1566 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



corporated in the treaty the negotiators did not understand it. They 

 could not be suspected of knowing it, for their understanding was 

 that the word was to receive its ordinary meaning. On the 14th 

 June, 1819, this Act was passed, United States Case Appendix, p. 

 112. One of the sections, referring to the treaty coast gives the King 

 in Council the right 



" from time to time made for that purpose, to make such Regulations, 

 and to give such Directions, Orders and Instructions to the Governor 

 of Newfoundland, or to any Officer or Officers on that Station, or to 

 any other person or persons whomsoever, as shall or may be from 

 time to time deemed proper and necessary for the carrying into 

 Effect the Purposes of the said Convention, with relation to the 

 taking. Drying and curing of Fish by Inhabitants of the United 

 States of America, in common with British Subjects, within the 

 limits set forth in the said Article of the said Convention and herein- 

 before recited ; any Act or Acts of Parliament, or any Law, Custom 

 or Usage to the contrary in anywise notwithstanding." 



That is to say, they gave to His Majesty with regard to these 

 treaty coasts, the places where we could take fish, the right by Order- 

 in-Council to see to it that his treaty obligations were maintained. 



In the second paragraph on p. 113 of the Appendix to the Case of 

 the United States, the Act deals at length with the non-treaty 

 coasts " not included within the limits specified and described in 

 the first article ; " that is to say, the non-treaty coasts. 

 948 And they make provision that the right of entry for the four 

 purposes named in the treaty shall not be violated. The pro- 

 vision is, to proceed with the reading 



" not included within the Limits specified and described in the first 

 Article of the said Convention, and hereinbefore recited; and that if 

 any such Foreign Ship, Vessel or Boat, or any Persons on board 

 thereof, shall be found fishing or to have been fishing, or preparing 

 to fish within such Distance of such Coasts, Bays, Creeks or Har- 

 bours, within such Parts of His Majesty's Dominions in America out 

 of the said Limits as aforesaid." 



Then the vessel is to be seized and the procedure is set out. 



So then it becomes important to us to consider what His Majesty 

 did in Council. The Order-in-Council will be found at p. 114, United 

 States Case Appendix, where His Majesty goes on also to recite the 

 making of the treaty and its provisions. And on p. 115, he recites 

 the Act which gives the authority to give directions just midway 

 of the page (United States Case Appendix, p. 115) : 



" It is ordered by His Royal Highness the Prince Regent, in the 

 name and on the behalf of His Majesty, and by and with the advice 

 of His Majesty's Privy Council, in pursuance of the powers vested 

 in His Majesty by the said Act, that the Governor of Newfoundland 

 do give notice to all His Majesty's subjects being in or resorting to the 

 said ports that they are not to interrupt in any manner the aforesaid 

 fishery so as aforesaid allowed to be carried on by the inhabitants of 



