934 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



To what does that allude? What is the meaning of this exception? 



SIR JAMES WINTER : Because it might, but for that provision " nets 

 set in the usual and customary manner," be considered that the setting 

 of a net would be in-barring. 



THE PRESIDENT: Yes. 



SIR JAMES WINTER : They used to bar them in small quantities. 



SIR CHARLES FITZPATRICK: But you can take herrings by nets, 

 without in-barring or enclosing them? 



SIR JAMES WINTER: Oh, yes. 



SIR CHARLES FITZPATRICK : Is not that the explanation of the pro- 

 viso? 



SIR JAMES WINTER: Yes: "And not used for in-barring or enclos- 

 ing herrings." 



THE PRESIDENT: " In the usual and customary manner." 



SIR CHARLES FITZPATRICK : That is, provided you do not use them 

 to in-bar? 



SIR JAMES WINTER: Yes; provided they are not used for in-bar- 

 ring. 



It appears as if that proviso was really unnecessary. It was put 

 in merely out of abundant caution: 



" Provided that nothing herein contained shall prevent the taking 

 of herrings by nets set in the usual and customary manner, and not 

 used for in-barring or enclosing herrings in a cove, inlet or other 

 place." 



I think I would further suggest this, as an explanation of that 

 proviso, that that was intended to meet the words in the first line of 

 that section: 



" No person shall haul, catch, or take herrings by or in a seine or 

 other such contrivance." 



" Other such contrivance " might have been intended to mean 

 " net " ; and therefore the proviso was made afterwards with regard 

 to nets : Provided that a net may be used, but not used " for in- 

 barring or enclosing herrings in a cove, inlet, or other place." 



In 1882 an Act was passed, which will be found at p. 709 of the 



Appendix to the British Case. 



559 SIR CHARLES FITZPATRICKS When did the Washington 

 Treaty end ? 



SIR JAMES WINTER : In 1883, 1 think. 



THE PRESIDENT: 1885. 



SIR JAMES WINTER: Yes; it continued until 1885. In 1882 an 

 Act was passed regulating cod-traps. The only observation upon 

 that is that the United States fishermen did not use traps, made no 

 objection to the provisions of the Act, and no trouble arose out 

 of that. There are laws in force, and regulations also, in relation 



