3819.
the
year 1834,
2
"and no longer." It does not appear to have been renewed by any subsequent Act; and, therefore, it is not now in force.
3. That the Crown has not now any statutory right to remove these "fixed settle-
ments.'
4. That the term "établissements sedentaires" does include all permanent habita- tions or settlements, and is not confined to mere fishing establishments.
5. The 13th Article of the Treaty of Paris, May 30, 1814, provided that the right of the French to fish upon the Great Bank of Newfoundland and upon the coasts, and upon the footing the adjacent island in the Gulf of St. Lawrence should be replaced upon of 1792, practically reviving the former Treaty of Versailles, which, to a certain extent, incorporated and recognised the Treaty of Utrecht.
The distance from the seashore to which the obligation of removing these esta- blishments extends, depends upon the construction of these treaties, and, on the whole, we think that, so far as the strict construction of the treaty is concerned, the French contention is right, namely (p. 9) that the English might be called upon to remove on any part of the beach; what should be con- all the "établissements sedentaires sidered as "beach" must depend much upon local circumstances. The term ought certainly to receive such an interpretation as would remove all such establishments to such a distance from high-water mark as would be beyond the space generally used or occupied by fishermen on the coast, and as would leave ample room for fishing establishments between them and the sea.
It seems to us that there is great force in the observations of Governor Musgrave as to the change which has taken place in the mode of conducting the fishery by the English fishermen, who are now all residents in Newfoundland, and do not, as at the time of the treaty, come from England for this purpose; while the French fishermen still come from France, and, upon other grounds, there would probably be much practical difficulty now in the literal execution of the conditions of the treaty, but we conceive that our duty is limited to answering the questions which have been put to us with reference to the treaties and statutes relating to this subject.
We have, &c.
The Right Hon. Edward Cardwell, M.P.,
&c.
&c.
&c.
(Signed) ROUNDELL PALMER.
R. P. COLLIER. R. J. PHILLIMORE,
SIB,
No. 404.
(WESTERN AUSTRALIA.)
LAW OFFICERS to COLONIAL-OFFICE.
Lincoln's Inn, April 5, 1866. We are honoured with your commands, signified to us by Sir Frederic Rogers' letter of the 27th ultimo, stating with reference to the Report furnished by us on the 21st October last in answer to certain inquiries which were submitted to us in con- nexion with the draft Bill which had been prepared by the Chief Justice of Western Australia for the more effectual prosecution of offenders in Her Majesty's Foreign Dominions, that he was directed by you, Sir, to inform us that the Bill had been extended in accordance with our suggestions, and had received certain amendments and additions which had suggested themselves in the course of communication with the India Office, and further stating that the Bill as thus amended, of which a copy was enclosed, had been approved by the Secretary of State for India in Council, and that he was to state that you would be glad if we would inform you whether, in our opinion, it could properly be submitted to Parliament in its present shape.
In obedience to your commands, we have considered the said Bill, and have the
honour to
Report
That there seems to be some error (probably clerical) in the 4th section of the copy of the proposed Bill submitted to us which requires correction before we can either understand what is intended by that section or judge of its propriety.
Subject to this exception, we think that the proposed Bill is proper.
The Right Hon. Edward Cardwell, M.P.
&c.
&o
&c.
We have, &c.
(Signed) ROUNDELL PALMER.
• No. 362.
B. P. COLLIER,
o 16278-461. 35.-5/86.
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