TWENTY-NINTH DAY, MAY 30™, 1893. 



The President. — Sir CLarles, we are ready for you to resume your 

 argument. 



Sir Charles Eussell. — Mr. President, I go straight to the resump- 

 tion of the examination of the instances of legishition by various coun- 

 tries adduced by the United States wliicb they contend are analogous, 

 involve an assumption of jurisdiction wliich they say justifies or 

 strengthens their position. I have considered the legislation of the 

 Falkland Islands; and I would ask the Tribunal to open the British 

 printed Argument at page 41. At the bottom of that page, the legis- 

 lation of New Zealand is considered; and this is, as we submit, a con- 

 spicuous instance of the misunderstanding of the United States of the 

 character of this legislation. What is said about it iu the Argument 

 of the United States is at pages 167 and 168 ; but I only need refer to 

 page 168 which sums up what they conceive to be the result. It is the 

 second sentence on the top of that page of their Argument. Summing 

 up the result, as they conceive it, they say: 



In other words, authority was conferred by these Acts to seize vessels for illegally 

 taking seals over an area of the open sea extending at the furthest point 700 miles 

 from the coast ; and the Government of New Zealand has since kept a cruiser actively 

 employed in enforcing these regulations. 



That is to say, regulations extending 700 miles from the coast. That 

 will be found to be an entire misunderstanding of the subject. 



Now, I will content myself with reading what is the actual fact as to 

 that legislation. On page 41 of the British Argument we say: 



The Statute No. 43 of 1878 for the protection of seals establishes a close season ; no 

 reference is made to waters, but the Governor may by order exclude any part of the 

 Colony from the provisions of the Statute. 



A " public fishery" is defined to be " any salt or fresh waters in the Colony, or on 

 the coasts or bays thereof;" it includes artificial waters, and extends to the ground 

 under such water. 



Further, it is provided that offences against the Act committed on the sea-coast or 

 at sea within one marine league of the coast are to be deemed as having been com- 

 mitted in a "public fishery." 



There is a therefore, clear limitation to the one marine league from 

 the coast. 



" The Fisheries Conservation Act of 1884 " applies to certain waters of the Colony, 

 the term " waters" being defined to mean "any salt, fresh, or brakish waters in the 

 Colony, or on the coasts or bays thereof." The Governor is enabled to make regula- 

 tions for the protection of fish, oysters, or seals. 



By "The Amendment Act No. 27 of 1887" the penalty for violating the principal 

 Act in its application to seals is increased. 

 1138 Vessels illegally taking seals are declared to be forfeited, and Her Majesty's 

 vessels and ofiicers are empowered to seize such vessels "i/ /ou«d «'i(/iiM the 

 jurisdiction of the Government of the Colony of New Zealand." 



The Act also allows vessels within the same jurisdiction to be searched. 



The United States Case contains an extraordrnary mis-statement : 



348 



