PERIOD FROM 1854 TO 1871. 583 



With regard to the Magdalen Islands, although the liberty to land, 

 and to dry, and to cure fish there, is not expressly given by the terms 

 of the Convention to United States fishermen, it is not at present in- 

 tended to exclude them; nor is it desirable to impose a narrow con- 

 struction on the term " unsettled." Places containing a few isolated 

 houses might not, in some instances, be susceptible of being consid- 

 ered as " settled " within the meaning and purpose of the Convention. 

 Something would, however, depend upon the facts of the situation, 

 and the circumstances of the settlement. Private and proprietary 

 rights form an element in the consideration of this point. The gen- 

 erally conciliatory spirit in which it is desirable that you should carry 

 out these instructions, and the desire of Her Majesty's Government 

 that rights of exclusion should not be strained, must influence you in 

 making as fair and liberal an application of the term as shall consist 

 with the just claims of all parties. 



Should interference with the pursuits of British fishermen, or the 

 property of Canadians, appear to be inseparable from the exercise of 

 such indulgence, you will withhold it, and insist upon entire exclusion. 



Americans, when so admitted, should be made aware that — in addi- 

 tion to being obliged in common with those subjects of Pier Majesty 

 with whom they exercise concurrent privileges of fishing in Colonial 

 waters, to obey the laws of the country, and particularly such Acts 

 and regulations as exist to ensure the peaceable and profitable enjoy- 

 ment of the fisheries by all persons entitled thereto — they are pecul- 

 iarly bound to observe peace and order in the quasi settled places to 

 which, by the liberal disposition of Canadian authorities, they may 

 be admitted. 



Wheresoever foreigners may fish in Canadian waters . you will com- 

 pel them to observe the Fishery Laws. Particular intention should 

 be directed to the injury which results from cleaning fish on board of 

 their vessels while afloat, and throwing overboard the offals, thus 

 fouling the fishing, feeding and breeding grounds. The Fisheries 

 Act (Sec. 14) provides a heavy penalty for mis offence. 



Take occasion to enquire into ami report upon any modes of fishing, 

 <>r any practices adopted by foreign fishermen whieh appear to be 

 injurious to the fisherii 



Copies of the Fishery Laws of Canada accompany the present 

 \w<\ racl ion-. 



Powers. — The capacity in which yon are vested with magisterial 

 power- is thai of Fishery Officer for the ProYiricea forming the 

 Dominion of Canada. Four power and authority as b Fishery ( )llicer 

 are derived from the following Statutes: "The Fisheries Act" (31 

 Vict., cap. ,;, ». i 



■■ \w .\.f re pecting Fishing by Foreign V 81 Vict. cap. 61) 



and the subsequent Statute, entitled An Act bo amend (he Act 

 respecting Fishing by Foreign Vessel " made and pi jsd in the 

 present Se ion of the Parliament of Canada; 



"Chapter 94 of the Revi ed Statute (third Berie I of Nova 

 Scotia " Of the Coa I and Deep-sea fisheries); 



The A< t entitled "An Ld to amend cap. M of the Rei ised Statutes 

 of Nov:, Scotia," (29 Vict., cap. 36.) 



An Act pa ed by the Lcgi lature of the Province of New Bruns- 

 wick, entitled "An A't relal ng to the Coasl Fisheries) and for the 

 Prevention of Illicit Trade " | h; Vict., cap. 69;) 



