PERIOD FROM 1871 TO 1905. 743 



which Documents were appended to the message from President Hayes 

 to the House of Representatives. The United States Government 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 

 Newfoundland will be invited to make the necessary changes in the 

 law if any such should be found to be necessary. 



DEPARTMENT OF STATE, 



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 20th day of December 

 " and the 1 st 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 

 *' dependencies, or in any bays, harbors or other places therein, hav- 

 " ing 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 th day of May and the 20 th 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 any 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 exportation or otherwise, and on refusal to answer or answer- 

 " ing untruly, such person shall, on conviction, be subject to the 

 " provisions of the twelfth section of this chapter." 

 are both considered to be in their provisions restrictive of the rights, 

 guaranteed to American fishermen by the XVIII Article of the 

 Treaty of 1871, and the amendment to section 4, by the 39th Vic- 



