2204 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



exceptions to the general rule. But we object to their handicapping 

 our industry by making it an exception to the general rule. 



The next proposition is that, in the conduct of an enterprise for 

 profit, servants and agents may be employed to act with and for tin- 

 proprietors, owners of the enterprise. That is the lesson taught by 

 this statute of 1699 which is at p. 525 of the British Case Appendix, 

 and which provides in the first article that it may be lawful 



" for all His Majesty's subjects residing within this his realm of Eng- 

 land, or the dominions thereunto belonging, trading or that shall 

 trade to Newfoundland, and the seas, rivers, lakes, creeks, harbours in 

 or about Newfoundland, or any of the islands adjoining or adjacent 

 thereunto, to have, use, and enjoy the free trade and traffic, and art of 

 merchandise and fishery, to and from Newfoundland, and peaceably 

 to have, use, and enjoy, the freedom of taking bait and fishing in any 

 of the rivers, lakes, creeks, harbours, or roads, in or about New- 

 foundland, and the said seas, or any of the islands adjacent thereunto, 

 and liberty to go on shore on any part of Newfoundland, or any of 

 the said islands for the curing, salting, drying, and husbanding of 

 their fish, and for making of oil, and to cut down woods and trees 

 there for building and making or repairing of stages, ship-rooms, 

 train-vats, hurdles, ships, boats, and other necessaries .for themselves 

 and their servants, seamen, and fishermen, and all other things which 

 may be useful or advantageous to their fishing trade." 



Here is a law which limits the privilege of fishing in Newfound- 

 land waters " to His Majesty's subjects residing within this, His 

 realm of England, or the domains thereunto belonging/' The right 

 is limited to them. The right is to be exercised through the use of 

 vessels and implements which, according to universal custom, may be 

 handled by servants, seamen and fishermen, and part of whom are 

 not subjects of the realm of England, and who, therefore, have them- 

 selves no right under the treaty; and this statute makes express pro- 

 vision for the going ashore and engaging in this business of fishery 

 by servants, seamen and fishermen. 



Manifestly, there, the servants, seamen and fishermen are not 

 going under their own right. They are going under the right of the 

 vessel owner, the liberty of the class to whom the right i< given. No 

 rights are given to the servants, seamen and fishermen, and when 

 they are permitted to engage, as they are permitted by this statute. 

 in the fishery business, they are not exercising any right of their-: 

 they are acting as the hand of the British subject who has the right 

 to carry on the fishing industry. It is quite independent of any 

 right of their own. They would need no right of their own. It is 

 his right that qualifies them to be there. 



A similar result follows from the statute of 1TT5 relating to a 

 different kind of fishing or quasi-fishing industry. That is at p. 543 

 of the British Appendix. If the Tribunal will turn to articles 10 

 and 11, on p. 545, the following will be observed: 



