490 APPENDIX 



Question 4. Under the provision of the said Article that the American fishermen 

 shall be admitted to enter certain bays or harbours for shelter, repairs, wood, or water, 

 and for no other purpose whatever, but that they shall be under such restrictions as 

 may be necessary to prevent their taking, drying, or curing fish therein or in any other 

 manner whatever abusing the privileges thereby reserved to them, is it permissible 

 to impose restrictions making the exercise of such privileges conditional upon the pay- 

 ment of light or harbour or other dues, or entering or reporting at custom-houses or 

 any similar conditions ? 



Question 5. From where must be measured the "three marine miles of any of the 

 coasts, bays, creelis, or harbours" referred to in the said Article? 



Question 6. Have the inhabitants of the United States the liberty under the said 

 Article or otherwise to take fish in the bays, harbours, and creeks on that part of the 

 southern coast of Newfoundland which extends from Cape Ray to Rameau Islands, 

 or on the western and northern coasts of Newfoundland from Cape Ray to Quirpon 

 Islands, or on the Magdalen Islands ? 



Question 7. Are the inhabitants of the United States whose vessels resort to the 

 treaty coasts for the purpose of exercising the liberties referred to in Article I of the 

 treaty of 1818 entitled to have for those vessels, when duly authorized by the United 

 States in that behalf, the commercial privileges on the treaty coasts accorded by agree- 

 ment or otherwise to United States trading-vessels generally ? 



Art. II. Either Party may call the attention of the Tribunal to any legislative or 

 executive act of the other Party, specified within three months of the exchange of notes 

 enforcing this agreement, and which is claimed to be inconsistent with the true inter- 

 pretation of the Treaty of 1818; and may call upon the Tribunal to express in its 

 award its opinion upon such acts, and to point out in what respects, if any, they are 

 inconsistent with the principles laid down in the award in reply to the preceding 

 questions; and each Party agrees to conform to such opinion. 



Art. III. If any question arises in the arbitration regarding the reasonableness of 

 any regulation or otherwise which requires an examination of the practical effect 

 of any provisions in relation to the conditions surrounding the exercise of the liberty 

 of fishery enjoyed by the inhabitants of the United States, or which requires expert 

 information about the fisheries themselves, the Tribunal may, in that case, refer such 

 question to a Commission of three expert specialists in such matters; one to be desig- 

 nated by each of the Parties hereto, and the third, who shall not be a national of either 

 Party, to be designated by the Tribunal. This Commission shall examine into and 

 report their conclusions on any question or questions so referred to it by the Tribunal 

 and such report shall be considered by the Tribunal and shall, if incorporated by them 

 in the award, be accepted as a part thereof. 



Pending the report of the Commission upon the question or questions so referred 

 and without awaiting such report, the Tribunal may make a separate award upon 

 all or any other questions before it, and such separate award, if made, shall become 

 immediately effective, provided that the report aforesaid shall not be incorporated in 

 the award until it has been considered by the Tribunal. The expenses of such Com- 

 mission shall be borne in equal moieties by the Parties hereto. 



Art. IV. The Tribunal shall recommend for the consideration of the High Con- 

 tracting Parties rules and a method of procedure under which all questions which may 

 arise in the future regarding the exercise of the liberties above referred to may be 

 determined in accordance with the principles laid down in the award. If the High 

 Contracting Parties shall not adopt the rules and method of procedure so recom- 



