PUBLIC RECORD OFFICE
Reference :-
PLLC.O. 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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15348.
MY LORD,
No. 14.
(NEWFOUNDLAND.)
LAW OFFICERS to COLONIAL OFFICE.
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Royal Courts of Justice, July 29, 1892. WE were honoured with your Lordship's commands signified in Mr. Bramston's letter of the 15th ultimo, stating that he was directed by your Lordship to transmit for our consideration copies of correspondence with the Governor of Newfoundland respecting an Act which had been passed by the Legislature of that Colony entitled "An Act respecting Foreign Fishing Vessels," and to which the Governor had assented.
That the Act had been objected to on the ground that in its application to American fishing-vessels it was repugnant to the Imperial Statute of 59 Geo. III, cap. 38.
That that Act was suspended by Imperial legislation during the operation of the Treaties of 1854 and 1871, under which American fishing-vessels enjoyed the right of fishing within the territorial waters of the British North American Colonies.
That the Protocol attached to the Treaty of Washington of 1889, however, which granted to United States vessels the same privileges as were granted by the Act under consideration, was brought into force by the Newfoundland Act No. 23 of 1888, and the Canadian Act No. 30 of 1888, but without Imperial legislation, and that in the case of Canada the privileges in question had been continued to United States vessels by an Act passed annually since the expiry of the period of two years specified in the Protocol to the Convention.
That a copy of the Act passed in 1890 for that purpose was enclosed, which, it would be seen, was substantially the same as the Newfoundland Act under consideration.
That all those Acts had been left in operation by Her Majesty, and that your Lordship would be glad if we would take the papers into consideration and advise whether the Act recently passed by the Newfoundland Legislature, in so far as it related to American fishing-vessels, was inconsistent with the Act 59 Geo. III, cap. 38. That if the Act was not inconsistent with the Imperial Act mentioned, your Lordship thought it desirable to advise Her Majesty not to exercise her power of disallowance with regard to it.
We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report-
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That in our opinion the Newfoundland Act is not inconsistent with 59 Geo. III,
cap. 38.
We have, &c. (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
The Right Hon. Lord Knutsford, G.C.M.G.,
&c.
&c.
&c.
137-269
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