Reports of the Supreme Court of Canada Volume 37 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...Act," R.S.C. ch. 1, sec. 7, par. 37; The "Marianna Fl0m"(2); 59 Geo. III. ch. 38, sec. 2; Oppenheim International Law, p. 321; Hall International Law (5 ed.) 256; Cobbett's Leading Cases on International Law, p. 344; Reg. v. Scott ( 3). SEDGEWIOK J.---For the reasons given in the court below, I am of the opinion that this appeal should be dismissed. The appeal is dismissed with costs. GIROUARD J. (dissenting).--I have had the advantage of carefully perusing the opinion of my brother Davies, and were it not for our own statute in the matter, An Act respecting Fishing by Foreign Vessels, R.S.C. ch. 94, I do not think I would have dissented. (1) 9 Wheaton, 362. 11 Wheaten 1. (2) Scott Cas. Int. Law, 874; (3) 9 B. 8: C. 446. I cannot agree with him that section 4 alone determines the jurisdiction of the court. I think sections 2, 3 and 4 must be considered together. True, section 4 refers to seizure, that is to say, I presume, the warrant of the Admiralty Court served on a vessel; if that section stood alone the conclusions arrived at by the majority of the court would undoubtedly be correct. Sections 2 and 3, although not referring to seizure, mention certain steps which are conditions precedent to the seizure and the jurisdiction of the court. Section 2 declares that the ofiicer in charge of the governmen cruiser may go on board of any ship ' ' " within any harbour in Canada, or hovering in British waters within three marine miles of any coast; ' and then section 3 adds that the said oflicer may bring any ship ' " " within any harbour in Canada or hovering within British waters within three marine miles of any of the coasts ' " ' into port, etc. It seems evident to me that the government...