CO885-(10-11) — Page 518

3200.

PUBLIC RECORD OFFICE

།། །

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

1

SI,

No. 403.

(NEWFOUNDLAND.)

LAW OFFICERS to COLONIAL OFFICE.

Acts of Parliament.

28 Geo. III. c. 85.

Lincoln's Inn, April 2, 1866.

We are honoured with your commands, signified in Sir Frederio Rogers' letter of the 15th February last, stating that he was instructed by you, Sir, to request us to take to our consideration the series of Acts of Parliament and treaties with France named in the margin relating to the Newfound- land Fisheries, and that he was directed to request us to furnish you, Sir, with our joint opinion upon the following questions:-

5 Geo. IV. e. ók. s. 12. 2 & 3 Wil. IV. c. 79.

Treaties.

Treaty of Peace of Utrecht, March 31, April 10, 1713 (Ars, 13). Do, Varmilles, September 3, 1783 (Arts. 4, 5, 6), and declara-

tion.

Do. Amiens, March 27, 1802 (Art. 15).

Do. Paris, May 30, 1814 (Arts. 8, 18, 14).

Do. Paris, Novembar 20, 1815 (Art. 11).

1. Whether the Act of 1788 (28 Geò. III: o. 35.) is still in force or is to be considered as Having been repealed by the subsequent breaking out of the war with France.

2. Whether the Act 5 Geo. IV. o: 51., which, in section 12, contains similar provisions to those of the Act of 1788 has expired (which appeared to be the case).

3. Whether a statutory power now exists in the Crown, under the above or any other Act, to remove" fixed settlements," as required by the declaration attached to the treaty of Versailles in 1789 on the part of Newfound- land assigned to the French for their fishery by that treaty, and, if so, what such

power amounts to ?

4. Is the term "établissements sedentaires" in the declaration attached to the treaty of Versailles to be confined to fishery establishments, or does it extend to all permanent habitations or establishments?

5. To what distance from the seashore may this obligation be considered to extend? Sir Frederic Rogers was also pleased to state that, with a view to assist us in considering the subject, he was directed to annex a collection of Colonial Office papers, confidentially printed some years since for the use of the Colonial Office, and to refer us particularly to paragraphs 69, 80, and 81 of Mr. Strachey's memorandum in that collection, and to request that we would return such collection when done with.

Sir Frederic Rogers also was pleased to enclose a copy of a Despatch from the No. 76, Governor of Newfoundland, containing an application for the appointment of a magis- 24 November

trate on the French shore, and to state that the case, as regarded fixod establishments, 1885.

was largely discussed in Mr. Strachey's Minute No. 8, and more shortly in the following Paper No. 9.

In obedience to your commands, we have takon these papers into our consideration, and have the honour to

Report

That we are of opinion that the questions submitted to us must be answered as follows:-

1. That the 28 Geo. 3. c. 35. (A.D. 1788) is not now in force.

The object of it was solely "to fulfil the purposes of the definitive treaty and declaration" of Versailles.

That treaty had been abrogated by the subsequent war of France and England, though, as will presently be seen, it was revived in 1814.

The 28 Geo. 3. e. 36. is not referred to as existing in the Act of 5 Geo. IV. c, 51. (1824).

That Act recites and repeals certain other Acts, and confers on the Crown the requisite orders for enforcing the provisions" of any treaty or treaties now in force," and re-enacts, for that purpose, the provisions of 28 Geo. III. c. 35., though it does not

mention that statute.

2. That the statute, 5 Geo. IV. c. 51., was continued by 2 & 3 Will. IV. c. 79, till

o 16978.-169. 35.-5/66.