ARGUMENT OF SAMUEL, J. ELDER. 1545 



port, the next time she turns up, whether it is six months or a long 

 time afterwards. And as to the treaty coasts, the vessels must go 

 back to some one of those main harbors, Bonne Bay, the Bay of 

 Islands, St. George's Bay, or to some one of the smaller harbors. It 

 is a part of their trade to go back. So that the vessel on its 

 935 next voyage is seized and proceeded against for its failure to 

 make payment of these dues. And that comes simply to this, 

 that the vessel must pay, or it cannot exercise its treaty privileges on 

 the treaty coast, of fishing, or on the non-treaty coast of any one of 

 the other four objects, without making the payment. It may be that 

 the mills of the gods will grind slowly, but they will grind exceeding 

 small, and in the end the result is inevitable. So that it comes to be 

 a condition precedent, as well as a condition subsequent, that the 

 vessel should pay, because it is a condition precedent to the next exer- 

 cise of the privilege. So that we are met squarely, in this case, under 

 these two questions, by this question: Can the liberty on the treaty 

 coast, or the privilege on the non-treaty coast, be made dependent 

 upon the payment of the various charges which are set out in those 

 two questions? 



That is all I have to say with reference to that first point. 



I come now to another, which has not been discussed, I think, at all. 

 Sir Robert Finlay did not discuss it, and used the words to which I 

 shall refer, interchangeably, as if they were synonymous in their 

 effect. The words are " report or entry." If the Tribunal has the 

 question before it the expression will be found to be the same in either 

 one of the questions. I am reading from Question 3 : 



" to the requirements of entry or report at custom houses." 



There is a world-wide difference between those two things. I fancy 

 that the meaning is well enough understood, but it may be well to 

 state it. A report of a vessel coming in is practically a statement 

 that she is there, and who she is, and who her master is, and possibly 

 the number of her crew. But an entry is the formal entry in cus- 

 toms with reference to the payment of duties and to the examination 

 of her cargo, and to all questions, and it involves clearance on going 

 out. While report does not necessarily involve clearance in going 

 out, it may be coupled with it. So that it is of vital importance to 

 determine whether our fishing- vessels, while exercising these liber- 

 ties or privileges, can be subjected to one or the other, assuming that 

 the Tribunal should think that they ought to do either. Fortunately 

 the distinction between the two words is brought- out by an Act 

 of the British Parliament, to which I have already referred. This 

 is the Act of 15 Geo. Ill, cap. 31, in the year 1775, on p. 65 of the 

 British Case: 



" VII And it is hereby further enacted by the authority aforesaid 

 that from and after the 1st day of January, 1776, all vessels fitted 



