948 APPENDIX TO BRITISH CASE. 



give such orders and instructions to the governor of Newfoundland, 

 or to any officer or officers on that station, as he or they shall deem 

 proper and necessary to fulfil the purposes of the definitive treaty 

 and declaration aforesaid; and, if it shall be necessary to that end, 

 to give orders and instructions to the governor, or other officer or 



officers aforesaid, to remove, or cause to be removed, any stages, 

 563 flakes, train vatts, or other works whatever, for the purpose of 



carrying on fishery, erected by His Majesty's subjects on that 

 part of the coast of Newfoundland which lies between Cape Saint 

 John, passing to the north, and descending by the western coast of 

 the said island to the place called Cape Rage, and also all ships, 

 vessels, and boats, belonging to His Majesty's subjects, which shall 

 be found within the limits aforesaid, and also, in case of refusal to 

 depart from within the limits aforesaid, to compel any of His Maj- 

 esty's subjects to depart from thence; any law, usage, or custom, to 

 the contrary notwithstanding. 



II. And be it further enacted by the authority aforesaid, that if 

 any person or persons shall refuse, upon requisition made by the 

 governor, or any officer or officers acting under him, in pursuance of 

 His Majesty's orders or instructions as aforesaid, to depart from 

 within the limits aforesaid, or otherwise to conform to such requisi- 

 tion and directions as such governor, or other officer as aforesaid, 

 shall make or give, for the purposes aforesaid, every such person or 

 persons so refusing, or otherwise offending against the same, shall 

 forfeit the sum of two hundred pounds, to be recovered in the Court 

 of Session, or Court of Vice Admiralty in the said Island of New- 

 foundland, or by bill, plaint, or information, in any of His Majesty's 

 courts of record at Westminster; 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: pro- 

 vided always, that every such suit or prosecution, if the same be com- 

 menced in Newfoundland, shall be commenced within three months, 

 and if commenced in any of His Majesty's courts of record at West- 

 minster, within twelve months from the time of the commission of 

 such offence. 



No. 25. 1789: Extract from British Statute, 29 Geo. HI, Cap. 55. 



An Act for further Encouraging and Regulating the Newfoundland, Greenland, 

 and Southern Whale Fisheries. 



" Whereas, as well by immemorial usage as by the provisions of 

 former laws, the right and privilege of drying fish on the Island of 

 Newfoundland do not belong to any of His Majesty's subjects arriv- 

 ing there, except from Great Britain, or one of His Majesty's domin- 

 ions in Europe; for preventing frauds, and thereby better securing to 

 His Majesty s said subjects of Great Britain, and of the other British 

 dominions in Europe, the full advantages of the fishery carried on 

 from there, and of drying fish on the shores of the Island of New- 

 foundland," be it declared and enacted by the King's Most Excellent 

 Majesty, by and with the advice and consent of the Lords Spiritual 

 and Temporal, and Commons, in this present Parliament assembled, 

 and by the authority of the same, that no fish, taken or caught by any 



