AWARD OF THE TRIBUNAL. 77 



tation, as it puts limits to the exercise of the fishery at will, yet such 

 regulations as are reasonable and made for the purpose of securing 

 and preserving the fishery and its exercise for the common benefit, 

 are clearly to be distinguished from those restrictions and " molesta- 

 tions," the annulment of which was the purpose of the American de- 

 mands formulated by Mr. Adams in 1782, and such regulations conse- 

 quently cannot be held to be inconsistent with a servitude; 



(g.) Because the fishery to which the inhabitants of the United 

 States were admitted in 1783, and again in 1818, was a regulated 

 fishery, as is evidenced by the following regulations : — 



Act 15 Charles II, cap. 16, sec. 7 (1663), forbidding "to lay any 

 se'ne or other net in or near any harbour in Newfoundland, whereby 

 to take the spawn or young fry of the Poor-John, or for any other 

 use or uses, except for the taking of bait only," which had not been 

 superseded either by the Order-in-Council of March 10th, 1670, or 

 by the statute 10 and 11 Wm. Ill, cap. 25, 1699. The Order-in- 

 Council provides expressly for the obligation " to submit unto and 

 to observe all rules and orders as are now, or hereafter shall be, 

 .established," an obligation Avhich cannot be read as referring only to 

 the rules established by this very Act, and having no reference to 

 anteceding rules " as are now established." In a similar way the 

 statute of 1699 preserves in force prior legislation, conferring the 

 freedom of fishery only " as fully and freely as at any time hereto- 

 fore." The Order-in-Council, 1670, provides that the admirals, who 

 always were fishermen, arriving from an English or Welsh port, 

 " see that His Majesty's rules and orders concerning the regulation 

 of the fisheries are duly put in execution" (sec. 13). Likewise the 

 Act 10 and 11 Wm. Ill, cap. 25 (1699) provides that the admirals do 

 settle differences between the fishermen arising in respect of the 

 places to be assigned to the different vessels. As to Nova Scotia, the 

 proclamation of 1665 ordains that no one shall fish without licence; 

 that the licensed fishermen are obliged " to observe all laws and 

 orders Avhich now are made and published, or shall hereafter be made 

 and published, in this jurisdiction," and that they shall not fish on the 

 Lord's Day, and shall not take fish at the time they come to spawn. 

 The judgment of the Chief Justice of Newfoundland, October 26th, 

 1820, is not held by the Tribunal sufficient to set aside the proclama- 

 tions referred to. After 1783 the statute 26 Geo. Ill, cap. 26, 1786, 

 forbids " the use, on the shores of Newfoundland, of seines or nets 

 for catching cod by hauling on shore or taking into boat with meshes 

 less than 4 inches"; a prohibition which cannot be considered as 

 limited to the bank fishery. The Act for regulating the fisheries of 

 New Brunswick, 1793, which forbids " the placing of nets or seines 

 across any cove or creek in the province so as to obstruct the natural 

 92009°— S. Doc. 870, Gl-3, ^ol 1 6 



