I50 FISHERIES ARBITRATION AT THE HAGUE 



fry of Poor- John, the casting or laying of "any seine or other net 

 in or near any harbor in Newfoundland, whereby to take the spawn 

 or young fry of the Poor- John, or for any other use or uses, except 

 for the taking of bait only" ? In that case it would be so complete 

 a prohibition of fishing that it would be repealed by this Order-in- 

 Council. I am quite indifferent which construction is adopted. 



But when we come to the Act of 1699 we find that if the Order- 

 in-Council did not supersede this old Poor- John provision, the 

 first article of the Act of 1699, I am quite clear, would have super- 

 seded it: 



"That from henceforth it shall and may be law'ful for all His Majesty's 

 subjects residing within this realm of England, or the dominions thereunto 

 belonging, trading or that shall trade to Newfoundland, and the seas, rivers, 

 lakes, creeks, harbors in or about Newfoundland, or any of the islands adjoin- 

 ing or adjacent thereunto, to have, use, and enjoy the free trade and traffic, 

 and art of merchandise and fishery, to and from Newfoundland, and peaceably 

 to have, use, and enjoy the freedom of taking bait and fishing in any of the 

 rivers, lakes, creeks, harbors, or roads in or about Newfoundland." 



It covers the entire ground and plainly supersedes the provision 

 of the statute of 1663, if it had not been already superseded.. That 

 is all I can find here which seems to have any characteristic as 

 limiting or restricting the exercise of the Hberty of fishing down to 

 1783. After 1783 there was the Act of 1786 which, as you wiU 

 remember, was a Bounty Act, providing for the payment of bounty 

 to vessels that went to the grand banks for the purpose of the cod- 

 fishery, and it provided in detail for the vessels taking cod going to 

 the south coast of Newfoundland to dry and cure them. It is quite 

 specific in its provisions, and in it there is a provision against fisher- 

 men "engaged in the said fishery," that is, the bounty-fed fishery on 

 the grand banks, taking fish on the coast of Newfoundland, and 

 Hmited strictly to them, that is all. There were provisions in these 

 statutes which prohibited the throwing of ballast over into the 

 harbors; which prohibited the throwing of gurry, or the offal of 

 fish, overboard; which prohibited the casting or dropping of 

 anchors, not fishing limitations, in so far as anchors and ballast are 

 concerned, but harbor protection regulations as to all ships of all 

 kinds everywhere, coming for whatever purpose, and provision 

 against net interference and theft of nets invariably associated in 



