ANNO DECIMO-OCTAVO VICTORIA REGINE MAGNÆ BRITANNIÆ ET HIBERNIÆ Ar the Parliament begun and holden at Westminster, on Being the THIRD Session of the SIXTEENTH Parliament of the QUEBEC: PRINTED BY STEWART DERBISHIRE & GEORGE DESBARATS, Anno Domini, 1855. ANNO DECIMO-OCTAVO VICTORIE REGINÆ. CAP. III. An Act to carry into effect a Treaty between Her Majesty and the United States of America. W [19th February, 1855.] THEREAS a Treaty was, on the Fifth day of June One thousand eight hundred and fifty-four, concluded between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of America, whereby it was agreed as follows: ARTICLE I.-It is agreed by the High Contracting Parties that, in addition to the Liberty secured to the United States Fishermen by the above-mentioned Convention of October 20, 1818, of taking, curing, and drying Fish on certain Coasts of the British North American Colonies therein defined, the Inhabitants of the United States shall have, in common with the Subjects of Her Britannic Majesty, the Liberty to take Fish of every Kind, except shell Fish, on the Sea Coasts and Shores and in the Bays, Harbours, and Creeks of Canada, New Brunswick, Nova Scotia, Prince Edward's Island, and of the several Islands thereunto adjacent, without being restricted to any Distance from the Shore, with Permission to land upon the Coasts and Shores of those Colonies and the Islands thereof, and also upon the Magdalen Islands, for the Purpose of drying their Nets and curing their Fish; Provided that in so doing they do not interfere with the Rights of private property or with British Fishermen in the peaceable Use of any Part of the said Coast in their Occupancy for the same Purpose. It is understood that the above-mentioned Liberty applies solely to the Sea Fishery, and that the Salmon and Shad Fisheries, and all Fisheries in Rivers and the Mouths of Rivers, are hereby reserved exclusively for British Fisher meu. And it is further agreed that, in order to prevent or settle any Disputes as to the Places to which the Reservation of exclusive Right to British Fishermen contained in this Article and that of Fishermen of the United States contained in the next succeeding Article apply, each of the High Contracting Parties, on the Application of either to the other, shall, within Six Months thereafter, appoint a Commissioner. Fisheries (North America). Commissioner. The said Commissioners, before proceed ing to any Business, shall make and subscribe a solemn Declaration that they will impartially and carefully examine and decide, to the best of their Judgment and according to Justice and Equity, without Fear, Favour, or Affection to their own Country, upon all such Places as are intended to be reserved and excluded from the common Liberty of fishing under this and the next succeeding Article; and such Declaration shall be entered on the Record of their Proceedings. The Commissioners shall name some Third Person to act as an Arbitrator or Umpire in any Case or Cases on which they may themselves differ in Opinion. If they should not be able to agree upon the Name of such Third Person, they shall each name a Person, and it shall be determined by Lot which of the Two Persons so named shall be the Arbitrator or Umpire in Cases of Difference or Disagreement between the Commissioners. The Person so to be chosen to be Arbitrator or Umpire shall, before proceeding to act as such in any Case, make and subscribe a solemn Declaration in a Form similar to that which shall already have been made and subscribed by the Commissioners, which shall be entered on the Record of their proceedings. In the event of the Death, Absence, or Incapacity of either of the Commissioners or of the Arbitrator or Umpire, or of their or his omitting, declining, or ceasing to act as such Commissioner, Arbitrator, or Umpire, another and different Person shall be appointed or named as aforesaid to act as such Commissioner, Arbitrator or Umpire, in the Place and Stead of the Person so originally appointed or named as aforesaid, and shall make and subscribe such Declaration as aforesaid. Such Commissioners shall proceed to examine the Coasts of the North American Provinces and of the United States embraced within the Provisions of the First and Second Articles of this Treaty, and shall designate the Places reserved by the said Articles from the common Right of fishing therein. The Decision of the Commissioners and of the Arbitrator or Umpire shall be given in Writing in each Case, and shall be signed by them respectively. The High Contracting Parties hereby solemnly engage to consider the Decision of the Commissioners conjointly or of the Arbitrator or Umpire, as the Case may be, as absolutely final and conclusive in each Case decided upon by them or him respectively. ARTICLE II.—It is agreed by the High Contracting Parties that British Subjects shall have, in common with the Citizens of the United States, the Liberty to take Fish of Fisheries (North America). every Kind, except Shell Fish, on the Eastern Sea Coasts and Shores of the United States North of the 36th Parallel of North Latitude, and on the Shores of the several Islands thereunto adjacent, and in the Bays, Harbours, and Creeks of the said Sea Coasts and Shores of the United States and of the said Islands without being restricted to any Distance from the Shore, with Permission to land upon the said Coasts of the United States and of the Islands aforesaid for the Purpose of drying their Nets and curing their Fish; Provided, that in so doing they do not interfere with the Rights of private Property, or with the Fishermen of the United States in the peaceable Use of any Part of the said Coasts in their Occupancy for the same Purpose. It is understood that the above-mentioned Liberty applies solely to the Sea Fishery, and that Salmon and Shad Fisheries, and all Fisheries in Rivers and Mouths of Rivers, are hereby reserved exclusively for Fishermen of the United States. ARTICLE III.-It is agreed that the Articles enumerated in the Schedule hereunto annexed, being the Growth and Produce of the aforesaid British Colonies, or of the United States, shall be admitted into each Country respectively free of Duty: SCHEDULE. Grain, Flour, and Bread-stuffs of all Kinds. Fresh, smoked, and salted Meats. Cotton Wool, Seeds, and Vegetables. Undried Fruits, dried Fruits. Fish of all Kinds. Products of Fish and of all other Creatures living in the Water. Poultry. Eggs. Hides, Furs, Skins, or Tails undressed. Stone or Marble in its crude or unwrought State. Slate. Butter, Cheese, Tallow. Lard, Horns, Manures. Ores of Metals of all Kinds. Coal. Pitch, Tar, Turpentine, Ashes. Timber and Lumber of all Kinds, round, hewed, and sawed, unmanufactured in whole or in Part. |