2082 NOBTH ATLANTIC COAST FISHERIES ARBITRATION. 



whomsoever," and a refusal or neglect " to conform to any regula- 

 tions or directions which shall be made or given for the execution of 

 any of the purposes of this Act," although it may include both. It 

 would require more careful examination and consideration than I 

 have given to the question for me to determine in my own mind. 

 But the Act seems to contemplate two quite different proceedings. 

 One is the 



" giving of orders for 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 " ; 



and the other is the making of regulations containing 



" such restrictions as may be necessary to prevent such fishermen of 

 the said United States from taking, drying or curing fish in the said 

 bays or harbours " 



of the non-treaty coast 



" or in any other manner whatever abusing the said privileges by the 

 said treaty and this Act reserved to them." 



And that function may be performed either by an order or orders 

 to be made by His Majesty in Council or by regulations issued by the 

 Governor or person exercising the office of Governor in the Colony. 



Article 4 provides : 



" That if any Person or Persons, upon the Requisition made by 

 the Governor of Newfoundland, or the Person exercising the Office 

 of Governor, or by any Governor or Person exercising the Office of 

 Governor, in any other Parts of His Majesty's Dominions in America 

 as aforesaid, or by any Officer or Officers acting under such Governor 

 or Person exercising the Office of Governor, in the Execution of any 

 Orders or Instructions from His Majesty in Council, shall refuse to 

 depart from such Bays or Harbours; or if any Person or Persons 

 shall refuse or neglect to conform ' to any Regulations or Directions 

 which shall be made or given.' " 



Then he shall be punished. I should think it applied to both. 

 1260 JUDGE GRAY: And to British subjects as well, who may 

 presume to interfere with treaty rights? 



SENATOR ROOT: Certainly; it applies to everybody. I think it is 

 a general clause, giving sanction to the execution of both of these 

 powers. The power in the King in Council to give orders for car- 

 rying out and giving effect to the treaty, and the power in the King 

 in Council and the Governors of the Provinces for restricting the 

 abuse of the treaty rights on the non-treaty coast. 



The Order-in-Council of the 19th June, 1819, appears at p. 114, 

 and I begin to read at middle of p. 115 of the United States Case 

 Appendix. It provides, after a recital of the treaty and the 

 statute : 



" 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 



