46 ARGUMENT OF GREAT BRITAIN. 



seaward of a certain liue drawn between two headlands on 

 the east coast of Ireland. 



Within this liue the extreme depth of indentation is not 

 more than 5 miles. 



The Act provides that the bye-laws are to apply equally 

 to all boats and persons on whom they may be binding; 

 but they are not to come into operation until an Order in 

 Council so directs. 



The Order in Council is to be binding on all British sea- 

 fishing boats, and on any other sea-fishing boats specified 

 in tlie Orders. 



The facts which have occurred since the passing of the 

 Statute are as follows : 



The Commissioners have made a bye-law appointing a 

 close time. 



Tlie bye-law was put in force by Order in Council of the 

 29th April, 1869. 



The Order recited the power given to the Queen by the 

 Act to specify other besides British boats to which the 

 bye-law was to apply. 



No other boats were so specified. 



The law is therefore expressly limited to British boats 

 witliin the 20 miles. It cannot by the terms of the Act 

 itself apply to any foreign boats. 



It would be contrary to the principles on which British 

 legislation invariably proceeds that bye laws should apply 

 to foreign boats outside the 3 mile limit, unless power to 

 enforce such a bye-law against the boats of any nation had 

 been acquired by Treaty. 



The j)rovision was inserted in the Act to provide for the 

 case of any such Treaty being entered into. 



Thereafter, without such enabling provision in the 



51 Act, the Queen would possess no power to make an 



Order in Council bringing foreigners within the Act. 



TTiiiied states The Statement made in the United States Case is there- 



Case, p. 232. /. . , 



tore inaccurate. 



Scotch Herring Fisheries. 



By the Act of 1887, 52 & 53 Vict., cap. 23, a close time 

 is provided, and trawling is prohibited within the north- 

 eastern indentation of the coast of Scotland: the line of 

 limit is drawn from Duncansby Head, in Caithness, to Eat- 

 tray Point, in Aberdeenshire, a distance of 80 miles. 



Penalties are imposed on any person infringing the pro- 

 visions of the Act. 

 Ibid., p. 233. Stress is laid in the United States Case on the words 

 "any person;" and the statement is made that "the Act is 

 not confined in its operations to British subjects." 



This statement is at variance with the principles of 

 English legislation and the practice of the English Courts 

 in interpreting Statutes. 

 {Post, p 56.) "Any person" is a term commonly used in English Stat 

 utes dealing with ofi'ences, and it is invariably ai)plied to 

 such persons only as owe a duty of obedience to the British 

 Parliament. 



