CO885-(11-13) — Page 9

5835.

No. 715. (NEWFOUNDLAND.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, June 8, 1871. We are honoured with your Lordship's commands, signified in Mr. Holland's letter of the 27th ultimo, stating that he was directed to transmit to us the enclosed copies of a correspondence with the Governor of Newfoundland in reference to the prosecution of the seal fishery from the ports of that Colony by vessels of foreign nations. That your Lordship requested that we would take these papers into our consideration, and furnish your Lordship with our opinion upon the following questions:

1. Whether seals are "fish" and persons conducting seal fishery within the meaning of the Treaty of 1818?

64

fishermen

J

2. Whether the proceedings of United States fishermen in the ports and harbours of Newfoundland which are objected to by the Legislative Council and Chamber of Commerce of that Colony are an infringement of the Treaty of 1818, or of the Imperial Act 59 Geo. 3. c. 38.

In obedience to your Lordship's commands we have the honour to

Report

That we are of opinion that seals are not fish and that persons capturing seals are not fishermen within the meaning of the Treaty of 1818. It follows that the provisions of that Treaty and of the statute 59 Geo. 3. cap. 38. have no application to such persons, conferring upon them no rights and affecting then with no liabilities It also follows that the Colony is entitled to assert its territorial rights against them to the same extent as it would have been entitled if no such Treaty had been made.

We have, &c.

(Signed)

&o.

The Right Hon. the Earl Kimberley,

&c.

&c.

R. P. COLLIER. J. D. COLERIDGE.

TRAVERS TWISS.

3

b 16278.—480.

25.-5/86.

2

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PUBLIC RECORD OFFICE

Reference :-

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11 PUBLIC RECORD OFFICE, LONDON

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