2338 



NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Br. App. 517. 1663. 

 15 Charles II, c. 16. 



(7). No person to lay any net 

 in or near any harbour to catch 

 spawn or young fry of Poor John 

 or for any other use except for 

 taking of bait. 



[Regulates fishing]. 



"An Act for regulating the 

 Herring and other Fisheries and 

 for fiepeal of the Act concerning 

 Madder, 1663." 



Clauses (1) to (4) of this Act 

 deal with the packing of herrings 

 taken in English fisheries. 



Clause (5) deals with fisheries 

 adjacent to Great Britain. Clause 



(6) prohibits the collection of 

 duty in Newfoundland on Eng- 

 lish-caught cod or Poor-John. 



Clause (7) was superceded by 

 the Order in Council of March 

 10, 1670 (Br. App., 518), in which 

 it was provided "That all the 

 subjects of His Majesty's King- 

 dom of England shall and may 

 forever hereafter peaceably hold 

 and enjoy the freedom of taking 

 bait, and 'fishing, in any of the 

 rivers, lakes, creeks, har- 

 1411 bours or roads, in or about 

 Newfoundland." It was 

 also superceded by the British 

 Statute of 1699, 10 & 11 William 

 III, cap. 25 (Br. App., 525), by 

 which the same freedom was con- 

 ferred upon " all His Majesty's 

 subjects residing within this his 

 realm of England or the domin- 

 ions thereunto belonging" The 

 right was thereby extended to 

 British subjects residing in Amer- 

 ica. 



In both the Order in Council 

 and Act of 10 & 11 William III 

 the rights are to be held and en- 

 joyed " as fully and freely as at 

 any time heretofore hath been 

 used and enjoyed by any of the 

 subjects of His Majesty's loyal 

 predecessors," subject to certain 

 rules incorporated in the Order in 

 Council and Act. In neither of 

 these does the provision in Clause 



(7) appear. 



This statute, 15 Charles II, cap. 

 16, is enumerated among the ob- 

 solete statutes repealed by the 

 Statute Revision Act (26-27 Viet., 

 cap. 125), 1863. 



