40 ARGUMENT OF GREAT BRITAIN. 



fresh, or brackish waters in the Colony, or on the coasts or hays 

 thereof." The Governor is enabled to make regulations for the pro- 

 tection 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. 



Vessels illegally taking seals are declared to be forfeited, and Her 

 Majesty's vessels and ofticers are empowered to seize such vessels "i/ 

 found tvithin the jurisdiction of the Government of the Colony of New Zea- 

 'land." 



The Act also allows vessels within the same jurisdiction to be 

 searched. 



United States With regard to tliis legislation of New Zealand, the 

 ase.p. . xjiiited States Case contains an extraordinary mis-state- 

 meut: 



The area designated as "the Colony" is taken to mean the area spec- 

 ified in the Act [26 & 27 Vict., cap. 23, sec. 2] creating the Colony, 

 which defines its bor.ndaries as coincident with parallels 33'^ and 53° 

 south latitude, and 162° east and 173° west longitude. 



***** 



The definition in the Act [The Fisheries Conservation Act, 1884] of 

 the term " waters" indicates that it applies to the entire area of the 

 Colony, of which the south-eastern corner is over 700 miles from the 

 coast of New Zealand, although a few smaller islands intervene. 



Ibid., Appen- In the Map in the United States Case an area coloured 

 IX, TO .i,p. . pjjjj. jg gi^Q^i)^ comprising the waters between the limits of 

 latitude and longitude, to found the contention that these 

 waters are included within the colonial limits. 



The words of tlie Imperial Statute 26 & 27 Vict., cap. 23, 

 sec. 2, above referred to, nevertlieless, are clear and exj)licit, 

 and are not capable of being misunderstood. 



The designation of the Colony in that Statute is as fol- 

 lows: 



Ibid., p. 436. The Colony of New Zealand shall, for the purposes of the said Act 



and for all other purposes whatever, be deemed to comprise all terri- 

 tories, islands, and countries hi'uKj lietireen 162° east longitude and 173° 

 west longitude, and between the 33rd and 53rd parallels of south lat- 

 itude. 



Only the territories, islands, and countries lying between 

 these limits of latitude and longitude are thus seen to be 



included witliin the Colony. 

 43 The argument liere shown to be fallacious is the 



same as that by which the United States claim to 

 treat Behriug Sea as ceded territory. 



Cape of Good Hope. 



The only Regulation affecting the question in this Col- 

 ony is a "Cape Government Notice" of 1844, which is as 

 follows: 



British Com- His Excellency the Governor, having been pleased to r^ecide that 

 mis.siouers' Ke- the seal isl'and in Mossel Bay shall not lie granted on lease for the 

 port, p. 194. present, hereby prohibits all persons from disturbing the seals on the 



said island, and warns them from trespassing there after this notice 



on pain of prosecution. 



United States The United States evidence as to this Colony is that of 

 unired States ^' 0. B. Stamp, wlio says that he " knows nothing about 

 Tdn^^GTe"^'^'^^'" ^°^ ^^ ^- Comer, who states that he would not dare 

 Vbi(i.yp!596. to take seals in the waters adjacent to the rookeries. 



