47 Geo. III, cap. 12. (Br. App., 600. 1807.) By the King with consent of Legislative Council and Assembly of Province of Lower Canada. Sec. 1. Freedom to His Majesty's subjects to take bait and fish with liberty to land for curing fish in certain parts. Sec. 2. Fishermen from British dominions may reserve necessary parts of unoccupied beach. Sec. 3. No ballast into harbours and no offal into sea within 4 leagues of shore. Sec. 4. No one to annoy or obstruct hauling of seines. Sec. 15. Magistrates may make reasonable regulations respecting the fisheries-particularly declare in what manner persons shall demean themselves in fishing and with what manner of nets and engines in said rivers and streams-and for regulating the manner of placing seines and nets in havens, rivers, creeks and harbours in inferior District of Gaspé-such regulations to be published-and to apply to that part of such district to the west of Mackerel Point in Bay of Chaleur (i. e. to whole of the Bay of Chaleur.) 1366 Between 1812 and 20 October, 1818. New Brunswick. 58 Geo. III, cap. 2. (11th March). (Br. App., 605. 1818.) By Lieutenant-Governor, Council and Assembly. Prohibits casting of offal on or about coasts of Grand Manan or into any other bay or harbour of this province in fishing grounds. After 1818. New Brunswick. (Non-treaty shores till treaty of 1854.) 4 Geo. IV, cap. 23. (Br. App., 607. 1823.) By Lieutenant-Governor, Council and Assembly Continues prohibition against seining in Bay of Miramichi, except as provided in previous Acts. 9 & 10 Geo. IV, cap. 3. (Br. App., 609. 1829.) By Lieutenant-Governor, Council and Assembly. Continues above Act and preceding Act. 4 Wm. IV, cap. 31. (Br. App., 612. 1834.) By Lieutenant-Governor, Council and Assembly. Continues preceding Acts. 16 Vict., cap. 39. (Br. App., 623. 1853.) By Lieutenant-Governor, Council and Assembly. 1. No net across mouths of havens, creeks or harbours in various parishes in county of Charlotte, and no nets to be set in any such harbour, extending over 3, &c., of some, or within 40 fathoms of each other or within 20 fathoms of low water mark. 3. Fish weirs to have gates. 5. Power to appoint gurry grounds, and no offal to be thrown overboard elsewhere, at or near Grand Manan. Revised Statutes, cap. 101. (Br. App., 626. 1854.) 5. Governor in Council may grant leases for fishing-stations, 6. Governor in Council may make regulations for management and protection of fisheries. 7. Gurry grounds for offal. 12. Limits seining in certain parishes. 15. Close time for herrings. [1855. Communicated to Marcy.] (Br. App., 204–5.) Lower Canada. (Non-treaty except Magdalen Island and part of Labrador till treaty of 1854.) 4 Geo. IV, cap. 1. (Br. App., 607. 1824.) By the King, with consent of Legislative Council and 1. His Majesty's subjects may take bait and fish, in creeks, harbours and roads, with liberty to land in inferior district of Gaspé, county of Cornwallis, and part of county of Northumberland for drying and curing. 3. No offal within 6 leagues from shores. 4. Not to obstruct hauling of nets. 6. Not to use caplin and spawn for manure. 9. Geo. IV, cap. 42. (Br. App., 610. 1829.) By the King, with consent of Legislative Council and 4. Grand juries may make regulations. 8. His Majesty's subjects may take bait and fish with liberty to land for curing and drying, &c. 6. Wm. IV, cap. 57. (Br. App., 615. 1836.) By the King, with consent of Legislative Council and 1. His Majesty's subjects may fish and land for curing, &c. 1367 1824.) Newfoundland. 5. Geo. IV, cap. 51. (British Statute.) (Br. App., 567. 1. 10 & 11 Wm. III, cap 25, and other Acts repealed. 2. No alien to fish in Newfoundland, always saving treaty rights. 3. His Majesty's subjects may travel to and fish at Newfoundland, with liberty to land to cure fish. 5. No ballast to be thrown into harbours by any person whatso ever. 6. No person whatsoever to hinder hauling of nets in customary baiting places or shoot his net within or upon another's net. 14. Governor may lease all " ship's rooms" not already disposed of. 2 Vict., cap. 7. (Br. App., 697. 1838.) By Governor, Council and Assembly. No ballast to be thrown into harbours or roadsteads. 25 Vict., cap. 2. (Br. App., 702. 1862.) By Governor, Legislative Council and Assembly. 1. No persons to catch herring in seines on or near coast or in any bays, harbours or other places from 20th October to 12th April, and not at any time to seine for herring except by way of shooting and forthwith tucking and hauling; but herrings may be taken by nets in usual way and not used for inbarring. 2. From 20th December to 1st April, herring-nets must have 24-inch meshes. 4. From 20th April to 20th October no herring or bait to be caught for exportation within one mile of any settlement between Cape Chapeau Rouge and Point Rosey. (Qy. South Coast.) 10. This Act not to affect treaty rights. Consolidated Statutes, 1872, Vict. 27, cap. 102. (Br. App., 704. 1872.) Amends and re-enacts 25 Vict., cap. 22. 18. Act not to affect treaty rights. 37. Vict., cap. 2. Act carrying into effect Treaty of Washington. (1874.) 39 Vict., cap. 6. (Br. App., 707. 1876.) 3. No person to catch squid in seines. 4. No person to net herring, caplin, or squid between 12 P. M. Saturday and 12 P. M. Sunday. No proviso saving treaty rights. 40 Vict., cap. 13. (Br. App., 707. 1877.) 4th sec. of 39 Vict., cap. 6, to apply to jigging for squid and to use of any contrivance and to any mode of taking fish for bait. No proviso saving treaty rights. 42 Vict., cap. 2. (Br. App., 708. 1879.) 1. No person to take herring by seine, &c., on or near coast or in any bays, &c., from the 20th October to the 18th April, or at any time to use seine for herring except by shooting and forthwith hauling; but herring may be taken in usual way-not used for inbarring. No proviso saving treaty rights. 45 Vict., cap. 21. (Br. App., 709. 1882.) 1. No person to use trap for cod with meshes of less than 4 inches. No proviso saving treaty rights. 47 Vict., cap. 8. (Br. App., 709. 1884.) 1. Owner of vessel owned and registered in Newfoundland, obtaining customs clearance may take herring for bait on bank fishery, except by inbarring. 7. Cod-traps to be 80 fathoms from any other cod-trap and 50 fathoms from any cod-net. 8. Cod-nets to be 50 fathoms from any cod-trap or cod-net. 9. Provisions against occupying fishing-ground without using it. No proviso saving treaty rights. 48 Vict., cap. 5. (Br. App., 710. 1885.) 2. Mesh of cod-traps to be 4 inches. No proviso saving treaty rights. 50 Vict., cap. 1. (Br. App., 711. 1887.) 1. Restrictions on catching bait for exportation without license. Proviso saving treaty rights. 1368 51 Vict., cap. 9. (Br. App., 712. 1888.) 52 Vict., cap. 6. (Br. App., 712. 1889.) Repeals 1887 and 1888 Acts, and re-enacts and amends them. 52 Vict., cap. 7. (Br. App., 717. 1889.) Forms Fisheries Commission. 16. Power to make regulations as to methods of fishing, close time, &c. No proviso saving treaty rights. Regulations under 52 Vict., cap. 7. (Br. App., 718, 719. 18901891.) Stringent restrictions as to methods of fishing. 1890 rules not to apply to French coast (Regulation 31). Consolidated Statutes, cap. 124. (Br. App., 725. 1892.) Stringent regulations. 28. Proviso saving treaty rights. Consolidated Statutes, cap. 129. Restricting exportation and sale 22. Proviso saving treaty rights. (Br. App., 727. 1892.) 61 Vict., cap. 3. (Br. App., 731. 1898.) 9. Power to regulate fisheries, forbid destruction of fish and fishing without licence. 10. Proviso saving treaty rights. Regulations under 1898 Act. (Br. App., 767. 1905.) Regulations under 1898 Act. (Br. App., 760. 5 Ed. VII, cap. 4. (Br. App., 757. 1905.) Foreign Fishing Vessels Act. § 7. Proviso saving treaty rights. 6 Ed. VII, cap. 1. (Br. App., 758. 1906.) Foreign Fishing Vessels Act. 14. Proviso saving treaty rights. 17. Repeals Act of 1905. United States-New Jersey. General Statutes, 1896. (Br. App., 785. 1826.) Statutes, cap. 72. (Br. App., 788. 1871.) 1908.) § 1. No fishing in Delaware Bay except by citizens of the State. 88. June-August. Certain gill seines forbidden. 9. Sunday fishing forbidden. Maryland. Statutes, cap. 441. (Br. App., 793. 1896.) NOTE. As pointed out by Sir Robert Finlay, in his argument at p. 1154 [p. 198-9 supra], the Appendices to the British Case and CounterCase do not contain all the laws passed since 1818 by the British Colonies other than Newfoundland for the regulation of the fisheries. The statutes of New Brunswick and Lower Canada subsequent to 1818, which appear in the Appendices, were printed not for the purpose of showing the course of legislation in those colonies with reference to the regulation of the fisheries, but for other purposes, for example, to show jurisdiction exercised over bays, or to give the provisions of the statutes referred to in the Marcy Circular, &c. Many other statutes regulating the fisheries were passed from time to time by the Dominion of Canada and by the Colonies which afterwards constituted the Dominion. If it is desired, a list of these statutes and copies thereof will be furnished to the Tribunal and to Counsel for the United States, and all proper opportunity will be afforded for the examination of the volumes which contain these statutes. Statement of Specific Provisions of certain Legislative and Executive Acts of Newfoundland and Canada called to the attention of the Tribunal by the United States for action pursuant to Articles 2 and 3 of the special agreement of January 27, 1909. I. Pursuant to the provisions of article 2 of the special agreement of the 27th January, 1909, the United States calls the attention of the Tribunal to certain provisions of the Acts specified in the note of the 2nd June, 1909, from the Secretary of State of the United States to the British Ambassador at Washington (United States Counter-Case Appendix, p. 5.), which provisions are claimed by the United States to be inconsistent with the true interpretation of the treaty of 1818, if applied to American fishermen on the treaty coasts, because even under the contention of Great Britain, as set out in Question 1, they are not: (a) Appropriate or necessary for the protection and preservation of such fisheries and the exercise of the rights of British subjects therein and of the liberty which by the said article 1 the inhabitants of the United States have therein in common with British subjects; (b) Desirable on grounds of public order and morals; (c) Equitable and fair as between local fishermen and the inhabitants of the United States exercising the said treaty liberty and not so framed as to give unfairly an advantage to the former over the later class, and also because under the contention of the United States as set out in such question they are not: (a) Appropriate and necessary for the protection and preservation of the common rights in such fisheries and the exercise thereof; and (b) Reasonable in themselves and fair as between local fishermen and fishermen coming from the United States, and so framed as not to give an advantage to the former over the latter class. The specific provisions herein called to the attention of the Tribunal are set out in the First and Second Schedules hereto annexed. II. Pursuant to article 2 of the special agreement of the 27th January, 1909, the United States calls upon the Tribunal to express in its award its opinion upon the aforesaid provisions so specified and called to its attention, and to point out in what respects they are inconsistent with the principles laid down in the Award in reply to Question 1. III. If the Award of the Tribunal be in favour of the British contention as stated in Question 1, the United States will ask that the Tribunal refer to a commission of expert specialists for a report thereon, in accordance with article 3 of the special agreement aforesaid, such of the specific provisions set forth in the First and Second Schedules as require an examination of the practical effect thereof in relation to the conditions surrounding the exercise of the liberty of |