North American Fisheries Act, 1819

NORTH AMERICAN FISHERIES ACT 1819

CHAPTER XXXVIII.

An Act to enable His Majesty to make Regulations with respect to the taking and curing Fish on certain Parts of the Coasts of Newfoundland, Labrador, and His Majesty's other Possessions in North America, according to a Convention made between His Majesty and the United States of America. [14th June 1819.]

Convention with United States, dated 20th Oct. 1818.

His Majesty in council may make regulations and give orders for carrying the convention into effect.

Whereas a convention between his Majesty and the United States of America was made and signed at London on the twentieth day of October one thousand eight hundred and eighteen; and by the first article of the said convention, reciting that differences had risen respecting the liberty claimed by the United States for the inhabitants thereof to take, dry, and cure fish in certain coasts, bays, harbours, and creeks of his Britannic Majesty's dominions in America, it is agreed that the inhabitants of the said United States shall have for ever, in common with the subjects of his Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau islands, on the western and northern coasts of Newfoundland from the said Cape Ray to the Quirpon islands, on the shores of the Magdalen islands, and also on the coasts, bays, harbours, and creeks from Mount Joly on the southern coast of Labrador to and through the straits of Belleisle, and thence northwardly indefinitely along the coast, without prejudice however to any of the exclusive rights of the Hudson's Bay Company; and it was also by the said article of the said convention agreed that the American fishermen should have liberty for ever to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland above described, and of the coast of Labrador, but that so soon as the same or any portion thereof, should be settled it should not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground: And whereas it is expedient that his Majesty should be enabled to carry into execution so much of the said convention as is above recited, and to make regulations for that purpose: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that it shall and may be lawful for his Majesty, by and with the advice of his Majesty's privy council, by any order or orders in council to be from time to time made for that purpose, to make such regulations, and to give such directions, orders, and instructions to the governor of Newfoundland, or to any officer or officers on that station, or to any other person or persons whomsoever, as shall or may be from time to time deemed proper and necessary for the carrying into effect the purposes of the said convention, with relation to the taking drying, and curing of fish by inhabitants of the United States of America, in common with British subjects, within the limits set forth in the said article of the said convention and herein-before recited; any Act or Acts of Parliament, or any law, custom, or usage to the contrary in anywise notwithstanding.