DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 511 



therein, of purchasing wood and of obtaining water," " they shall 

 be under such restrictions as may be necessary to prevent their taking, 

 curing, or drying fish therein, or in any other manner whatever abus- 

 ing the privileges reserved to them." 



(2.) "Appropriate legislation" on this subject was, in the first 

 instance, adopted by the Parliament of the United Kingdom. The 

 Imperial statute, 59 George III., chap. 38, was enacted in the year 

 following the Convention, in order to give that Convention force and 

 effect. That statute declared that except for the purposes before 

 specified it should 



not be lawful for any person or persons, not being a natural born subject of 

 His Majesty, in any foreign ship, vessel, or boat, nor for any person in any 

 ship, vessel, or boat other than such as shall be navigated according to the 

 laws of the United Kingdom of Great Britain and Ireland, to fish for, or to 

 take, dry, or cure any fish of any kind whatever, within three marine miles of 

 any coasts, bays, creeks, or harbours whatever in any part of His Majesty's 

 dominions in America, not included within the limits specified and described in 

 the first Article of the said Convention, and that if such foreign ship, vessel, 

 or boat, or any persons on board thereof, shall be found fishing, or to have been 

 fishing, or preparing to fish within such distance of such coasts, bays, creeks, 

 or harbours within such distance of His Majesty's dominions in America, out 

 of the said limits as aforesaid, all such ships, vessels, and boats, together with 

 their cargoes, and all guns, ammunition, tackle, apparel, furniture, and stores, 

 shall be forfeited, and shall and may be seized, taken, sued for, prosecuted, 

 recovered, and condemned by such, and the like ways, means and methods, and 

 in the same courts, as ships, vessels, or boats may be forfeited, seized, prose- 

 cuted, and condemned for any offence against any laws relating to the Revenue 

 of Customs, or the laws of trade and navigation, under any Act or Acts of the 



Parliament of Great Britain, or of the United Kingdom of Great Britain 

 306 and Ireland ; provided that nothing contained in this Act shall apply or 



be construed to apply to the ships or subjects of any Prince, Power, or 

 State in amity with His Majesty, who are entitled by treaty with His Majesty 

 to any privilege of taking, drying, or curing fish on the coasts, bays, creeks, or 

 harbours, or within the limits in this Act described ; provided always that it 

 shall and may be lawful for any fisherman of the said United States to enter 

 into any such bays or harbours of His Britannic Majesty's dominions in 

 America as are last-mentioned, for the purpose of shelter and repairing 

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

 purpose whatever; subject nevertheless to such restrictions as may be necessary 

 to prevent such fishermen of the said United States from taking, drying, or 

 curing fish in the said bays or harbours, or in any other manner whatever abus- 

 ing the said privileges by the said Treaty and this Act reserved to them, and as 

 shall for that purpose be imposed by any order or orders to be from time to 

 time made by His Majesty in Council, under the authority of this Act, and by 

 any regulations which shall be issued by the governor or person exercising the 

 office of governor in any such parts of His Majesty's dominions in America, 

 under or in pursuance of any such Order in Council as aforesaid. 



And that if any person or persons upon requisition made by the Governor of 

 Newfoundland, or the person exercising the office of governor, or by any 

 governor in person exercising the office of governor in any other part of His 

 Majesty's dominions in America as aforesaid or by any officer or officers acting 

 under such governor or person, exercising the office of governor in the execution 

 of any orders or instructions from His Majesty in Council, shall refuse to 

 depart from such bays or harbours, or if any person or persons shall refuse or 

 neglect to conform to any regulations or directions which shall be made or 

 given for the execution of any of the purposes of this Act: every such person 

 so refusing or otherwise offending against this Act shall forfeit the sum of two 

 hundred pounds, to be recovered in the Superior Court of Judicature of the 

 Island of Newfoundland or in the Superior Court of Judicature of the Colony 

 or Settlement within or near to which such offence shall be committed, or by 

 bill, plaint, or information in any of His Majesty's Courts of Record at West- 

 minster; one moiety of such penalty to belong to His Majesty, his heirs and 

 successors, and the other moiety to such person or persons as shall sue or 

 prosecute for the same. 



