QUESTION ONE. 39 



4. Taking herring between the 20th April and the 20th October 

 for exportation within one mile of any settlement on a certain part 

 of the coast. 



1872. The Newfoundland revised statute, c. 102 (British Case, 

 App., p. 704), amended and re-enacted the statute of 1862. 



1876. The Newfoundland statute 39 Viet., c. 6 (British Case, 

 App. p. TOT), amended the revised statute in respect of the dates of 

 the close season, and further prohibited 



1. Catching of squids by means of any seine, bunt, or other such 

 contrivance. 



2. Taking of herring, caplin, or squids with nets between 12 

 o'clock on Saturday night and 12 o'clock on Sunday night. 



1877. By the Newfoundland statute 40 Viet, c. 13 (British Case, 

 App., p. TOT), the Sunday prohibition was declared to apply to the 

 jigging of squids and the taking of fish for bait. 



The Newfoundland statute of 1884, 4T Viet., c. 8 (British Case, 

 App., p. T09), prescribed regulations with regard to the herring and 

 cod fisheries. 



The Newfoundland statute of 1889, 52 Viet., c. T (British Case, 

 App., p. TIT), constituted a Fisheries Commission with power to 

 make rules and regulations. Section 16 was in the following terms : 



" The Commission shall have power to make and prescribe rules and 

 regulations in relation to the prosecution of the several fisheries of the 

 Colony; to the fixing of close seasons; to the methods, appliances, and 

 contrivances to be used and adopted in and for the taking of fish and 

 the times, seasons, and manner for and in which the same or any of 

 them may be used or adopted, which rules or regulations may apply 

 to such districts or places and for such periods and under such limi- 

 tations as may therein be stated or defined, and to fix and impose 

 penalties for the violation or non-performance of such rules and regu- 

 lations and the mode of prosecution therefor, and from time to time 

 to alter and repeal the same." 



Rules and regulations made under this section in 1890 are set out 



in the Appendix to the British Case, pp. T18-T20. 

 45 1892. The Consolidated Statutes of Newfoundland (second 



series), c. 124 (British Case, App., p. T25), contained elaborate 

 provisions as to the manner in which the coast fisheries were to be 

 prosecuted. They will be found on pp. T25-T2T of the Appendix to 

 the British Case. 



1898. The Newfoundland statute 61 Viet, c. 3 (British Case, App., 

 p. T31), established the Department of Marine and Fisheries. Sec- 

 tion 9 is in the following terms : 



" The Governor in Council may, from time to time, make regula- 

 tions for the better management and regulation of the sea, coast, and 

 inland fisheries, to prevent or remedy the obstruction and pollution 

 of streams, to regulate and prevent fishing, to prohibit the destruction 



