ARGUMENT OF SIR JAMES WINTER. 921 



of importance, they should be obliged to come and procure that 

 licence but they also submitted to the charge of $1.50 per ton for the 

 privilege. 



SIR CHARLES FITZPATRICK : When you talk of the south coast fishery, 

 you mean the south coast cod fishery ? 



SIR JAMES WINTER : Certainly. 



SIR CHARLES FITZPATRICK : The cod fishery in connection with the 

 bank of St. Pierre I think they call it? 



SIR JAMES WINTER: Yes. When I speak of the fishery I would 

 be understood, unless I refer to the herring fishery, as meaning the 

 cod fishery. That is the term, I think, which appears in this 

 549 case. It will be observed that the word '' fishery " did for many 

 years and still does to most people, at any rate certainly with 

 respect to the Newfoundland fisheries, mean the cod fishery. A ques- 

 tion has arisen and still prevails as to whether, in documents, corre- 

 spondence, treaties, &c., the word " fishery " did not mean the cod 

 fishery only. That was one of the questions which was continually in 

 dispute between Great Britain on the one side and France on the 

 other in relation to the construction of treaties and other documents. 



JUDGE GRAY: Will you state again what part of the territorial 

 waters off the coast of Newfoundland you say are important with 

 reference to the cod fishery ? 



SIR JAMES WINTER: They are off the coast of Newfoundland 

 proper. 



JUDGE GRAY : Of Newfoundland proper ? 



SIR JAMES WINTER : The only parts of the coast 



JUDGE GRAY : I mean the territorial waters. 



SIR JAMES WINTER : The territorial waters. I might say generally 

 that no part of the coasts of Newfoundland were believed to be of 

 any importance to the cod fishery, except the coasts at the headlands 

 on each side of the bays. These are the principal fishing grounds to 

 which large vessels resort for the purpose of carrying on the fisheries. 



JUDGE GRAY : That is the cod fishery ? 



SIR JAMES WINTER : The cod fishery. With one or two exceptions 

 there is no cod fishery in the bays of Newfoundland prosecuted on a 

 large scale by vessels. Whatever cod fishery is carried on in the bays 

 i<: comparatively small ; it is carried on only in small boats by a few 

 fishermen who live on the shore and are not able, from one cause or 

 another, to procure boats or vessels to go to any great distance. 



JUDGE GRAY : I am much obliged to you for the information. May 

 I ask you again what other fisheries than the cod fisheries are carried 

 on by American fishermen in the territorial waters of Newfound- 

 land? 



SIR JAMES WINTER: None whatever. 



JUDGE GRAY: Except the herring fishery? 



