2354 



NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Br. App. 592. 1788. 

 28 George ill, c. 0. 

 By Governor and Legislative 



Council. 



Recites Bay of Gaspe and Bay 

 of Ghaleurs in this Province. 



Sect. 1. His Majesty's subjects 

 to have freedom of taking bait 

 and fishing with liberty to land 

 for curing fish in certain parts. 



Sect. 2. Fishermen from Great 

 Britain may reserve necessary 

 parts of beach. 



Sect. 3. No person to rind trees 

 or set fire to woods, or to hinder 

 hauling of seines or shoot seine 

 within another seine. 



Sect. 4. No ballast to be 

 thrown in harbours, and no offal 

 to be cast into sea within 2 

 leagues of shore. 



Br. App. 600. 1807. 

 47 George III, c. 12. 



By the King with consent of Leg- 

 islative Council and Assembly 

 and Province of Lower Canada. 



Sect. 1. Freedom to his Maj- 

 esty's subjects to take bait and 

 fish with liberty to land for cur- 

 ing fish in certain parts. 



ment of the Newfoundland fish- 

 ery." 



The principle of the Act 10 

 and 11 Wm. Ill, cap 25, to which 

 reference is made, has been al- 

 ready commented upon. 



There is no evidence that the 

 Governor ever issued any regula- 

 tions under these instructions, 

 which were to prevent the estab- 

 lishment of private rights of 

 fishing and to keep the fishery 

 open and free from interference. 



"An Act or Ordinance for reg- 

 ulating the Fisheries in the 

 River St. Lawrence, in the Bays 

 of Gaspe and Chaleurs, on the 

 Island of Bonaventure, and the 

 opposite shore of Perce, 1788." 



The same comment, made con- 

 cerning the Order issued to the 

 Governor of Quebec in 1785, ap- 

 plies here. On the shores 

 1420 described fishermen com- 

 ing from the United States 

 had no right to dry and cure un- 

 der the Treaty of 1783. 



The provision in Section 4 as 

 to throwing offal overboard, be- 

 ing extraterritorial, applied of 

 necessity only to British subjects. 



"An Act for the better Regu- 

 lation of the Fisheries in the in- 

 ferior district of Gaspe, and to 

 repeal an Act or Ordinance 

 therein mentioned, April 16, 

 1807." t 



Section 1. Provides that, where- 

 as " the Fisheries have been found 

 beneficial to the Trade of the 

 mother country," the peaceful use 

 and enjoyment to British subjects 

 shall be preserved. 



