History of the government of the island of Newfoundland: With an appendix containing the Acts of Parliament made respecting the trade and fisheryReeves, John
History
History of the government of the island of Newfoundland: With an appendix containing the Acts of Parliament made respecting the trade and fishery
Reeves, John
Fisheries -- Newfoundland and Labrador -- Newfoundland, Island of; Newfoundland, Island of (N.L.) -- Politics and government
They said, that in framing these additional instructions, it became
necessary to consider, with the closest attention, the provisions and
regulations of stat. 10 and 11 Will. 3.; which act, having been framed
and passed at a time when the crowns of Great Britain and France had
distinct rights and possessions on that island, and the subjects of both
carried on distinct fisheries upon those parts of the coasts, which
belonged to each respectively, was, they humbly conceived, in no respect
properly applicable to the permissive fishery, which the subjects of
France were entitled by treaty to carry on in common with the English
subjects within the limits described; although, being an act in full
force, they had found themselves under the necessity, in framing these
additional instructions, to conform to the regulations and provisions
of it, in many points, which did, in their opinion, render those
instructions less effectual and extensive than they might otherwise have
been.
But independent of this objection to the act, they conceived it highly
exceptionable in almost every other light in which it could be viewed.
The regulations intended for the fishery were in general by no means
applicable to the present state of it, and such of them as might be
of use were not enforced by proper penalties. And, considered as a
regulation of government and civil jurisdiction, this act, they said, was
the most loose and imperfect that could have been framed, and necessity
had already introduced deviations from it in many essential points.
Without entering into the particular regulations of the act, and
considering only its principal imperfection, namely, the fishery of the
island being altogether changed and varied from what it was, when the
act was passed, it appeared to them to be disgraceful to suffer it to
remain in the statute-book. But as they feared it was too late in that
session to enter upon any new parliamentary regulations, the further
consideration must be deferred for the present, unless his majesty should
be of opinion that a repeal of the act should be moved for, and a short
law enacted, impowering the king, by proclamation, order in council,
or instruction to the governor, to make such regulations with respect
to this branch of commerce, as he should, with the advice of his privy
council, judge most expedient[68].
But nothing was done towards correcting or repealing an act that had been
condemned so often by public and private opinions of persons best able to
judge of its merits.
Public-domain text, read in full here on John Shaqi.
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