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The defendant (appellant), Emmanuel Mortensen, a Danish citizen, was the master of the Norwegian steam trawler “Niobe”. In the sheriff court at Dornoch, Scotland, the defendant was convicted under the Herring Fishery (Scotland) Act 1889 (UK) of the offence of otter trawling in a prohibited part of the Moray Firth (an inlet of the North Sea on the north east coast of Scotland) at a place more than three miles seaward from the low water mark. On appeal, the question of law was whether the defendan
Typology: Thesis
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