2046 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Utrecht, a curious provision about catching the sparwn or young fry 

 of Poor-John. It has been read several times. Poor-John, I believe, 

 is a small variety of cod-fish. 



That provision, however, was superseded by the Order-in -Council 

 of 1670, which is in the Appendix to the British Case, and is cited 

 here in this paper, which provided: 



1238 " That all the subjects of His Majesty's kingdom of England 

 shall and may for ever hereafter peaceably hold and enjoy the 

 freedom of taking bait and fishing in any of the rivers, lakes, creeks, 

 harbours or roads in or about Newfoundland." 



If it had not been superseded by that, it would have been super- 

 seded by the statute of 1699, which gives the same freedom to " all 

 His Majesty's subjects residing within his realm of England or the 

 dominions thereunto belonging." Thai Poor-John clause of 1663 was 

 part of the restrictive policy of Great Britain in respect of the Island 

 of Newfoundland. It was when she was trying to keep anybody 

 from settling in Newfoundland, trying to preserve the fishing and 

 the use of Newfoundland for fishing purposes, entirely for her own 

 subjects dwelling in England, Wales, and Berwick-on-Tweed, and 

 this was a provision that any planter or other person or persons re- 

 maining in Newfoundland should not do thus and so. When Eng- 

 land abandoned that extreme restrictive policy and began to permit 

 people to go to Newfoundland the statutes wiped out that among 

 other restrictions. There had been also a provision in the Act of 

 1699 which was read here by Mr. Turner and commented upon, and 

 which provided against the bounty fishermen. 



THE PRESIDENT: Will you permit me, Mr. Senator Root, to draw 

 your attention to the proviso that is contained in the Order-in-Council 

 of 1670, p. 519, of the British Appendix. The second clause of this 

 Order-in-Council seems to contradict the disposition concerning the 

 taking of young fry in the statute of 1663, because there it is said : 



" That all the subjects of His Majesty's kingdom of England shall 

 and may for ever hereafter peaceably hold and enjoy the freedom of 

 taking bait," &c. 



In a subsequent clause of the Order-in-Council of 1670 there is the 

 following proviso : 



" Provided always that they submit unto, and observe all such rules 

 and orders as now are, or hereafter shall be established, by His 

 Majesty, his heirs, or successors, for the government of the said fish- 

 ery in Newfoundland." 



Does not the proviso : " Provided always that they submit unto, 

 and observe all such rules " as are now or may hereafter be in force, 

 apply to the statute of 1663 and is not this disposition, under the 

 head of No. 7 of the statute of 1663 maintained by this disposition 

 of 1670? 



