ARGUMENT OF MR. ROOT 155 



W. V. Whiteway made an explanation in the House of Lords on 

 the 23rd April, 189 1, upon this subject. The Tribunal will find 

 that in the last paragraph on p. 329 Sir William Whiteway refers 

 to this Act of 1824, and says that in 1824 an Act entitled "An Act 

 to repeal several laws," etc., contained two sections, 12 and 13, 

 ahnost Uterally the same as those above quoted; that is, the sections 

 which I have referred to as being in Article 12 of the Act of 1824. 

 Then he goes on, in the first paragraph on p. 330, to tell what 

 happened to this Act. and says: 



"An Act was passed in 1829 to continue the Act 5 George IV, chap. 51, 

 last referred to, until the 31st of December, 1832." 



That is, this 1824 Act was a five-year Act; when it was about 

 to expire. Parliament passed another Act to extend it until the 31st 

 December, 1832; and in 1832 the Act of 5 George IV, chapter 51, 

 was further extended until 1834, and no longer. 



"In 1832 a legislature was granted to Newfoundland." 



A great year, 1832, for England — Legislature to Newfound- 

 land; Reform Bill; new ideas were germinating and bringing forth 

 fruit there. 



I continue reading: 



"Its first assembling taking place in 1833; and Parliament did not in 

 1834 further continue in force the law enacted in 1824, leaving to the Legis- 

 lature of the Colony the task of passing laws and enforcing regulations to 

 carry out the treaties and declarations.'' 



So there we have the end of British legislation regarding New- 

 foundland. And until 1862 there was no Act passed by the Legisla- 

 ture of Newfoundland which in any way whatever could be deemed 

 to touch this subject, except that in 1838 they passed a law pro- 

 hibiting ballast being thrown overboard in the harbor. So that 

 during all that period Newfoundland and Labrador were free from 

 regulation or suspicion of regulation. 



Now, as to Nova Scotia: In 1770 it appears by this Memoran- 

 dum and by the Appendix to the British Case that there was a law 

 passed prohibiting the throwing of gurry overboard for 3 leagues 

 from the coast of Nova Scotia — a poUce regulation, and of course 

 not apphcable to anybody but the citizens of Nova Scotia, by the 



