BRITISH, COLONIAL AND OTHER CORRESPONDENCE, ETC. 397 



attempt to engage any person to form part of the crew of the said 

 vessel, in any port, or on any part of the coasts of this Island." 



It is clear that a contract is void if prohibited by a Statute though 

 the Statute inflicts a penalty only because such a penalty implies a 

 prohibition (per Park B., Copp versus Rowlands, 2 M. and W., 149, 

 and per Lord Holt, Bartlett versus Vinor. Carthens, 252). The 

 attempted engagement of these men being nugatory, there can be no 

 identity between the appellants and the Ralph L. Hall. With respect 

 to the application of the Bait Act, the appellants therefore must 

 necessarily stand towards the vessel in the relation of local suppliers 

 of bait-fish, and, before they are permitted to ship or put bait-fish on 

 board the vessel, Section 1 of this Chapter requires that they should 

 hold a license. The license which this section requires them to hold, 

 is a license issued under the Act by the authority of the Governor in 

 Council. The appellants not having had such a license, are guilty of 

 the offence with which they have been charged, and the conviction 

 must therefore be affirmed with costs. Sir James Winter, K. C., and 

 Mr. Howley, counsel for appellants; the Attorney-General and Mr. 

 Kent, K. C., for respondents. 



Mr. Justice Johnson's judgment, to the same effect, will appear to- 

 morrow. 



Sir James Winter, K. C., intimated his intention to appeal to the 

 Privy Council. 



Governor MacGregor to Lord Elgin. 



TELEGRAM. 



(Received 8.35 p. m., May 8, 1907.) 



Am informed by Attorney-General that he does not intend to enter 

 any further prosecutions against fishermen in position of Dubois and 

 Crane on account of last season transactions. 



MACGREGOR. 



Governor MacGregor to Lord Elgin. 



TELEGRAM. 



(Received 3.55 p. m., August 2, 1907.) 



My Ministers have adopted a long minute in reply to your tele- 

 gram of the 24th of July, approving position taken by my Prime 

 Minister in recent correspondence with your Lordship. They cannot 

 be consenting parties to any limitation, suspension, or abrogation of 

 Colonial laws in favour of American citizens. They strongly object 

 to continuance of 1906 modus vivendi, and consider that they, and not 

 American Government, are the best judges as to whether last year's 

 modus vivendi can be continued without causing hardship to the 

 Colony. This Government, having proposed reference to Hague 

 Tribunal, and concurred in offer or His Majesty's Government, con- 

 tained in despatch of 20th June last, Foreign Office to American 

 Ambassador, to communicate to American Government copy of Fish- 



