THE NEWFOUNDLAND FISHERY QUESTION. 223 



page 8, Article XIII. of that Treaty, conferred on France the right 

 to fish, and dry the fish on land from Cape Bonavista to Cape Riche, 

 and this right by Article V. of the Treaty of Versailles of 1783, was 

 renewed, from Cape St. John to Cape Ray. 



The legislation by the Imperial Parliament, five years subsequently 

 in 1788, and which was especially emphasized by Sir William White- 

 way, is of great importance, because it not only was the first Act 

 passed by the Imperial Government to define more clearly the Treaty 

 obligations of England of 1713, 1763, and 1783, (when their in- 

 terpretations were more clearly understood than at the present time), 

 but it also proves unmistakably, that the rights conferred on France 

 by these Treaties, and subsequently confirmed by the successive 

 Treaties of 1792, 1802, and 1814-1815, were absolute and exclusive, 

 and that the concurrent rights of British subjects were not recognised, 

 but, on the contrary excluded, as is clearly set forth in the' Act of 

 1788, which was as follows : — 



Section /. 

 ' ' It shall and may be lawful for His Majesty, his heirs and successors, by advice of 

 Council, from time to time, to give such orders and instructions to the Governor of 

 Newfoundland, or to any officer or officers on that station, as he or they shall deem 

 proper or necessary to fulfil the purposes of the definitive Treaty and declaration afore- 

 said ; and, if it shall be necessary to that end, to give orders and instructions to the 

 Governor, or other officer or officers aforesaid, to remove or cause to be removed any 

 stages, fiakes, train vats, or other works whatever, for the purpose of carrying on 

 fishery, erected by His Majesty's subjects on that part of the coast of Newfoundland 

 which lies between Cape St. John passing to the north, and descending by the western 

 coast of the said island to the place called Cape Raye, and also all ships, vessels, and 

 boats belonging to His Majesty's subjects which shall be found within the limits 

 aforesaid ; and also, in case of refusal to depart from within the limits aforesaid, to 

 compel any of His Majesty's subjects to depart from thence, any law, custom, or 

 usage to the contrary notwithstanding. 



Section II. 

 ' ' And be it further enacted by the authority aforesaid, that if any person or persons 

 shall refuse, upon requisition made by the Governor, or any officer or officers acting 

 under him, in pursuance of His Majesty's orders or instructions as aforesaid, to depart 

 from within the limits aforesaid, or otherwise to conform to such requisition and 

 directions as such Governor or other officer as aforesaid shall make or give for the 

 purposes aforesaid, every such person or persons so refusing, or otherwise offending 

 against the same, shall forfeit the sum of ;^2oo, to be recovered in the Court of Session 

 or Court of Vice-Admiralty in the said island of Newfoundland, or by bill, plaint, or 

 information 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 perspns as shall sue or prosecute for the same ; provided always that 

 every such suit or prosecution, if the same is commenced in Newfoundland, shall be 

 commenced within three months, and if commenced in anv of His Majesty's Courts of 

 Record at Westminster, within 12 months, from the time of the commission of such 

 offence. " 



