6977.
PUBLIC RECORD OFFICE
Reference :-
། ༴། ། ། ། །།T C.O.88 885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to
Report
That, in our opinion, the Company can, under the terms of their existing Charter, exercise within the territories mentioned any rights or jurisdictions acquired as prescribed by clause 3 of the Charter, subject to the condition as to approval of agreements, concessions, &c., by the Secretary of State, as provided by clause 4; and that no supplemental Charter is necessary.
The Marquis of Salisbury.
*
We have, &c.
(Signed)*
RICHARD E. WEBSTER. EDWARD CLARKE.
No. 207.
(NEWFOUNDLAND.)
LAW OFFICERS to COLONIAL OFFICE. MY LORD,
Royal Courts of Justice, April 6, 1891. We were honoured with your Lordship's commands signified in Mr. Bramaton's letter of the 24th ultimo, stating that, with reference to our Report of the 15th March,* he was directed by your Lordship to again transmit to us, for our consideration, the draft Newfoundland Fisheries Bill, together with a copy of the modus vivendi, which bad been renewed for the approaching season.
44
That the powers conferred on Her Majesty by section XII. of the revived Act were to give such orders and instructions to the Governor of Newfoundland, or to any officer or officers on that station, as Her Majesty shall deem fulfil the purposes of any treaty or treaties now in force
proper and necessary to "be necessary to that end, to give orders and instructions to the Governor, or other and, in case it shall officer or officers aforesaid, to remove, or cause to be removed, any stages, flakes, train fats, or other works whatever, for the purpose of carrying on the fishery," &c., &c.; and that a question had been raised whether the powers so conferred were sufficient to enable the Naval Officers to close or remove lobster factories which, according to the position assumed by Her Majesty's Government, were not works “for "the purpose of carrying on the fishery" within the meaning of the Treaties or of the Act of 1824. That upon that point Mr. Bramston was to refer us to our Report of the 6th of August 1888.
That it was contended, however, that the first part of section XII. of the Act of 1824, which rendered it lawful for " His Majesty his heirs and successors
"
to
give such orders as he or they shall deem proper and necessary to fulfil the purposes of any treaty, &c." taken in conjunction with subsection (1) of clause
of the Bill,
would enable Her Majesty, by Order in Council, to give instructions for dealing with lobster factories in the manner required by the modus vivendi.
That your Lordship would be glad to be furnished with our opinion on that question, and as to what amendment, if any, was required in the Bill to enable the Naval Officers to act if necessary in the manner above stated.
That Mr. Bramston was to enclose a copy of a memorandum by the Parliamentary Counsel respecting the third clause of the Bill. That your Lordship was disposed to think it might be desirable to retain the clause, but that you would be glad to receive our opinion as to whether it was necessary or advisable to do so.
We have taken the matter into our consideration, and, in obedience to your Lord- ship's commands, have the honour to
Report
That, in our opinion, the first part of section XII. of the Act of 1824, taken in con- junction with clause 1 (1) of the Bill, will enable Her Majesty, by Order in Council, to give instructions for dealing with lobster factories in the manner required by the modus vivendi.
We doubt very much whether the third clause of the Bill is necessary or expedient, and we think that, upon the whole, it is better to omit that clause.
We have, &c.
(Signed)
RICHARD E. WEBSTER.
EDWARD CLARKE.
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COPYRIGHT PHOTOGRAPH-NOT TO
ALLY WITUOLIT BED MICCION OF THE
BE REPRODUCED PHOTOGRAPHIC-
The Right Hon. Lord Knutsford.
• No.
E 63459.-10. 25.-4.91.
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PUBLIC RECORD OFFICE
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