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rates and duties shall be paid to the persons authorized to receive the same.

7. All tonnage dues upon foreign vessels shall be assimilated to and in conformity with the tonnage dues of British vessels; and such foreign vessels shall be measured according to rules specified in an Act of the Imperial Parliament, passed in the fifty-seventh and fiftyeighth years of the reign of Her present Majesty, known as the "Merchant Shipping Act, 1894."

8. When there is an increase of tonnage dues arising from such measurement, the expense of the measuring surveyor shall be borne by the Government of the colony, but when otherwise, by the owner or master of such vessel.

9. Any officer duly authorized by law to collect rates or dues under this Act may go on board any vessel, being within three miles of any part of the coasts of this colony, and stay on board while she remains. in port or within such distance, and may, in addition to the powers and procedure prescribed in section 5 of this Act, bring into port and detain such vessel until payment or satisfaction of all light dues by law recoverable.

10. No building or erection shall be built or placed in such position as to obstruct or interfere in any manner whatever with the light exhibited in any lighthouse or beacon, or with the leading lights exhibited as guides to vessels entering the harbour of St. John's.

11. Any person acting in contravention of the provisions of the preceding section shall be liable to a penalty not exceeding forty dollars, to be recovered in a summary manner by the order and adjudication of a Justice of the Peace; and such penalty, with costs, may be levied by distress and sale of the goods and chattels of the offender by warrant under the hand of such justice, or the said offender may be committed to prison for a period not exceeding three months.

12. Any building or erection, contrary to the provisions of this Act, may be immediately removed by the Minister of Marine and Fisheries, and he may recover the cost of such removal, with costs. of suit, in a summary suit for the same before any justice of the peace from any person so building or erecting such building or erection.

13. For the purpose of ascertaining the damage which may be occasioned to any person whose interests in any lands, houses, buildings, or other property, may be affected by carrying out or enforcing the provisions of this Act and providing compensation therefor, the same proceedings and remedies shall be had as are prescribed by section 163 of "The St. John's Municipal Act, 1892," so far as the same shall be applicable; and any compensation which may be awarded to such persons shall be paid out of the consolidated revenue of the colony.

14. It shall be held that any rates or dues levied and collected upon merchant ship or shipping as and for rates and dues under chapter 9 of the Consolidated Statutes of Newfoundland (second series), have been legally collected, and no action shall be brought or maintained in respect of any such rates or dues; despite any doubt which may exist as to the legality of such levy or collection.

15. Chapter 9 of the Consolidated Statutes of Newfoundland (second series) entitled "Of Light Dues and Lighthouses," is hereby repealed.

AN ACT RESPECTING FOREIGN FISHING VESSELS, PASSED JUNE 15, 1905. [Acts of the General Assembly of Newfoundland: Passed in the 5th year of the Reign of His Majesty King Edward VII, Chapter IV, page 16.]

Be it enacted by the Governor, the Legislative Council and House of Assembly, in Legislative Session convened, as follows:

1. Any Justice of the Peace, Sub-collector, Preventive Officer, Fishery Warden or Constable, may go on board any foreign fishing vessel being within any port on the coasts of this Island, or hovering in British waters within three marine miles of any of the coasts, bays, creeks or harbours in this Island, and may bring such foreign fishing vessel into port, may search her cargo and may examine the master upon oath touching the cargo and voyage; and the master or person in command shall answer truly such questions as shall be put to him under a penalty not exceeding five hundred dollars. And if such foreign fishing vessel has on board any herring, caplin, squid, or other bait fishes, ice, lines, seines, or other outfits or supplies for the fishery, purchased within any port on the coasts of this Island or within the distance of three marine miles from any of the coasts, bays, creeks, or harbours of this Island, or if the master of the said vessel shall have engaged, or attempted to engage, any person to form part of the crew of the said vessel in any port or on any part of the coasts of this Island, or has entered such waters for any purpose not permitted by treaty or convention for the time being in force, such vessel and the tackle, rigging, apparel, furniture, stores and cargo thereof shall be forfeited.

2. All goods and vessels, and the tackle, rigging, apparel, furniture, stores and cargo thereof, liable to forfeiture under this Act, may be seized and secured by any officer or person mentioned in the first section hereof, and every person opposing any such officer or person in the execution of his duty under this Act, or aiding or abetting any other person in such opposition, shall be deemed guilty of a misdemeanor and liable to a fine of five hundred dollars.

3. In any prosecution under this Act, the presence on board any foreign fishing vessel in any port of this Island, or within British

waters aforesaid, of any caplin, squid, or other bait fishes, of ice, lines, seines, or other outfit or supplies for the fishery, shall be prima facie evidence of the purchase of the said bait fishes and supplies and outfits within such port or waters.

4. All offenders against the provisions of this Act may be prosecuted and convicted, and all fines, forfeitures, penalties, and other punishments imposed, recovered and made in a summary manner before a Stipendiary Magistrate, and any vessel, and the tackle, rigging, apparel, furniture, stores and cargo thereof liable to forfeiture under the provisions of this Act, may be sued for, prosecuted, recovered and condemned in a summary manner before a Stipendiary Magistrate in a proceeding against the master or other person in charge of such vessel; for the purposes of this Act all Stipendiary Magistrates shall be deemed to be Stipendiary Magistrates for the Colony, and may exercise the jurisdiction given by this Act in any part of the Colony.

5. If any person convicted under this Act shall feel himself aggrieved by such conviction, he may appeal therefrom, to the then next sitting of His Majesty's Supreme Court, holden in or nearest the place where such conviction shall have been had, or in St. Johns; Provided notice of such appeal, and of the cause and matter thereof, be given to the convicting Magistrate, in writing, within seven days next after such conviction, and the party desiring to appeal shall also, within fourteen days after such notice, give and enter into recognizance with two approved sureties before the convicting Magistrate, conditioned for the appearance of the person convicted at such next sitting of the Supreme Court, on the first day of such sitting, for the prosecution of the appeal with effect and without delay, to abide the judgment of the Court thereon, and for the delivery and surrender of any vessel or other property ordered to be confiscated, and to pay such costs as the Court may award.

6. No proceeding or conviction by, nor order of, any Magistrate or other officer under this Act, shall be quashed or set aside for any informality; provided the same shall be substantially in accordance with the intent and meaning of this Act.

7. Nothing in this Act shall affect the rights and privileges granted by Treaty to the subjects of any State in amity with His Majesty.

8. The Governor in Council may at any time, by proclamation, suspend the operation of this Act for such period as may be expedient and as shall be declared in such proclamation.

9. In this Act the word "vessel" shall include any boat or ship registered or not registered, jack, skiff, punt or launch, whether propelled by sails, oars or steam.

10. The Act 56 Vic., cap. 6, entitled "An Act respecting Foreign Fishing Vessels," is hereby repealed.

EXHIBIT 4.

Affidavit of Carl C. Young.1

I, Carl C. Young, of Gloucester, County of Essex, and Commonwealth of Massachusetts, being duly sworn, hereby make affidavit and state as follows:

From 1899 to 1910, I was engaged in the business of producing fish. During these years, I owned and operated fishing schooners which I sent from Gloucester to engage in the herring, cod, halibut, mackerel and other fisheries. For about ten years prior to 1899, I was in the employ of various fish producers in Gloucester and made several fishing trips each year as master of fishing schooners owned and operated by these producers.

During these years, much of the fishing of the Gloucester schooners was done on the Banks of Newfoundland and on the so-called Treaty Coast of Newfoundland.

Beginning about 1897 it became the practice of Gloucester fish producers to send fishing schooners to Bay of Islands and to Bonne Bay on the west coast of Newfoundland during the herring season of each year to engage in the herring fishery on that coast. This season usually started in October and ordinarily lasted until the latter part of the following January.

In the winter, summer and early fall of each year, fishing schooners were sent to the Banks of Newfoundland and to the Gulf of St. Lawrence to engaged in the cod and halibut fisheries.

During each of the herring seasons from 1897 to 1910, I went to Bay of Islands either as master of a fishing schooner or as supercargo in charge of schooners owned and operated by me. During each of these years, I also sailed to the Banks of Newfoundland and to the Gulf of St. Lawrence to engage in the cod and halibut fisheries.

In the summer of 1910, I went to The Hague as one of the three Fisheries Experts for the Agency of United States in the North Atlantic Coast Fisheries Arbitration.

The principal seat of the herring fishery in the North Atlantic was the Bay of Islands on the west coast of Newfoundland. The herring fishery was also carried on to a small extent in Bonne Bay, a much smaller Bay about thirty miles northeast of the Bay of Islands.

The herring came down the west coast of Newfoundland in schools during the latter part of September and in October; they usually reached Bonne Bay and the Bay of Islands in the latter part of October. They entered the Bay of Islands in large numbers and remained there during the winter. They spawned there in the spring. In the latter part of May they left the Bay of Islands and went north.

1 [The text of Capt. Young's affidavit is printed in full on p.390 togp§.—Agent's Note.]

The Bay of Islands is a large indentation of the Gulf of St. Lawrence which terminates in several arms-North Arm, Middle Arm (terminating in two smaller arms, Penguin Arm and Goose Arm) and Humber Arm, into which flows the Humber River. Attached to this affidavit are two maps marked A and B, respectively. the situation of the Bay of Islands and of Bonne Bay on the west coast of Newfoundland. Map B shows the Bay of Islands with its various Arms.

Map A shows

The shores of the Bay of Islands rise precipitously from the sea, often at an angle of forty-five degrees. During these years they were practically uninhabited. The shores of North Arm were entirely uninhabited. Those of Middle Arm, Penguin Arm and Goose Arm were almost uninhabited. The only settlements were at Birchy Cove, up the Humber Arm, and on Woods Island, which was situated near the mouth of the Humber Arm. There were also a few houses at Lark Harbor in the southwestern part of the Bay.

Most of the fishing was done in North Arm, Middle Arm, Penguin Arm and Goose Arm. Some fishing was done in the Humber Arm. This fishing, however, was ordinarily limited to the early part of the season as the water in the Humber Arm, being fresh, usually froze over early and rendered further fishing in that Arm impossible.

As above stated, the herring fishery usually commenced in October and lasted until the close of navigation in the Bay of Islands in the following January. The vessels ordinarily planned to leave the Bay about the 10th of January, as the ice from the Gulf of St. Lawrence started to come in about that time and fill the Bay. Vessels which failed to leave in time became ice bound for the winter. During the early part of the season, the herring taken were salted and were taken to Gloucester in that state. Shortly before Christmas heavy frosts set in in the Bay of Islands, and this enabled the crews of the schooners to freeze the herring taken from the Bay. It thus became the practice to freeze the herring taken during the latter part of the season. Each schooner aimed to make two trips during the season, a salt herring trip and a frozen herring trip. Much depended, however, upon weather conditions. Sometimes a schooner made a salt trip and a frozen trip, sometimes it made two salt trips, sometimes a salt trip and a part salt and part frozen trip, and sometimes a vessel made but one trip which might be either a whole salt, a whole frozen, or a part salt and part frozen trip.

The fishing schooners had a tonnage ranging, as a general proposition, from 80 to 140 gross tons. It was the practice to send them from Gloucester with a small crew consisting of from eight to ten men-enough men to sail the ship to Newfoundland and bring her back. Upon the arrival of the schooner at Bay of Islands, additional

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