176 FISHERIES ARBITRATION AT THE HAGUE 



The President: Will you please to continue, Mr. Senator 

 RootPi 



Senator Root: Regarding the subject of which the Attorney- 

 General spoke just at the time of adjournment, my remarks' 

 were addressed solely to the question of the continuance of the 

 statute of 1824, and the question as to whether the expira- 

 tion of that statute in the year 1834 resulted in reviving the 

 statutes which it had repealed was one that I did not address 

 myself to, and it does not seem to be a matter of any particular 

 consequence upon the issues in this case, because those statutes 

 contained no regulation of fisheries in Newfoundland. The situ- 

 ation as it existed when the Act of 1824 was passed was that 

 there were no regulations in respect of the time and manner of 

 taking fish in Newfoundland. 



It may be an interesting question, although not material to this 

 controversy, as to whether the limitation of the statute applies to 

 therepealf the statute of 1824 is an Act to repeal several laws relating 

 to the fisheries' carried on upon the banks and shores of Newfound- 

 land, and to make provision for the better conduct of the said 

 fisheries for five years. That is the title. It recites: 



"Whereas it is expedient to repeal and amend divers statutes and laws' 

 relating to the fisheries," 



and so on. 



Now, whether the limitation of time would operate as a limita- 

 tion upon that apparently executed provision of the statute so as 

 to revive the others, may be an interesting question, but as I say, 

 not especially material to this controversy. 



It is evident that in Newfoundland they did not consider that 

 anything had been revived, for the letter of the Governor of New- 

 foundland to the Colonial Office, which appears on p. 250 of the 

 United States Counter-Case Appendix under date the 29th Septem- 

 ber, 185,5, says: 



"I have the honor to transmit herewith a copy of the Report from the 

 Law Officers of the Crown, which has been furnished in fulfilment of the instruc- 

 tions conveyed by your despatch of the 3d ulto., No. 6, and which I shall 



^Afternoon session, Monday, August 8, igio, 2.1S p.m. 



