argument of great britain. 41 



Canada. 



The Fisheries Act, 1886, 49 Vict., cap. 95, prohibits the killing of 

 ■whales, seals, or ijorpoises with explosive iustrumeuts, aud during 

 seal-tishing time from disturbing or injuring any sedentary seal tisli- 

 ery, or from frightening the shoals of seals coming into such tisherj-. 



The United States' statement in respect of this Statute united states 

 is that it prohibits all persons without prescribing any '^•*^''' p-^-^- 

 marine limit; and the inference drawn is that it applies to 

 all persons on the high seas, including foreigners. 



This erroneous inference will be disposed of by the con- 

 sideration of the jn-inciples of construction of Colonial 

 Statutes to be presently dealt with. 



44 Newfoundland. 



The Seal Fishery Act, 1879, 42 Vict., cap. 1, established a close time United States 



for seals, and prohibits the killing of "cats" (immature seals) in Case, p. 225. 



order more cfticientlv to in-eserve this close time. Steamers are not ,.-^^"'-i .^we"- 

 11 1 i 1 J. \ r J. • 1 ilix, vol. 1, p. 442. 



allowed to leave port beiore a certnin day. "^ 



The Seal Fishery Act, 1892, provides more stringent regulations for 

 the observance of the close time, and heavier penalties for leaving 

 port before a certain day. 



Seals killed in breach of the close time are not to be brought into 

 any port of the Colony or its dependencies under a penalty of 4,000 

 dollars. 



Steamers are forbidden from going on a second trip in any one year, 

 and if they shall engage at any time in killing seals at any place 

 Avithin the jurisdiction of the Supreme Court of Newfoundland alter 

 returning from the first trip they shall be deemed to have started on 

 a second trip. 



UNITED STATES CONCLUSIONS FROM FOREGOING BRITISH 

 STATUTES. 



From these Statutes the following conclusions are drawn umted states 

 in the United States Case: ^ Ca8e,p.22». 



1. That Great Britain and its dependencies do not limit 

 their Governmental ]>rotection to the fur-seal ; it is extended 

 to all varieties of seals wherever they resort to British ter- 

 ritorial waters. 



2. And they have thrown about them upon the high seas 

 the guardianship of British Statutes. 



It is admitted that the principle of providing a close 

 time for seals has been adopted by British legislation as 

 essential to the preservation of seal life. 



It is denied that any country has the power to enforce 

 such close-time regulations beyond the territorial waters 

 against subjects of a foreign nation, though it may do so 

 as regards its own subjects; and neither Great Britain nor 

 her Colonies have ever departed or attempted to depart 

 from this principle. 



UNITED STATES INFERENCES UNWARRANTED. 



It is denied that the inferences drawn by the United 

 States in respect of the legislation of some of the Colonies 

 already considered are warranted. The principles of Eng- 

 lish law show conclusively thatsuch inferencesare unsound; 

 it has already been shown they are not in accordance with 

 the facts ; and no evidence has been adduced by the United 

 States to suj)i)ort them. 



