leagues of that part of the coast of the United Kingdom which is between the North Foreland, on the coast of Kent, and Beachy Head, on the coast of Sussex, or within eight leagues of any other part of the coast of the United Kingdom, or if any foreign ship or boat, having one or more subjects of Her Majesty on board, shall be found or discovered to have been within three leagues of the coast of the United Kingdom, or if any foreign ship or boat shall be found or discovered to have been within one league of the coasts of the United Kingdom, or if any ship or boat shall be found or discovered to have been within one league of the Channel Islands, any such ship or boat so found or discovered, having on board or in any manner attached thereto, or having had on board or in any manner attached thereto, or conveying or having conveyed in any manner, any spirits, tea, tobacco, snuff, tobacco stalks, tobacco stalk flour, snuff work ship or boat, shall be forfeited. the said spirits and also the CCXVII. When any ship or boat belonging wholly or in part to Her Majesty's subjects, or having one-half of the persons on board being subjects of Her Majesty, shall be found within 100 leagues of the coast of the United Kingdom, and shall not bring to upon signal made by any vessel or boat in Her Majesty's service or in the service of the revenue, hoisting the proper pendant and ensign in order to bring such ship or boat to, and thereupon chase shall be given, if any person or persons on board such ship or boat so chased, shall during the chase, throw overboard any part of her lading, such ship or boat shall be forfeited; CCXVIII. If any ship or boat liable to seizure or examination under this or any act for the prevention of smuggling shall not bring to when required so to do, .. it shall be lawful for the captain, master or other person having charge or command of such vessel or boat in Her Majesty's Navy, or employed as aforesaid (first causing a gun to be fired as a signal), to fire at or into such ship or boat, 1853.—Opinion of the umpire of the London Claims Commission sitting under the Convention with the United States of February 8, 1853. It cannot be asserted, as a general rule, that nations have an exclusive right of fishery over all adjacent waters to a distance of three marine miles beyond an imaginary line drawn from headland to headland. 1855, January 13.—Award of the tribunal in the case of the "Washington," arbitration with the United States, in which the marginal sea is defined at three marine miles.2 1 Moore, International Law Digest, vol. 1, p. 719. 1857, January 14.-Convention with France relative to the rights of fishery on the coast of Newfoundland and the neighboring coasts, establishing the three-mile extent.1 1859, August 2.-Treaty with France limiting fishery rights to a distance of three miles from the point of low tide, along the entire length of the respective coasts." 1860, July 20, 21, 23, 30.—General Iron Screw Collier Company v. Schurmanns.3 Where a British ship damages a foreign ship by a collision within the distance of three miles from the shore of the United Kingdom, the provisions of the Merchant Shipping Act, limiting the liability of the owner to the value of ship, apply. ... Vice Chancellor Sir W. Page Wood. . . . Then comes the question how far our Legislature could properly affect the rights of foreign ships within the limits of three miles from the coast of this country? There can be no possible doubt that the water below lowwater mark is part of the high seas. But it is equally beyond question that for certain purposes every country may, by the common law of nations, legitimately exercise jurisdiction over that portion of the high seas which lies within the distance of three miles from its shores. Whether this limit was determined with reference to the supposed range of cannon, on the principle that the jurisdiction is measured by the power of enforcing it, is not material, for it is clear, at any rate, that it extends to the distance of three miles, and that many instances may be given of the exercise of such jurisdiction. by various nations. I was not much impressed by the arguments as to the difficulties which would arise if the limit of three miles were taken as the extent of the operation of the act, because difficulties of that kind must arise when once you admit the three miles as the limit of jurisdiction for any purpose. They are just as great with respect to the authority given within this distance by the rules of international law, as they are with respect to the jurisdiction asserted by the municipal law. I can not, therefore, hestitate, on this ground, to hold that the part of the statute which relates to the liability of British owners was intended to operate, even as against foreigners, throughout that portion of the sea which lies within three miles of the coast. 1 See ante, p. 525. 2 See Calvo, ante, p. 23. This treaty has never been ratified by France, and its provisions are in force in British waters only. Ibid. 3 English Reports (Full Reprint), vol. 70, p. 712; Johnson & Hemming, vol. 1, p. 180. 1864, May 10.-Act of the Government of Nova Scotia, relative to the coast and deep-sea fisheries.1 1. Officers of the colonial revenue, sheriffs, magistrates, and any other person duly commissioned for that purpose, may go on board any vessel or boat within any harbor in the Province, or hovering within three marine miles of any of the coasts or harbors thereof, and stay on board so long as he may remain within such place or distance. 1865, June 3.-Ordinance regarding regulations for the observance of neutrality during the hostilities between the United States and the Confederate States of America.2 Whereas Her Majesty has expressed her full determination to observe the duties of neutrality during the existing hostilities between the United States and the States calling themselves the Confederate States of America, and has resolved to prevent, as far as possible. the use of Her Majesty's harbors, ports, and coasts, and the waters within Her Majesty's territorial jurisdiction in aid of the warlike purposes of either belligerent; . . . Be it therefore enacted by His Excellency the Governor of Hong Kong, by and with the advice of the Legislative Council thereof, as follows: 1. Whosoever shall, within this colony or the water thereof, knowingly furnish or supply, or shall knowingly contract or agree to furnish or supply, or shall knowingly aid or assist in furnishing or supplying, or shall knowingly cause or procure to be furnished or supplied to, or for the use of, any ship of war or privateer of the United States of North America, or of the States calling themselves the Confederate States of America, whilst such ship of war or privateer is within the waters of this colony, or within any distance from this colony not exceeding five miles, any arms, ammunition, gunpowder, or naval or military stores, or shall, within this colony or the waters thereof put on board, or shall contract or agree to put on board, or shall aid or assist in putting on board, or shall cause or procure to be put on board of any vessel, boat, sampan or other craft, any arms, ammunition, gunpowder or naval or military stores, with the intent and design that the same may be conveyed to any such ship of war or privateer as aforesaid, whilst such ship of war or privateer is in the waters of this colony aforesaid, or within the distance from this colony aforesaid, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years. 1 Hertslet, Commercial Treaties, vol. 13, p. 1068. 2 British and Foreign State Papers, vol. 58, p. 654; 28 Victoria, No. 9 of 1865. 2. Whosoever shall, within this colony or the waters thereof, without the leave or licence of the Governor for that purpose first had and obtained, knowingly furnish or supply, or knowingly contract or agree to furnish or supply, or knowingly cause or procure to be furnished or supplied to, or for the use of any ship of war or privateer of the United States of North America, or of the States calling themselves the Confederate States of America, whilst such ship of war or privateer is within the waters of this colony or within any distance from this colony not exceeding five miles, coal or other article, or shall within this colony or the waters thereof without such leave or licence as aforesaid, put on board, or contract or agree to put on board, or aid and assist in putting on board, or cause or procure to be put on board of any vessel, boat, sampan or other craft, any coal or other article, with the intent and design that the same may be conveyed to any such ship of war or privateer as aforesaid, whilst such ship of war or privateer is in the waters of this colony or within the distance from this colony aforesaid, shall be guilty of misdemeanor and, being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years. 1866, June 20.-British notice to owners and masters of British fishing vessels in Belgian waters.1 Complaint having been made to Her Majesty's Government by the Belgian Minister, that certain British fishing vessels have for some time past been found within three miles of the Belgian coast engaged in shrimp fishing, which is the exclusive right of Belgian subjects within that limit: The commissioners of Her Majesty's customs hereby give notice to all owners and masters of British fishing vessels, that they will not be permitted to fish in any manner within the said limit of three miles from any part of the coast of Belgium, and that the Belgium Government has issued instructions to the maritime commissioners of the sea shore to prosecute offenders in this respect, and, if need be, to seize their vessels. By order of the said commissioners, GEO. DICKINS, Secretary. 1867, November 11.-Convention with France relative to fisheries in the seas between Great Britain and France, fixing three miles as the general limit.2 1 Hertslet, Commercial Treaties, vol. 14, p. 167. 1868, May 22.-Act of the Government of Canada, respecting fishing by foreign vessels.1 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: I. The Governor may, from time to time, grant to any foreign ship, vessel, or boat, or to any ship, vessel, or boat not navigated according to the laws of the United Kingdom, or of Canada, at such rate, and for such period not exceeding one year, as he may deem expedient, a license to fish for or take, dry or cure any fish of any kind whatever, in British waters, within three marine miles of any of the coasts, bays, creeks, or harbours whatever, of Canada, not included within the limits specified and described in Article 1 of the convention between His late Majesty King George the Third and the United States of America, made and signed at London on the 20th day of October, 1818.2 II. Any commissioned officer in Her Majesty's navy serving on board of any vessel of Her Majesty's navy cruising and being in the waters of Canada for purposes of affording protection to Her Majesty's subjects engaged in the fisheries, or any commissioned officer of Her Majesty's navy, fishery officer, or stipendiary magistrate on board of any vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the fisheries, or any officer of the customs of Canada, sheriff, magistrate, or other person duly commissioned for that purpose, may go on board of any ship, vessel, or boat within any harbor in Canada or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks or harbors in Canada, and stay on board so long as she may remain within such place or distance. 1868, July 13.-Statute relating to the oyster fisheries of Ireland.s 67. The Irish fishery commissioners may from time to time lay before Her Majesty in Council by-laws for the purpose of restricting or regulating the dredging for oysters on any oyster beds or banks situate within the distance of twenty miles measured from a straight line drawn from the eastern point of Lambay Island to Carnsore Point on the coast of Ireland, outside of the exclusive fishery limits of the British Islands, and all such by-laws shall apply equally to all boats and persons on whom they may be binding. 1 Hertslet, Commercial Treaties, vol. 13, p. 1107; 31 Victoria, cap. 61. 2 See post, p. 646. Fur Seal Arbitration, Proceedings of the Tribunal of Arbitration at Paris, 1893, vol. 2, p. 457; 31 and 32 Victoria, cap. 45. |