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No. 107.
(NEWFOUNDLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, November 10, 1887. We were honoured with Mr. Meade's letter of the 12th August last, stating that he was directed by you to inform us that a question had arisen in Newfoundland as to the use by certain British subjects, in the sea, within three miles of the coast, of certain fishing engines called "cod traps," which might be taken to monopolise the fishing-ground where they were placed, and thus seriously interfere with the fishing operations of other persons both French and British.
That we were aware that the French had certain rights of fishing off the coast of Newfoundland, under treaties which were set out in the first three pages of the accompanying Blue Book, C.-4641, and that the French Government had made formal complaint of the use of those engines, which, it was admitted, were not the method of carrying on the fishing at the date of the Declaration of 1783.
"
That certain British subjects had also established factories on the shores of New- foundland, within the limits of the French fishery, for the purpose of preserving lobsters; and that the French Government demanded that those factories should be suppressed as being an infraction of the treaties above referred to, and called upon Her Majesty's Government to cause them to be removed as being
That the Newfoundland Government had not taken, and, it was apprehended, might
"fixed settlements. not be prepared to take, legislative or executive action, either for the removal of the lobster factories or for the prohibition of the use of cod traps on the coast in question, and that Mr. Meade was to request that you might be informed whether, in our opinion, assuming for present purposes that (a) cod traps, (b) lobster factories, were contrary to treaties with France, Her Majesty's Government had the consti- tional right to act within Newfoundland, which was a self-governing Colony, for carrying out such treaties, and might legally take measures for (1) the forcible removal of cod traps and their confiscation. (2) the compulsory closing of the lobster factories; and further, whether the Colonial Government might lawfully, without expresa legislative power, which did not exist, take measures for the forcible removal of cod traps within Colonial waters, and their confiscation, or for the com- pulsory closing of the lobster factories.
That Mr. Meade was to add that you would feel obliged for any advice that we might be able to give you generally upon the subject.
We were also honoured with a letter from Mr. Bramston, dated 25th ultimo, stating that, in reply to a letter from this Department, he was directed by you to transmit to us copies of the Letters Patent and Royal Instructions of 28th March 1876, which constituted the present form of Government in Newfoundland.
In compliance with the request contained in Mr. Meade's letter, we have the honour to
Report
That neither Her Majesty's Government nor the Colonial Government has the constitutional right of taking the measures required for carrying out the treaties with France, unless empowered by Imperial or Colonial legislation. Such power was given to the Crown by the 28 George III., chapter 35, but this statute was repealed by tho Statute Law Revision Act, 1871, probably because the Act was regarded as expiring with the treaty (see Hertslet, Vol. IX., page 252).
+
In the event of it being necessary to interfere with the cod traps or lobster factories, in order to give effect to the Convention of 1885, it is, in our opinion, expedient that recourse should be had to legislation.
An attempt should be made to obtain a Colonial Act, but should the Colonial Legislature decline to pass such a statute, a Bill, to restore to the Crown the necessary powers, should be submitted to the Imperial Parliament.
We have, &c.
Sir Henry Holland, Bart., M.P.,
&c.
&c.
&c.
The Right Hon.
E 65453.-3.
25.-8,91.
(Signed)
RICHARD E. WEBSTER. EDWARD CLARKE.
46.