180 CASE OF THE UNITED STATES. 



fisheries, and to this end attention is called to the following Acts, viz. 

 Cap: 102 Consolidated Statutes Newfoundland, 



38. Vict: Cap: 7 



39 " " 6 



40 " " 13 

 42 " " 2 



wdiich Documents were appended to the message from President 

 Hayes to the House of Representatives. The United States Gov- 

 ernment is invited to examine these Statutes, and to state whether 

 they find in them anything open to objection or have any suggestions 

 to make with regard to them. 



Any Communication which the United States Government may 

 make upon this subject will receive careful consideration on the part 

 of Her Majesty, and when an agreement has been arrived at as to the 

 regulations which should govern the fisheries the Legislature of New- 

 foundland will be invited to make the necessary changes in the law 

 if any such should be found to be necessary." 



In reply to this proposal the following paper was handed by the 

 Secretary of State to the British Minister on May 9, 1882: 



United States Memorandum. 



Referring to the British Memorandum relating to the Newfound- 

 land Statutes restricting the fisheries, viz: 



Cap. 102 Consolidated Statutes of Newfoundland. 



38 Vic. cap. 7. 



39 Vic. cap. 6. 



40 Vic. cap. 13. 

 42 Vic. cap. 2. 



the Government of the United States makes the following observa- 

 tions on these Acts : 



Section 2 of cap. 102, which is as follows: 



"No person shall at any time between the 20*^ day of December 

 and the P' day of April in any year, use any net to haul, catch 

 or take herrings on or near the coasts of this colony or of its depend- 

 encies, or in any bays, harbors or other places therein, having the 

 mokes, meshes or scales of such net less than two inches and three 

 eighths of an inch at least or having any false or double bottom 

 of any; description; nor shall any person put any net, though of 

 legal size mesh, upon or behind any other net not of such size mesh 

 for the purpose of catching or taking such herring or herring fry 

 passing a single net of legal size mesh;" 

 and Section 4 of the same Act : 



"No person shall between the 20^*^ day of May and the 20*'' day 

 October in any year, haul, catch or take herrings or other bait for 

 exportation, within one mile measured by the shore or across the 

 water of any settlement situate between Cape Chapeau Rouge and 

 Point Enragee, near Cape Ray; and anj^ person so hauling, catching 

 or taking, within the said limits, may be examined on oath by a 

 justice, officer of customs or person commissioned for the purpose, 

 as to whether the herrings or other bait are intended for exporta- 



o Appendix, p. 742. 



