QUESTION THREE. 67 



house; fishing vessels were obliged to pay, but they were ex- 

 cused from paying more than once in each year. In 1839, Newfound- 

 land passed an Act (3 Vic., cap. 5) (App., p. 697) compelling all 

 vessels entering any port between Cape Kay and Cape John to pay 

 certain dues according to tonnage for the maintenance of lighthouses. 

 Coasting, sealing, and fishing vessels were required to pay, but the 

 dues were smaller than in the case of other vessels. 



In 1852, the statute 15 Vic., cap. 3, altered the rate of dues, but 

 preserved the former distinction between the different classes of 

 vessels. (App., p. 699.) 



The Act now in force (62 and 63 Vic., cap. 19, 1899) requires the 

 payment, by merchant vessels entering any port in the colony, of 

 certain dues according to tonnage. Coasting, sealing, or fishing ves- 

 sels owned and registered in the colony are exempt whilst not en- 

 gaged otherwise than in the fisheries or coasting trade. (App., 

 p. 754.) 



EXEMPTION OF NEWFOUNDLAND FISHING VESSELS. 



This total exemption of the Newfoundland fishing-vessels has ex- 

 isted since 1899. It is contended by Great Britain that this exemp- 

 tion of colonial fishing-vessels does not in any way affect the pro- 

 priety of the dues imposed upon vessels used by American fishermen. 

 No objection has been taken at any time to the amount of the light 

 dues on the ground that they were excessive, or as being out of pro- 

 portion to the expense to which Newfoundland is put to maintain 

 her lighthouses. The light dues collected do not at all compensate 

 Newfoundland for the expense of erecting and maintaining the light- 

 houses, and, in addition to dues received from merchant-vessels and 

 from American fishing-vessels, Newfoundland contributes every year 

 considerably more than the amount local fishing-vessels would pay 

 on the same basis as American vessels contribute. 



It is therefore submitted that so long as the fair share of these 

 fishing- vessels is contributed by or for them, no objection can be made 

 to the dues levied on American vessels on the ground of inequality. 

 If the United States contributed an amount estimated to be a fair 

 equivalent for what the masters of American fishing- vessels now pay, 

 the positions of the fishermen of Newfoundland and of the United 

 States would then be identical. 



MODUS VIVENDI. 



Under the modus vivendi which has been in force from 1906 until 



the present time, light dues have been paid by American fishermen. 



In his despatch of the 20th June, 1907, in discussing the 



78 terms on which the modus vivendi should be continued, Sir 



