Another question, as to the right of property at Newfoundland, arose upon a _salmon fishery_, which had been carried on and improved by _Mr. Skeffington_, between _Cape Bonavista_ and _Cape John_, in a part never frequented by any fishing ships; he had cleared the country up the rivers for forty miles, and had built houses and stages. This person applied for an exclusive grant of this fishery for a term of years;—the matter being referred to _Mr. West_, he reported, that such a grant would not be inconsistent with the stat. 10 and 11 Will. 3[30]. The board accordingly recommended to his majesty, that a term of 21 years, in a sole fishery for salmon, in _Fresh-water Bay_, _Ragged Harbour_, _Gander Bay_, and _Dog Creek_, might very well be granted by his majesty, with liberty to cut wood and timber in the parts adjacent, provided it were at six miles distant from the shore[31]. In the close of the year 1728, we find the board of trade once more took up the subject of this trade and fishery, in consequence of the representations made by _Lord Vere Beauclerck_, the commodore on that station. In order to bring the subject under full discussion, they caused letters to be written to the chief magistrates of the different towns in the west, requesting the merchants to send their thoughts, whether any thing, and what, might be done for the further encouragement of the fishery. [Sidenote: Opinion on Sec. 7, of Stat. 10 and 11 Will 3.] With a view of understanding the situation and tenure by which persons held their lands in Newfoundland, the board referred, at this time, a question to _Mr. Fane_ on the seventh clause of stat. 10 and 11 Will 3. “Whether the possessors had an inheritance therein, or only an estate for life?” and he was of opinion, that by the words of this clause, an estate for life only passed to the possessors, and consequently a right of alienation only for that interest, for the following reasons:—1st. From the general rule of law, that the king’s right and interest can never be bound by general words—2dly. From the inconvenience that would ensue, if by these general words an estate of inheritance should be construed to be given; for these houses, &c. might fall into hands improper for carrying on the fishery, or be bought by such as are in the interest of our enemies; or such new erections, houses, &c. might be purchased by one person, or two, and so an engrossing established, against the design and intention of the act—3dly. From the words of the clause, which seem to confine the possession to the builder; for the act says, _to_ HIS _or_ THEIR _use_; which implies, as he apprehended, that this is only a personal privilege; and a privilege it was sufficient, to have an estate for life in a house, &c. probably slightly built; and which, in all likelihood, would only last for the life of the builder—4thly. This act was made, he apprehended, in disfavour of the Newfoundland-men; and