814 CORBESPONDENCE, ETC. 



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 what- 

 ever, abusing the said privileges by the said treaty and this act re- 

 served to them, and as shall, for that purpose, be imposed by any order 

 or orders to be from time to time made by His Majesty in council 

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

 be issued by the governor or person exercising the office of governor 

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

 in pursuance of any such order in council as aforesaid. And that if 

 any person or persons upon requisition made by the governor of New- 

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

 governor in 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 

 conform 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 two hundred pounds, to be recovered in the su- 

 perior court of judicature of the island of Newfoundland, or in the 

 superior court of judicature of the colony or settlement within or near 

 to which such offense shall be committed, or by bill, plaint, or infor- 

 mation in any of His Majesty's courts of record at Westminster, 

 one moiety of such penalty to belong to His Majesty, his heirs and 

 successors, and the other moiety to such person or persons as shall 

 sue or prosecute for the same." 



The acts passed by the Provinces now forming Canada, and also 

 by the Parliament of Canada (now noted in the margin) a are to the 

 same effect, and may be said to be merely declaratory of the law as 

 established by the imperial statute. 



3. The authority of the legislatures of the Provinces, and, after 

 confederation, the authority of the Parliament of Canada, to make 

 enactments to enforce the provisions of the convention, as well as the 

 authority of Canadian officers to enforce those acts, rests on well- 

 known constitutional principles. 



Those legislatures existed, and the Parliament of Canada now 

 exists, by the authority of the Parliament of the United Kingdom 

 of Great Britain and Ireland, which is one of the nations referred to 

 by Mr. Bayard as the " contracting parties." The colonial statutes 

 have received the sanction of the British sovereign, who, and not th 

 nation, is actually the party with whom the United States made the 

 convention. The officers who are engaged in enforcing the acts of 

 Canada or the laws of the Empire, are Her Majesty's officers, whether 

 their authority emanates directly from the Queen, or from her rep- 

 resentative, the governor-general. The jurisdiction thus exercised 

 cannot, therefore, be properly described in the language used by Mr. 



a Dominion acts, 31 Viet., cap 6 ; 33 Viet, cap. 16 ; now incorporated in Re- 

 vised Statutes of 1886 cap. 90. Nova Scotia acts, Revised Statutes, 3d series, 

 cap 94, 29 Viet. (1806), cap. 35. New Brunswick acts, 16 Viet. (1853), cap 69. 

 Prince Edward Island acts, 6 Viet. (1843), cap. 14. 



