2. Article V, Treaty of Paris, 10th February, 1763, in Vol. 1, page 239," Hertslet's Treaties."* 3. Articles IV and V, Treaty of Versailles, 3rd September, 1783, and the Declarations of the respective Sovereigus of Great Britain and France attached thereto.t 4. Article XIII of the Definitive Treaty of Peace between Great Britain and France, 30th May, 1814, in Vol. 1, page 241, "Hertslet's Treaties."+ 5. The modus vivendi agreed to between the British and French Governments for the fishing season of 1890,§ and renewed for the fishing season of 1891.|| 6. Laws and Regulations relating to fisheries, cap. 102, " Consolidated Statutes of Newfoundland, 1872, and certain later Colonial Acts which can be obtained from the Colonial Government. 7. The Act passed in 1891 by the Colonial Legislature to secure till the end of 1893 performance of the above Treaties, and of the modus vivendi. II. When proceeding to St. John's, the senior officer is, unless otherwise ordered, to detach the officer next in seniority to himself, to communicate with the senior officer of the French ships of war employed on the fishery, for the purpose of assuring him that it is the Commander-in-chief's anxious desire to prevent all encroachments on admitted rights, and all collisions between the fishermen of the two nations. 2. The mission of the naval officers, so far as regards the French, is to be confined to ascertaining facts and maintaining good order. They are not to decide any questions which have arisen or may arise between the French officers and themselves respecting the interpretation of the Treaties; and it is desirable that in their intercourse with the French their duties should be carried out in as conciliatory and moderate a manner as possible. 3. In their dealings with British fishermen, as well as with those of other nations, they are to exercise a spirit of forbearance and moderation; bearing in mind that while they are to protect British subjects in the prosecution of their lawful trade, it is equally their duty to prevent those subjects encroaching on the just rights of others. 4. On that portion of the coast of Newfoundland where the French enjoy rights of fishing, secured to them by the Treaty of Utrecht, 1713, and Definitive Treaty and Declarations of 1783, * Vol. I, page 422. + Vol. I, page 424. Vol. I, page 162. | Page 415. "Hertslet's Treaties." Vol. 14, page 1229. notwithstanding whatever doubts or whatever questions may from time to time have arisen as to the exact interpretation to be placed upon those rights; the naval officers will take especial care that the admitted rights of the French shall be maintained, and that British fishermen shall be prevented from interfering in any manner with the free enjoyment by the French fishermen of their rights of fishery. And to this end in case any British subjects shall fail to comply with the orders of the Commander of one of Her Majesty's ships, given with a view to preventing such interference, such Commander may compel any British subjects so refusing to depart from within the limits aforesaid or from any place within those limits, together with any ship, vessel, or boat belonging to or used by such British subjects, and may take possession of any nets or other gear belonging to or used by such British subjects, and may retain the same for such period as may appear to him to be necessary to insure compliance with his orders. The said portion of the coast extends from Cape St. John passing to the north and descending by the west coast to Cape Raye, and may for purposes of brevity be described in correspondence as the "Treaty Shore" or "Treaty Coast." 5. The French have no right to fish in or to bar any of the rivers of Newfoundland; but in the event of any Frenchmen being found so engaged, the naval officers are to limit themselves to warning them that their proceedings are illegal, and protesting to the French Naval Commander against the continuance of such practices; at the same time reporting forthwith the circumstances which rendered it necessary for them to take action in the matter. III. Should the Governor request it, the senior officer may, subject to the approval of the Admiralty, accept commissions of the peace for himself, the officers in command of the ships under his orders, as also for the Senior Lieutenants of the respective ships. IV. Special care should be taken that any complaint addressed to the Commander of one of Her Majesty's ships, on the part of the officers in command of French cruisers, should be immediately investigated, and the necessary action taken. It is also desirable that two of Her Majesty's ships should cruise more especially between Canada Bay on the east and Ingornachoix Bay on the west, to insure the prompt arrival of British authorities at any given spot where their presence may be required. V. The French have no right to take bait, except on those parts of the coast where they enjoy rights of fishing, and they should be warned off, when attempting to do so, on any other part of the coast. VI.-1. All foreigners who exercise the right of fishing in British waters in common with Her Majesty's subjects are bound, in common with them, to obey the law of the country, including such Colonial laws as have been passed to insure the peaceable and profitable enjoyment of the fisheries by all persons entitled thereto. 2. Except in so far as is provided for in these instructions the enforcement of the Colonial laws must be left, as far as the exercise of rights on shore is concerned, to the Colonial authorities, by whom Her Majesty's Government desire they shall be enforced with great forbearance. The Colonial laws relating to fisheries are to be found in the Consolidated Statutes of Newfoundland, or in the later Acts referred to above. 3. The naval officers are to be very careful to abstain from dealing with cases which involve questions of Treaty rights to a greater extent than may be necessary to maintain order and prevent a breach of the peace, referring such cases at once to the Colonial Government, and to Her Majesty's Government, using their discretion as to sending a duplicate of their official Report direct to the Secretary of the Admiralty in the event of the senior officer not being immediately accessible. VII. -The naval officers are to give effect to the modus vivendi agreed to by the British and French Governments for the season of 1891, and the Commanders of Her Majesty's ships may give such orders and take such measures as they think necessary for that purpose, acting with patience and discretion in dealing with the questions which may arise between British and French subjects. And especially any of the said Commanders may compel any British subject to close any lobster factory which in his opinion is being worked contrary to the modus vivendi, and in case of refusal to comply with his orders may compel any British subject so refusing to depart from within the limits aforesaid or from any place therein together with any ship, vessel, or boat belonging to or used by such British subjects. VIII. Any interference with British subjects and property by foreign naval officers is illegal; and if, in any case, there should be any such interference, a remonstrance should be addressed to the officer exercising it, and the circumstance be immediately reported to the Commander-in-chief in the fullest manner for the information of Her Majesty's Government. APPENDIX. "Newfoundland French Treaties Act, 1891." [See page 154.] BRITISH ORDER IN COUNCIL, prohibiting the Catching of Seals by British Ships in Behring Sea until the 1st May, 1892.-Windsor, June 23, 1891.* At the Court at Windsor, the 23rd day of June, 1891. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. Lord President. Marquess of Salisbury. Earl of Limerick. Lord Arthur Hill. WHEREAS by "The Seal Fishery (Behring Sea) Act, 1891,"+ it is enacted that Her Majesty the Queen may by Order in Council prohibit the catching of seals by British ships in Behring Sea, or such part thereof as is defined by the said Order, during the period limited by the Order: And whereas the expression "Behring Sea" in the said Act means the seas known as Behring Sea within the limits described in an Order under the said Act: Now therefore Her Majesty, in virtue of the powers vested in her by the said recited Act, by and with the advice of her Privy Council, is hereby pleased to order, and it is hereby ordered, as follows: 1. This Order may be cited as "The Seal Fishery (Behring. Sea) Order in Council, 1891." 2. From and after the 24th day of June, 1891, until the 1st day of May, 1892, the catching of seals by British ships in Behring Sea as bereinafter defined is hereby prohibited. 3. For the purposes of the said recited Act and of this Order the expression "Behring Sea" meaus so much of that part of the Pacific Ocean known as Behring Sea as lies between the parallel of 65° 30′ north latitude and the chain of the Aleutian Islands, and eastward of the following line of demarcation, that is to say, a line commencing at a point in Behring Straits on the said parallel of 65° 30′ north latitude, at its intersection by the meridian which passes midway between the Islands of Krusenstern or Ignalock and the Island of Ratmanoff or Noonarbook; and proceeding thence in a course nearly south-west through Behring Straits and the seas known as Behring Sea, so as to pass midway between the northwest point of the Island of St. Lawrence and the south-east point of * Supplement to "London Gazette" of June 23, 1891, published June 24, 1891. + Page 123. Cape Choukotski to the meridian of 172° west longitude; thence from the intersection of that meridian in a south-westerly direction, so as to pass midway between the Island of Attou and the Copper Island of the Kormandorski couplet or group in the North Pacific Ocean, to the meridian of 193° west longitude. C. L. PEEL. BRITISH ORDER IN COUNCIL, making Regulations in regard to Marriages of British Subjects abroad.--Windsor, November 24, 1891.* At the Court at Windsor, the 24th day of November, 1891. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. Lord President. Earl of Limerick. Lord Walter Gordon-Lennox. Sir James Fergusson, Bart. Mr. A. J. Balfour. Sir Charles Pearson. WHEREAS by "The Marriage Act, 1890,"† and "The Foreign Marriage Act, 1891, the Consular Marriage Acts are amended, and as amended are made applicable to marriages in the houses of British Ambassadors or Ministers residing within the country to the Government of which they are accredited, or before Governors, High Commissioners, Residents, Commauders of ships, or Consular or other officers authorized in that behalf without or within Her Majesty's dominions, and by the same Acts Her Majesty the Queen is authorized by Order in Council to make Regulations for the purposes therein specified : And whereas by "The Consular Salaries and Fees Act, 1891,"§ Her Majesty the Queen is authorized by Order in Council to fix the fees to be taken in respect of any matter or thing done by a Consular officer in the execution of his office: Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred by the said Acts or otherwise enabling her in this behalf, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered as follows: 1. "The Foreign Marriages Order in Council, 1890," is hereby "London Gazette," January 5, 1892. Repealed by Order in Council of October 28, 1892. |
