500 APPENDIX TO BRITISH CASE. 



the inhabitants? of the said United States shall have, forever, in common with 

 the subjects of His Britannic Majesty, the liberty to take fish of every kind 

 on that part of the southeru coast of Newfoundland which extends from 

 299 Cape Ray to the Rameau Island, on the western and northern coast of 

 Newfoundland, from the said Cape Ray to the Quirpon Islands, on the 

 shores of the Magdalen Islands, and also on the coasts, bays, harbors and 

 creeks, from Mount Joly, on the southern coast of Labrador, to and through 

 the Straits of Belle Isle, and thence northwardly indefinitely along the coast, 

 without prejudice, however, to any of the exclusive rights of the Hudson's 

 Bay Company; and that the American fishermeu *hall also have liberty, for- 

 ever, to dry and cure fish in any of the unsettled bays, harbors and creeks of 

 the southern part of the coast of Newfoundland hereabove described, and of 

 the coast of Labrador; but so soon as the same, or any portion thereof, shall 

 be settled, it shall not be lawful for the said fishermen to dry or cure fish at 

 such portion so settled, without previous agreement for such purpose, with the 

 inhabitants, proprietors, or possessors of the ground. 



And the United States hereby renounce forever any liberty heretofore en- 

 joyed or claimed by the inhabitants thereof, to take, dry or cure fish, on or 

 within three marine miles, of any of the coasts, bays, creeks or harbors of His 

 Britannic Majesty's dominions in America, not included within the above men- 

 tioned limits; provided, however, that the American fishermen shall be ad- 

 mitted to enter such bays or harbors for the purpose of shelter and of repair- 

 ing damages therein, of purchasing wood, and of obtaining water and for no 

 other purpose whatever. But they shall be under such restrictions as may be 

 necessary to prevent their taking, drying or curing fish therein, or in any 

 manner whatever abusing the privileges hereby reserved to them. 



Attention is also called to the following provisions of the Act of 

 the Parliament of Canada, cap. 61, of the Acts of 1868, intituled: 

 "An Act respecting fishing by foreign vessels." 



2nd. Any commissioned officer of Her Majesty's Navy, serving on board of 

 any vessel of Her Majesty's Navy, cruising and being in the waters of Canada 

 for the purpose of affording protection to Her Majesty's subjects engaged in 

 the fisheries, or any commissioned officer of Her Majesty's Navy, Fishery 

 Officer, or Stipendiary Magistrate on board of any vessel belonging to or in 

 the service of the Government of Canada and employed in the service of pro- 

 tecting the fisheries or any officer of the Customs of Canada, Sheriff, Magis- 

 , trate or other person duly commissioned for that purpose, may go on board 

 of any ship, vessel or boat, within any harbor in Canada, or hovering (in 

 British waters) within three marine miles of any of the coasts, bays, creeks 

 or harbors in Canada, and stay on board so long" as she may remain within 

 such place or distance. 



3rd. If such ship, vessel or boat be bound elsewhere, and shall continue within 

 such harbor, or so hovering for twenty-four hours after the Master shall have 

 been required to depart, any one of such officers or persons as are above men- 

 tioned may bring such ship, vessel or boat into port and search her cargo, and 

 may also examine the Master upon oath touching the cargo and voyage; and if 

 the Master or person in command shall not truly answer the questions put to 

 him in such examination, he shall forfeit four hundred dollars; aud if such fhip, 

 vessel or boat be foreign, or not navigated according to the laws of the United 

 Kingdom or of Canada, and have been found fishing, or preparing to fish, or to 

 have been fishing (in British waters) within three marine miles of any of the 

 coasts, bays, creeks or harbors of Canada, not included within the above men- 

 tioned limits, without a license, or after the expiration of the period named in the 

 last license granted to such ship, vessel or boat under the first section of this 

 Act, such ship, vessel or boat, and the tackle, rigging, apparel, furniture, stores 

 and cargo thereof shall be forfeited. 



4th. All goods, ships, vessels and boats, and the tackle, rigging, apparel, fur- 

 niture, stores and cargo liable to forfeiture under this Act, may be seized and 

 secured by any officers or persons mentioned in the second section of this 

 Act; and every person opposing any officer or person in the execution of his 

 duty under this Act. or aiding or abetting any other person in any opposition, 

 shall forfeit eight hundred dollars, and shall be guilty of a misdemeanor, and 

 upon conviction be liable to imprisonment for a term not exceeding two years. 



Having reference to the above, you are requested to furnish any for- 

 eign fishing vessels, boats or fishermen found within three marine 



