PTSTTERY T^EaULATIONS. 403 



into operation in tliis conntry, has not, we believe, 

 been carried out by the Frencli Grovernment up to the 

 present time, no day having yet been fixed by tlicm for 

 its taking effect. As regards French fishermen, tliere- 

 fore, the Convention of 1839 appears to be still in 

 force. But we have done our part in giving effect to 

 tlie new Convention by passing the Sea Fisheries Act, 

 1868, and naming a day (Feb. 1, 1809) for its coming 

 into force. The regulations contained in that Conven- 

 tion have been practically adopted as the law of this 

 country ; and by Section 4 of the Act they will con- 

 tinue so notwithstanding the determination at any time 

 of the Convention, 



Under the Sea Fisheries Act, 1868, our fishermen 

 have been freed from all restrictions in respect to 

 methods of fishing, times and seasons, and dimensions 

 or weight of gear, the only excej^tions, so far as we can 

 understand, being in the case of the oyster fisheries, the 

 scan fishery at St. Ives before mentioned, and the close- 

 time for herrings within the 3-mile limit on part of the 

 west coast of Scotland, With regard to this close-time 

 law it has been contended that it is not at all affected by 

 the Sea Fisheries Act, 1868 ; but this appears to us to be 

 incorrect. Among the various Acts mentioned in the 

 Second Schedule of that Act, as being in part or entirely 

 repealed by it, is the close-time Act (28 & 29 Yict., c. 22), 

 of which the repeal is said to be " in part ; namely, 

 so much as is inconsistent with this Act " — the Sea 

 Fisheries Act. Now Article X. of the Convention, which 

 forms a part of the latter Act, says — " Fishing of all 

 kinds, by whatever means and at all seasons, may be 

 carried on in the seas lying beyond the fishery limits 

 which have been fixed for the two countries, with the 

 exception of that for oysters, as hereinafter expressed." 



2 D 2 



