OKAL ARGUMENT OF HON. EDWARD J. PHELPS. 91 



foniid ou page 457 of the 1st volume of the United States Appendix), 

 you will see, without my stoj)])!!!};- to read it, is very explicit, and is 

 bounded by lines which are shown on the map which tahe in a very 

 great area of the sea. They are 20 miles out in breadth, and for a long 

 distance — some degrees of latitude, along the coast of iJublin, Wicklow, 

 and Wexford Counties; and it is provided there after giving these 

 boundary lines from the eastern point of Lambay Island to Carnsore 

 jjoint on the Coast of Ireland within a distance of 20 miles from there 

 measured from a straight line drawn as shown on the map, that all such 

 Bye laws should apply equally to all boats and persons on whom they 

 may be binding. Then it proceeds in conclusion to say this: 



It shall be lawful for Her Majesty by Order in Council to do all or any of tbe fol- 

 lowing things namely. 



(a) To direct that such Byelaws shall be observed. 



(b) To impose penalties not exceeding twenty pounds for the breach of such Bye- 

 laws. 



(c) To apply to the breach of such Byelaws such if any of the enactments in force 

 respecting the breach of Reguhvtions respecting Irish Oyster Fisheries within the 

 exclusive lishery limits of the British Islands and witli such modifications and alter- 

 ations as may be found desirable. 



(d) To revoke or alter any Order so made, provided that the length of close time 

 prescribed by any such Order shall not be shorter than that prescribed for the time 

 being by the Irish Fishery Commissioners in respect of beils or banks within the 

 exclusive lishery limits of the British Islands. Every such (Jrder shall be binding 

 on all British Sea Fishing Boats and on any other Sea iishing boats in that behalf 

 specified in the Order, and on the crews of such boats. 



There we have in explicit terms that the statute authorises the Orders 

 in Council to extend to everything. Well, says my friend, they have 

 not extended them. I do not know whether they have or not. If he 

 says that, I take his statement. 



Lord Hannen. — That requires a little explanation. It is only giving 

 the power to the Crown by the advice of the Privy Council to do certain 

 things in certain events. 



Mr. riTELrs. — I am quite aware of that. 



Lord Hannen. — It is a common mode. It is only to give the power 

 of exercise; but of course it has no effect. 



Mr. Phelps. — I am quite awareof it. It is a statute that gives power 

 to issue Orders in Council. 



Now if England has not that power, how can that statute confer it by 

 Orders in C<juncil"? 



Sir Charles Russell. — Tiiat is explained in the Argument at 

 page 50. 



Lord Hannen. — It is to enable the crown to enter into Conventions, 

 and other things, without the trouble of going to Parliament. 



Mr. Phelps. — I should have said if the remark had not come from 

 your Lordship but from the argument on the other side — that that was 

 a far-fetched constructioiL 



Lord Hannen. — I am only telling you the fact; deal with it as you 

 think fit. 



Mr. Phelps. — The statute contains no such reference. The statute 

 is: 



Every such Order shall be binding on all British Sea Fishing Boats and on anj 

 other Sea Fishing Boats in that behalf specified in the Order. 



Senator Morgan. — lias the statute been re])ealed. 



Mr. Phelps. — No not that I know of. I believe it is not claimed to 

 have been repealed. 



If as is said by my learned friends this is the reason of that statute, 

 with the extreme particularity with which English statutes are usually 



