340 APPENDIX TO BRITISH COUNTER CASE. 



No. 19. 1908, September 26: British Order in Council. 



AT THE COURT AT BALMORAL, 



The 26th day of September, 1908. 



Present, The King's Most Excellent Majesty 



His Royal Highness the Prince of Wales 



His Royal Highness the Duke of Connaught and Strathearn 



Secretary Sir Edward Grey 



Sir Dighton Probyn. 



Whereas under the provisions of Article I. of a Convention con- 

 cluded at London on the 20th day of October, 1818, the inhabi- 

 206 tants of the United States of America have the liberty of tak- 

 ing, drying and curing fish in common with British subjects 

 on certain parts of the coasts of Newfoundland : 



And whereas, by Section I. of an Act passed in the fifty-ninth 

 year of His late Majesty King George III., it is enacted that it shall 

 and may be lawful for His Majesty by and with the advice of His 

 Majesty's Privy Council, by any Order or Orders in Council, to be 

 from time to time made for that purpose, to make such regulations 

 and to give such directions, orders arid instructions to the Governor 

 of Newfoundland, or to any officer or officers on that station, or to 

 any person or persons whomsoever, as shall or may be from time to 

 time deemed proper and necessary for the carrying into effect of the 

 purposes of the said Convention with relation to the taking, drying 

 and curing of fish by inhabitants of the United States of America, 

 in common with British subjects within the limits set forth in the 

 said Article of the said Convention, an}' Act or Acts of Parliament, 

 or any law, custom, or usage to the contrary notwithstanding : 



And whereas by an Order in Council made on the 9th day of Sep- 

 tember, 1907, in pursuance of the powers vested in His Majesty by 

 the said Act, certain orders and directions were given with relation 

 to the taking, drying and curing of fish by the inhabitants of the 

 United States of America in common with British subjects on the 

 coasts of Newfoundland : 



And whereas, it is expedient that the said Order of the 9th day of 

 September, 1907, should be revoked : 



Now, therefore, His Majesty, in pursuance of the powers vested 

 in His Majesty by Section I. of the Act 59 George III., Chapter 38, 

 by and with the advice of His Majesty's Privy Council, is pleased 

 to order and it is hereby ordered as follows : 



I. The said Order of His Majesty in Council, bearing date the 

 9th day of September, 1907, is hereby revoked, without prejudice 

 to anything lawfully done thereby. 



II. This Order shall commence and come into operation forthwith. 



III. The Governor of Newfoundland, His Majesty's Senior Naval 

 Officer on the Newfoundland Station, all Judges. Magistrates, Jus- 

 tices of the Peace, Constables, and all other persons whatsoever in 

 Newfoundland, shall take notice thereof and govern themselves ac- 

 cordingly. 



A. W. FITZROY. 



