330 MISCELLANEOUS 



above quoted; and these two sections it is proposed to re-enact by 

 the Bill now before your Lordships. 



An Act was passed in 1829 to continue the Act 5 Geo. IV. chap: 51. 

 last referred to, until the 31st of December 1832; and in 1832 the Act 

 5 Geo. IV., chap. 51. was further extended until 1834, " and no 

 longer." In 1832 a legislature was granted to Newfoundland, its 

 first assembling taking place in 1833 ; and Parliament did not in 1834 

 further continue in force the law enacted in 1824, leaving to the 

 Legislature of the Colony the task of passing laws and enforcing 

 regulations to carry 'out the treaties and declarations. 



The Legislature of the Colony did not, however, assume this duty, 

 nor does it appear by the records that its attention was ever called to 

 the matter. The fact remains, however, that in 1834 the last Act of 

 Parliament in this connexion expired by virtue of one of its own 

 provisions, and that from that year until the present time no legal 

 authority has existed for the enforcement of Her Majesty's instruc- 

 tions to naval commanders upon the coast of Newfoundland. It is 

 now proposed to re-enact the provisions of the Act 5 Geo. IV., 

 chap. 51. and to give them an application in a manner never before 

 suggested. 



Extracts from British Blue Book, Newfoundland, August, 1893. 

 Colonial Office to Sir W. Whiteway. 



DOWNING STREET, August 3, 1891. 



SIR: Referring to your interview with Lord Knutsford on the 21st 

 July, which brought to a conclusion the discussions respecting the 

 permanent Bill which it is proposed should be passed by the Legisla- 

 ture of the Colony for the enforcement of the French Treaties and 

 Arbitration Award, I am to invite your consideration of the follow- 

 ing observations. 



******* 



10. SECTION 1, SUB-SECTION 1. The Colonial Government desires to 

 have the appointment of the proposed judicial officers, but it was ex- 

 plained to the delegates from the first that the selection must rest 

 with Her Majesty's Government, who in return have undertaken to 

 provide the salaries of the two gentlemen who it is believed will be 

 sufficient for the duties to be performed. At the same time it will be 

 open to the Colony to ask for the appointment of a third if they think 

 fit to bear the expense; and. in that case their recommendation of any 

 particular person would doubtless receive favourable consideration. 

 But looking to the delicate international bearing of the cases which 

 may come before the Court, Her Majesty's Government have formed 

 a decided opinion that at any rate at the outset the judges should be 

 gentlemen unconnected with the Colony, and independent of all local 

 interests. It may safely be presumed that able lawyers will speedily 

 make themselves acquainted with the conditions of the fishery, while 

 the power of appointing assessors will enable them to obtain the assist- 

 ance of gentlemen possessing special local knowledge. And to this 

 view, which the delegates were understood to accept, Her Majesty's 

 Government must adhere. 



