l6o FISHERIES ARBITRATION AT THE HAGUE 



wrote to the British Colonial Secretary a letter which appears at 

 p. 204 of the British Case Appendix. Lieutenant-Governor Sutton 

 says that the time is approaching when the United States fishermen 

 will come into the waters of New Brunswick to take fish, and he 

 thinks it is desirable that they should be made acquainted with 

 the laws and regulations which existed at the time the treaty was 

 made; and he tells in general what they are. He says, after referring 

 to such and such provisions of the Revised Statutes of New Bruns- 

 wick, that by a certain provision of the Revised Statutes the Justices 

 in Sessions of each county in the Province "are invested with the 

 power to make regulations," etc. And then he says: 



"I am not as yet in a position to furnish your Lordship with the par- 

 ticulars of all these Regulations, but I hope to be able by- the next mail to 

 send to your Lordship a complete set of all the Laws, By-Laws and Regu- 

 lations, respecting the fisheries of this Province. 



"It is impossible to expect that either the fishermen or even the govern- 

 ment of the United States should be aware of the nature of the local Regula- 

 tions on this subject, even if they are cognizant of the provisions of Provincial 

 Statutes." 



Then he submits whether it is not desirable . that he should 

 receive instructions to forward to Her Majesty's Minister in 

 Washington copies of the laws and regulations. That is approved 

 by the Colonial Office, in a letter which appears at the top of the 

 next page from Lord John Russell to the Lieutenant-Governor of 

 New Brimswick; and Lord John Russell transmits, in that letter 

 to the Lieutenant-Governor, five copies of the laws and regulations 

 in force in the British North American provinces with reference 

 to the fisheries. Then Mr. Manners Sutton, when he gets these 

 five copies,' writes to "the British Minister at Washington a letter, 

 dated the i6th June, 1855, on the same page, 205, of the British 

 Case Appendix, and in that he says: 



"The statutory regulations are contained in one Act: ch: lor — title 22: 

 of the Revised Statutes of New Brunswick. 



"The local regulations, are of two different kinds — istly those, which, 

 under the provisions of the 6th seen of the Act: referred to, have been made 

 by the Governor in Council; & zly those which the Justices in Session of the 

 respective counties are empowered, by the Provincial Act^ch: 64 title 8: 

 of the Revised Statutes to make for the govt of fisheries within the rivers 

 of the several counties. 



