APPENDICES TO ORAL ARGUMENTS. 



2355 



Sect. 2. Fishermen from Brit- 

 ish dominions may reserve neces- 

 sary parts of unoccupied beach. 



Sect. 3. No ballast into har- 

 bours and no offal into sea within 

 4 leagues from shore. 



Sect. 4. No one to annoy or ob- 

 struct hauling of seines. 



Sect. 15. Magistrates may make 

 reasonable regulations respecting 

 the fisheries particularly declare 

 in what manner persons shall de- 

 mean themselves in fishing and 

 with what manner of nets and en- 

 gines in said rivers and streams 

 and for regulating the manner of 

 placing seines and nets in havens, 

 rivers, creeks and harbours in in- 

 ferior District of Gaspe such 

 regulations to be published and 

 to apply to that part of such dis- 

 trict to the west of Mackerel 

 Point in Bay of Chaleur (i. e. to 

 whole of the Bay of Chaleur). 



The sections relating to the use of 

 the shores are subject to the same 

 comment made concerning the 

 Order of 1785 and the Act of 1788. 

 Section 3 is extraterritorial and 

 can, therefore, apply only to Brit- 

 ish subjects. 



Section 15 relates to local fish- 

 eries in the rivers and on the 

 shores of harbours and creeks. 

 The power conferred on magis- 

 trates is permissive; there is no 

 evidence that it was ever exer- 

 cised; and there is no evidence 

 that any regulations were ever 

 published. 



Between 1812 and October SO, 



1818. 



No Statutes cited in the British 

 abstract. 



The note in parentheses in the 

 British abstract of Section 15 

 "i. e. to whole of the Bay of 

 Chaleur" is manifestly errone- 

 ous since the Bay of Chaleur lies 

 between the Provinces of Quebec 

 and New-Brunswick. 



The Proclamation of His Maj- 

 esty George III, given October 7, 

 1763, in defining the Southern 

 boundary of Quebec, stated that 

 the line, after " crossing the river 

 Saint Lawrence and the lake 

 Champlain in forty-five degrees 

 North latitude, passes along the 

 high lands which divide the river 

 Saint Lawrence from those which 

 fall into the Sea, and also along 

 the North coast of the Bay des 

 Chaleurs and the coast of the 

 Gulf of Saint Lawrence to Cape 

 Rossiers." 



(Br. App. 533.) 



