CO885-(13-15) — Page 95

25,741.

MY LORD,

No. 134.

(NEWFOUNDLAND.)

LAW OFFICERS to COLONIAL OFFICE.

Ꮧ .

WE were honoured with your Lordship's commands signified in Mr Bramston's

Royal Courts of Justice, December 27, 1888. letter of the 21st ultimo, stating that he was directed by your Lordship to transmit, for our consideration, a copy of a letter from Sir J. Winter, the Attorney General of Newfoundland, requesting to be furnished with our opinion on certain questions as to the powers of the Colony to pass laws affecting British ships outside the territorial waters of the Colony.

That one of the questions raised by Sir J. Winter was somewhat similar to those raised in connexion with the West Australian Pearl Shell, Fishery Act, on which we reported on the 10th of August last.*

That your Lordship would be glad if we would take the questions raised by Sir J. Winter into consideration, and favour you with our opinion at our early convenience.

We have taken the matter into our consideration, and in obedience to your Lordship's commands, have the honour to—

Report

(1.) That we are of opinion that, unless specially authorised by Imperial legislation, it is not within the power of the Colonial Legislature to legislate generally for the regulation of fisheries outside the three mile limit, unless the waters in which the fisheries are situate are so enclosed by headlands as to be the waters of Newfoundland within the principles laid down by us in our report with reference to Western Australia dated the 18th March 1887.+

(2 and 3.) In our opinion the place of registration of the ships per se has no bearing upon the question.

The Colonial Legislature could make laws for the peace and good government of the Newfoundland fisheries, and, under that power, might control the crews of ships engaged in such fisheries, even though they might be registered elsewhere than in the Colony. Indirectly the Colony might thus obtain jurisdiction, in respect of acts done outside the territorial waters of Newfoundland, in the case of ships which had come within the provisions of the Colonial Statute as, for instance, by taking out a license (see report of the 10th August 1888 respecting the West Australian Pearl Fisheries); but, except to this extent, the general principle would not be modified by the matters referred to in the questions under consideration.

The Righ Hon. Lord Knutsford,

&c.

&c.

&c.

No. 127.

We have, &c., (Signed)

RICHARD E. WEBSTER. EDWARD CLARKE,

No. 87.

▲ 59950-41. 25.-1/89.

C.O.

Reference :-

· 885

13 PUBLIC RECORD OFFICE, LONDON

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

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