ARGUMENT OF SIR JAMES WINTER. 935 



to cod-traps; and as to those, all that 1 can say is that the United 

 States fishermen either do not use cod-traps at all, or if they do, they 

 have made no objection to the provision, and are complying with it. 

 There has been no trouble. 



THE PRESIDENT: Will you permit me to interrupt you a moment, 

 Sir James? I have found now, in a Newfoundland statute of 20th 

 May, 1882, on p. 709 of the British Appendix, a disposition that re- 

 minds me again of a question which was put a while ago by Mr. 

 Justice Gray. He asked what is to be done with the net which has 

 been set out on Saturday, perhaps at 11 o'clock in the night, and re- 

 mains until Monday morning. 



In the statute of 1882 I think there is, concerning another object, 

 a disposition which would give an answer to that question, but which 

 leads to perhaps a different conclusion concerning the Act of 1876. 

 In the statute of 1882 there is a disposition, under section 2 : 



" No person shall, at any time within the period of two years 

 .... set or permit to remain set, or to remain in the water, any 

 Net or other contrivance whatsoever for the capture or taking of 

 Salmon or Trout, .... between .... Friday and .... Monday." 



This disposition does not apply to our case. It applies only to 

 salmon and trout in the rivers. 



SIR JAMES WINTER : Oh, yes. 



THE PRESIDENT: But it would give an answer to the question put 

 by Mr. Justice Gray. Perhaps one could conclude that, as the statute 

 of 1882 disposes expressly of the case of the net being permitted 

 to remain in the water, that according to the law of 1876 the ques- 

 tion ought to be answered in the opposite sense, because there is no 

 disposition there of the matter specifically; that the consequence 

 would be that the net might remain in the water, notwithstanding 

 the Sunday. 



SIR JAMES WINTER : That question has been dealt with, I may say, 

 and legislated upon since, and I refer the Tribunal to p. 720 legis- 

 lation passed in 1891. 



THE PRESIDENT: It is No. 51. 



SIR JAMES WINTER : Section 51 : 



" No person shall catch, take or bar herring in a seine, net or other 

 contrivance, between the hours of twelve o'clock on Saturday night 

 and twelve o'clock on Sunday night, and no nets or other contrivances 

 (except seines containing herring which shall have been barred be- 

 fore twelve o'clock on Saturday night) shall be allowed to be set 

 or remain in the water during the aforesaid period, under a penalty 

 not exceeding one hundred dollars." 



It would appear from that that this very question of leaving 

 the nets set out during Sunday has been dealt with in this manner, 

 and that now it is unlawful to leave the net there during Sunday, 

 and the net must be taken up on Saturday night. The legislation 



