 



7. The said schooner at the time had a large purse seine set 

 and attached to the schooner in which were a great number of 

 live mackerel recently enclosed, and the crew or men belonging 

 to the schooner were endeavouring to take these mackerel from 

 the water into the schooner by means of dip-nets or ladles, which 

 they were using from the schooner's deck. 



8. The said schooner was occupying or making use of British 

 territorial waters for fishing purposes contrary to treaty rights and 

 the principles of international law. 



9. Captain Knowlton, accordingly, pursuant to his instructions 

 and in the due execution of his powers, seized the said schooner with 

 her cargo and equipment and took her to Halifax, where Her 

 Majesty caused an action to be instituted in the Exchequer Court 

 of Canada for the Nova Scotia Admiralty District, a court of 

 competent jurisdiction, for the forfeiture thereof, by writ issued 

 out of the said court on 29th May, 1896 (Memorial, pages 17-19), 

 and Edward Morris, the owner of the said schooner thereupon 

 appeared in the said action, claiming the property sought to be 

 forfeited, whereupon such further proceedings were had according 

 to the practice of the stvid court that on 28th August, 1896, the 

 said vessel with her cargo and equipment was for the causes 

 aforesaid condemned as forfeited to Her Majesty (Memorial, 

 pages 98-100). 



10. The owner of the said schooner appealed from the said 

 judgment to the Supreme Court of Canada, the final Court of 

 Appeal within Canada, and according to the procedure of the said 

 court filed in the said court his factum of appeal stating the alleged 

 grounds of error in llw judgment of the Exchequer Court. The 

 Supreme Court, after hearing, dismissed the ai)peal and affirmed 

 the judgment of the Exchequer Court. 



11. No appeal was asserted from the judgment of tlie Supreme 

 Court, which accorflingly was and is final and conchisive. 



12. Assuming the jurisdiction of the I^xchecjuer Coiirt to entc^-- 

 tain the action and pronounce the judgment herein plea(h'(l 



