PERIOD FROM 1818 TO 1836. 75 



II. If any question should arise before any Magistrate, Justice 

 of the Peace, Judge or Court in Newfoundland, in relation to, con- 

 cerning, or in anywise in respect of the presence on board any such 

 vessel of any caplin, squid, or other bait fishes, or of ice, lines, seines, 

 or other outfit or supplies for the fishery, the burden of proof that 

 the said bait fishes and supplies and outfits have been purchased 

 within the waters of Newfoundland shall rest upon the person or 

 persons alleging the same, 



III. It shall not be lawful for any person without the consent of 

 His Majesty's Senior Naval Ollicer on the Newfoundland Station, 

 in any proceedings against inhabitants of the United States exer- 

 cising or claiming to exercise the liberty to take fish assured to them 

 by the First Article of the Convention of 1818, or against any of their 

 boats or vessels or against any persons engaged by them to form part 

 of the crew of the vessels used or employed by such inhabitants in 

 the exercise of such right. 



A. To serve any process, of law upon any boat or vessel so used 

 or employed for any act or thing done in the exercise or alleged 

 exercise of the said right, or which may, in the opinion of the 

 said Naval Officer, give rise to any question or dispute in relation 

 to the common fishery established or referred to in the said Conven- 

 tion, or to go on board any such vessel or boat for the purpose of 

 serving such a process. 



B. To arrest or seize any such vessel or boat or to seize, remove, 

 or disturb any gear, nets, apparel, or other furniture or stores 

 belonging to such vessel or boat. 



IV. This Order shall commence and come into operation forthwith. 



V. The Governor of Newfoundland, His Majesty's Senior Naval 

 Officer on the Newfoimdland Station, all Judges, Magistrates, Justices 

 of the Peace, Constables, and all other persons whatsoever in New- 

 foundland shall take notice hereof and govern themselves accordingly.'* 



PERIOD FROM 1818 TO 1836. 



During the eighteen years from 1818 to 1836 and in fact for several 

 years thereafter no question arose between Great Britain and the 

 United States under this treaty involving the interpretation of the 

 meaning of its provisions. As has already been shown, the regu- 

 lations established by the order in council of June 19, 1819, adopted 

 under the first section of the act above referred to, had no 

 application to American fishermen and, so far as the United States 

 has been informed, no further order in council under that section 

 of the act was adopted during this period, and no order in council 



"Appendix, p. 117. 



