2070 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



to revive the others, may be an interesting question, but as I say, not 

 especially material to this controversy. 



It is evident that in Newfoundland they did not consider that any- 

 thing had been revived, for the letter of the Governor of Newfound- 

 land to the Colonial Office, which appears on p. 250 of the United 

 States Counter-Case Appendix under date the 29th September, 1855, 

 says : 



" I have the honour to transmit herewith a copy of the Report 

 from the Law Officers of the Crown, which has been furnished in 

 fulfilment of the instructions conveyed by your despatch of the 3d 

 ulto., No. 6, and which I shall take care to communicate to the Brit- 

 ish Minister at Washington, with whom I have already been in 

 correspondence on the subject to which it relates. 



" 2. You will perceive by this Report, which is entirely accordant 

 with that of the late Attorney-General, Mr. Archibald, dated July 

 5th, 1853, copy of which was transmitted with my predecessor's 

 despatch, No. 46, July 12th, 1853, that there are in fact no Laws or 

 regulations whatever relating to the Fisheries practically in force in 

 this Colony. 



THE PRESIDENT: The Attorney-General in the enclosed letter 

 says : 



"apart from the common law of England, which is in operation 



here" "there are no special enactments of the Local Lt\ni^ 



lature in operation here for the regulation of the fisheries.'" 



SIR CHARLES FITZPATRICK: What would be the common law ol 

 England under these circumstances? 



SENATOR ROOT : I should not like to answer that question. 



SIR CHARLES FITZPATRICK : Would the statutes in force at the time 

 in England, applicable to Newfoundland, be part of the common law 

 of England at that time? 



SENATOR ROOT: I do not know what he meant, but it is evident 

 what the Governor thought he meant. 



THE PRESIDENT: And what would be the consequence of the repeal- 

 ing, by the Act of 1824, of the part of statute of 1775, by which it 

 was enacted that fishermen on the Newfoundland banks, or, perhaps, 

 on the Newfoundland shores, are not liable to restraint concerning 

 the hours and days of working? 



SENATOR ROOT: I do not suppose that would impose a re- 

 straint. 



1253 THE PRESIDENT: Would it impose a restraint, because tho 

 repealing act had been repealed? That is a very complicated 

 question. 



SENATOR ROOT: It is evident it was not considered there was any 

 practical restriction, and that is all we really have to do with. 



If the expiration of the act of 1824 wiped out the repeal, it rein- 

 stated that provision, and there were no restrictions to be reinstated. 



