ARGUMENT OF SIR JAMES WINTER. 959 



"coasts" in the plural, as a part of it, in contradistinction to the 

 bays? 



SIR JAMES WINTER: Our contention, Mr. President, in regard to 

 that, is that there is no distinction ; that the words " coast " is plain 

 and simple, whether it be used in the singular or the plural ; that the 

 meaning of coast is there and that it is immaterial, seeing that 

 " coasts " is used in Labrador, whether you use the same word apply- 

 ing to another part, another district, and another area, in the sin- 

 gular or the plural. We are quite free to admit that in another place, 

 and with a different context, and with other things to throw a light 

 upon the real meaning of the parties, the word " coast " might be 

 understood and read so as to include " bays, harbours, and creeks." 



The word "coast" is commonly used, not only in formal docu- 

 ments, but in informal documents, conventionally and colloquially, 

 generally in a broad, general sense, in which the coast of a country 

 would be understood to include the bays, harbours, and creeks. We 

 cannot go so far as to dispute that, and to contend that "coasts" 

 ought not, or might not, or could not in some such a case as that 

 possibly be intended to include bays, harbours, and creeks; and that 

 is stated in the British Case. What the British Case relies upon is 

 the clear distinction, the use of different words, not only in these 

 very lines, but in other parts of the same clause other parts which 

 I shall refer to presently in which coasts, bays, and creeks are re- 

 peated over and over again where it is necessary to point out the 

 distinction that is intended to be made between bays and creeks and 

 harbours and coasts. 



JUDGE GRAY : There is one place, Sir James, where they repeat the 

 use of the words " bays, harbours, and creeks." It is where the Amer- 

 ican fishermen are given the liberty for ever " to dry and cure fish in 

 any of the unsettled bays, harbours and creeks of the southern part 

 of the coast of Newfoundland hereinabove described." 



SIR JAMES WINTER: Yes. 



JUDGE GRAY : That is the treaty coast, of course " the southern 

 part of the coast of Newfoundland hereinabove described " ? 



SIR JAMES WINTER: Yes. 



JUDGE GRAY : Is it contemplated that they should catch fish in one 

 place and carry them into other bays and harbours and cure them; 

 or are they at liberty to catch the fish in those bays and harbours and 

 cure them there? 



SIR JAMES WINTER : I was coming to that presently. Our conten- 

 tion is that it is very clear that what was intended was that they 

 should catch the fish outside, out on the coast, and bring it into the 

 bays, harbours, and creeks and dry it; and that is undoubtedly, 

 clearly, and unquestionably the intention ; because I may state here, 

 as I was coming to it it is perfectly well known to everybody that 

 92909 S. Doc. 870, 61-3, vol 10 5 



