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Samoan Government and the Municipal Council, and if the three Treaty Powers adopt this view they may effect a proper adjustment under the power reserved by Article VIII., section 1, of the Final Act.

3. It will be desirable that the Treaty Powers should, if possible, arrive at an agreement as to the manner in which payment of the duties leviable under the Final Act should be enforced, with a view to making the provisions agreed upon simultaneously effective as against their own subjects. In the meantime, we do not think that anything should be done making British subjects liable to penalties which cannot also be enforced against subjects of the other Treaty Powers.

Lincoln's Inn, September 26, 1892.

(Signed)

21700.

C. RUSSELL. JOHN RIGBY.

(Confidential.)

SIR,

List of Papers.

Final Act.

Law Officers

Colonial Office

Ditto

Ditto

'To Consul Cusack-Smith

Colonial Office -

Baron Senfft von Pilsach

To Colonial Office

(Iuclosing Customs Ordinance.)

• Colonial Office.

To Colonial Office

To Sir E. Malet

December

1, 1890.

Consul Cusack-Smith

(Enclosing Sir J. Thurston's letter of May 12, 1891.)

(No. 19) March

July

23,

Angust August

(No. 16) August

August June

July August

August 19,

16,

(No. 185) August

To Mr. Herbert

Sir E. Malet

Law Officers

·

To Count Hatzfeldt

(No. 191) August

(No. 197) September 3,

July August

PHOON 6562 88

19,

26,

28, 1891.

"

27

17,

19

16, 1892.

27,

ནངརྒྱུ ཀྱང རྣ རྣ ཐ

>

No. 19A.

(CANADA.)

›

DUBLIN CASTLE to FOREIGN OFFICE.

Dublin Castle, October 22, 1892. WITH reference to your letter of the 10th ultimo, in which you ask to be informed (1) whether "the Sea Fisheries Act, 1868," has ever been enforced against vessels of a foreign Power when fishing at a greater distance than three marine miles from the shore; and (2) whether the Law Officers of the Crown have expressed any opinion as to the right of Her Majesty's Government to such extra-territorial jurisdic- tion in the event of the question being raised by any foreign Power, I am directed by the Lord Lieutenant to state, for the information of the Secretary of State for Foreign Affairs, that, as regards Ireland (1) the answer to the first question is in the negative. It is, however, assumed that special reference was intended to the 67th section of the Act in question, which deals with the Irish oyster fisheries, and I am therefore to transmit to you herewith copy of an Order of Her Majesty in Council, dated the 29th April 1869, made under that section, and embodying a byelaw with reference to Irish oyster fisheries. It will be seen that the byelaw contains no reference to foreign fishing boats, and is, therefore, under the section in question, binding upon British fishing boats only.

2. With regard to the second question, I am to state that there is no record of any opinion having been given by the Law Officers of the Crown upon the question of the extra-territorial jurisdiction claimed under the 67th section, but I am to forward you the enclosed copies of opinions, dated the 24th April 1878, and the 13th November 1886, bearing upon the general question.

3. With reference to the final paragraph of your letter under reply, I am to state that instructions to Her Majesty's naval officers upon the subject of sea fisheries are issued by the Admiralty, and to suggest that application should be made to that Department.

I am,

&c.

(Signed)

WEST RIDGEWAY.

Order in Council, dated April 29, 1869.

At the Court at Osborne House, Isle of Wight, the 29th day-of April, 1869.

Present:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by "the Sea Fisheries Act, 1868," it is amongst other things enacted that the Irish Fishery Commissioners may from time to time lay before Her Majesty in Council byelaws for the purpose of restricting or regulating the dredging for oysters on any oyster beds or banks situated within the distance of 20 miles, measured from a straight line drawn from the eastern point of Lambay Island to Carnsore Point, on the coast of Ireland, outside of the exclusive fishery limits of the British Islands, and all such byelaws shall apply equally to all boats and persons on whom they may be binding, and that it shall be lawful for Her Majesty, by Order in Council, to do all or any of the following things, namely:-

(a.) To direct that such byelaws shall be observed.

(b.) To impose penalties not exceeding 201. for the breach of such byelaws.

0 70451.-93. 23.-11,92.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

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