NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



has gone further than I remembered at the moment, when I was 

 speaking. 



That only shows that the legislation all proceeded upon the same 

 belief, or the same assumption, and that is that it was necessary to 

 have a Sunday vacation or close time for the herring. 



In 1884 an Act was passed which requires a little observation. It 

 will be found at p. 709 of the British Appendix. 



THE PRESIDENT : Does not this Act of the 22nd April, 1884, section 

 1, make a distinction in favour of local fishermen ? 



JUDGE GRAY : That is the one he is referring to. 



THE PRESIDENT : I refer to the Statute on p. 709, section 1. 

 560 SIR JAMES WINTER : Oh, yes. 



" Notwithstanding any law to the contrary, it shall be law- 

 ful for the owner of any vessel owned and registered in this Colony, 

 which shall be fully fitted out, supplied and ready to prosecute the 

 Bank fishery, and shall have obtained a Custom's Clearance for the 

 said fishery, to haul, catch, and take herring, at any time and by any 

 means, except by in-barring or enclosing such herring in a cove, inlet 

 or other place, to an extent not exceeding sixty barrels for any one 

 voyage, to be used as bait in prosecuting the said Bank fishery in 

 the said vessel." 



The meaning of the Act being passed in that form, and there being 

 an apparent difference made, or discrimination, or exception made in 

 favour of Newfoundland vessels was this: That under the Act as it 

 stood before 1884, under the general provision against catching fish 

 by seines during the winter months from October to April the New- 

 foundland bank fishermen were found to be damaged or prejudiced. 

 The business of carrying on or prosecuting the fishery on the banks 

 of Newfoundland by the Newfoundland bank fishermen was just then 

 growing up, and it was found that the prohibition against seining 

 during the winter months was operating to the prejudice of the bank 

 fishermen, and that it was necessary to give them an opportunity of 

 procuring sufficient supplies for bait, even by taking with seines. 

 Accordingly this provision was passed, to enable our own fishermen 

 to obtain a supply of bait for the bank fishery. The only reason for 

 the apparent difference or discrimination between them and the 

 American fishermen was the fact, which we have already been dis- 

 cussing, that the American bank fishermen did not, and did not want 

 to, use seines to get herring for bait. There was no trouble with them. 

 They came down and bought their bait, if they did require it all 

 during those months, which was very rarely. They did not require 

 it. The Act was passed in order to enable the fishermen of New- 

 foundland to prosecute the fishery upon the banks. No provision 

 was made with regard to the Americans, because it appeared that 

 there was no provision necessary at the time. The Americans took 

 no exception, made no objection, to this legislation. Consequently 



