PERIOD FEOM 1871 TO 1905. , 779 



These views derive great, if not conclusive, force from the action 

 of the British Parliament on the subject, adopted very soon after the 

 treaty of 1818 took effect, and continued without change to the pres- 

 ent time. 



An act of Parliament (59 George III, chap. 38) was passed June 

 14, 1819, to provide for carrying into effect the provisions of the 

 treaty. After reciting the terms of the treaty, it enacts (in sub- 

 stance) that it shall be lawful for His Majesty by orders in council 

 to make such regulations and to give such directions, orders, and in- 

 structions to the governor of Newfoundland or to any officer or 

 officers in that station, or to any other persons " as shall or may be 

 from time to time deemed proper and necessary for the carrying into 

 effect the purposes of said convention witk relation to the taking, 

 drying, and curing of -fish by inhabitants of the United States of 

 America, in common with British subjects within the limits set forth 

 in the aforesaid convention." 



It further enacts that any foreign vessel engaged in fishing, or 

 preparing to fish, within three marine miles of the coast (not author- 

 ized to do so by treaty) shall be seized or forfeited upon prosecution 

 in the proper court. 



It further provides as follows : 



" That it snail and may be lawful for any fisherman of the said 

 United States to enter into any such bays or harbors of his Britannic 

 Majesty's dominions in America as are last mentioned for the pur- 

 pose of shelter and repairing damages therein and of purchasing 

 wood and of obtaining water, and for no other purpose whatever, 

 subject nevertheless to such restrictions as may be necessary to pre- 

 vent such fishermen of the said United States from taking, drying, 

 or curing fish in the said bays or harbors, or in any other manner 

 whatever abusing the said privileges by the said treaty and this act 

 reserved to them, and as shall for that purpose be imposed by an 

 order or orders to be from time to time made by His Majesty in coun- 

 cil under the authority of this act, and by any regulations which 

 shall be issued by the governor or person exercising the office of gov- 

 ernor in any such parts of His Majesty's dominions in America, under 

 or in pursuance of any such an order in council as aforesaid. 



It further provides as follows : 



" That if any person or persons upon requisition made by the gov- 

 ernor of Newfoundland, or the person exercising the office of governor, 

 or by any governor or person exercising the office of governor, in any 

 other parts of His Majesty's dominions in America as aforesaid, or by 

 any officer or officers acting under such governor, or person exercising 

 the office of governor, in the execution of any orders or instructions 

 from His Majesty in council, shall refuse to depart from such bays or 

 harbors; or if any person or persons shall refuse or neglect to con- 

 form to any regulations or directions which shall be made or given 

 for the execution of any of the purposes of this act ; every such person 

 so refusing or otherwise offending against this act shall forfeit the 

 sum of 200, to be recovered, &c." 



It will be perceived from these extracts, and still more clearly 

 from a perusal of the entire act, that while reciting the language of 



