328 MISCELLANEOUS 



which it is impossible in most cases to obtain direct and positive evi- 

 dence. Sections 12 and 17 relate to this point. 



Section 10 contains a new penal provision, viz., the confiscation of 

 the " fish " unlawfully taken. &c. It also remedies a defect under Iho 

 former Acts in relation to the power of the convicting Magistrate to 

 confiscate, which, though intended, has been held not to have been 

 given by the strict words of the Acts. 

 l" have, &c. 



(Signed) J. S. WINTER. 



Extracts from British Blue Book, Newfoundland, May, 1891. 



Statement made ~by Sir W. V. Whiteway in the House of Lords on 



23rd April 1891. 



MAY IT PLEASE YOUR LORDSHIPS, 



On behalf of the Legislature of Newfoundland, I beg to express 

 deep gratitude for the great privilege which has been conceded to 

 its delegates by your Lordships in permitting us to appear at the 

 bar of this most noble and august assembly, to express the Legisla- 

 ture's objections to the Bill entitled "An Act to revive certain sec- 

 "tions of an Act of the fifth year of the reign of George IV., chap. 

 "51, for the purpose of carrying into effect engagements with 

 "France respecting Fisheries in Newfoundland." 



I shall express those objections as concisely as possible. 



It will not be necessary to tire your Lordships by reading those 

 portions of the treaties and declarations which refer to Newfound- 

 land, with all of which you are already familiar; and I will there- 

 fore content myself with saying that the 13th article of the Treaty 

 of Utrecht (1713) was revived by the 5th article of the Treaty of 

 Paris (1763), arid that the Treaty of Versailles (1783) again re- 

 stored the fishery rights of the French to their position under the 

 Treaty of Utrecht. The Treaty of Paris (1814) restored matters 

 to the status they were in in 1792, under the Treaty of Versailles, 

 and in 1815 the third Treaty of Paris confirmed the treaty made in 

 the previous year. Your Lordships' attention is particularly drawn 

 to the 6th article of the Treaty of Paris, (1763), to the 4th article 

 of the Treaty of Versailles (1783), and to the declarations which 

 accompanied the latter treaty. 



(The articles of the several treaties and the declarations form Ap- 

 pendix A to this paper.) * " 



HISTORY or LEGISLATION. 



A brief history of the legislation in connexion with the treaties 

 and declarations will be found instructive and significant when the 

 arguments which I shall venture to adduce come to be considered. 



It is a remarkable fact that for 75 years from 1713 to 1788 no 

 legislation seems to have taken place with reference to the execution 

 of the Treaties of Utrecht, Paris, or Versailles. The first Act upon 

 the subject was passed in July 1788 five years after the Treaty of 



