2348 



NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



5. Licensed fishermen not to be 

 disturbed. 



6. All persons to endeavour the 

 preserving of the fish and the 

 banks; none to take fish during 

 spawning season; no offal to be 

 thrown overboard. 



Br. App. 587. 1770. 

 10 Geo. Ill, c. 10. 

 By Governor, Council and 



Assembly. 



1. No fishermen to throw offal 

 into sea within three leagues of 

 shore. 



Between 1783 and 181%. 

 Br. App. 591. 1786. 

 26 Geo. Ill, c. 7. 



required were evidently to pre- 

 vent sedition, and to protect the 

 government. 



(5) "A.11 persons licensed to 

 fish in this jurisdiction, trade be- 

 ing settled in any free place 11 

 shall not be disturbed or inter- 

 rupted. 



- This section is intended to pre- 

 vent any interference with the 

 full enjoyment of the liberty of 

 using unoccupied shores. It does 

 not apply to fishing. 



This proclamation was issued, 

 when Great Britain held nominal 

 sovereignty over Nova Scotia, 

 Port Royal having been captured 

 in 1654. The whole of Nova 

 Scotia was delivered up to France 

 in 1668 or 1669 pursuant to the 

 10th and llth articles of the 

 Treaty of Breda. (Haliburton, 

 Nova Scotia, 1829, vol. i, pp. 61- 

 65). 



The orders promulgated by the 

 proclamation, therefore, were 

 abrogated by the treaty and the 

 recession under it. 



"An Act for the benefit of the 

 Fishery on the Coasts of this 

 Province, 1770." 



1. As this provision, which is a 

 matter of police regulation, ap- 

 plies to acts beyond the territorial 

 jurisdiction of the province, it 

 could only affect British subjects, 

 and did not apply to American 

 fishermen after 1783. 



"An Act in addition to, and 

 amendment of, an Act, made in 

 the third year of the reign of His 

 Present Majesty, entitled, an Act 

 to prevent nuisances by hedges, 

 weirs, and other encumbrances^ 



