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Fisheries (North America).

CA P. III. An Act to carry into effect a Treaty between Her Majesty

and the United States of America. [19th February 1855.] "VHEREAS 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 de

fined, 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 thereụnto ad

jacent, 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 · Magdalon 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 Fisher6 men.

"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 con‘tained 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. The said Commissioners, before proceeding

to any Business, shall make and subscribe a solemn Decla*** ration 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 B 4

i Person

Fisheries (North America).

• 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 pro• ceeding 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 Com• unissioners, which shall be entered on the Record of their • Proceedings. In the event of the Death, Absence, or In• capacity 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, ano

ther and different Person shall be appointed or named as • aforesaid to act as such Commissioner, Arbitrator, or Um" pire, in the Place and Stead of the Person so originally

appointed or named as aforesaid, and shall make and sub'scribe 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 re• served 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 Par

ties that British Subjects shall have, in common with the « Citizens of the United States, the Liberty to take Fish of ' 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; pro

vided, 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.

Fisheries (North America). • 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.

Animals 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. 6 Ores of Metals of all Kinds. • Coal. · Pitch, Tar, Turpentine, Ashes. - Timber and Lumber of all Kinds, round, bewed, and

sawed, unmanufactured in whole or in part. • Firewood. • Plants, Shrubs, and Trces. • Pelts, Wool. « Fish Oil. · Rice, Broom Corn, and Bark. • Gypsum, ground or unground. • Hewn or wrought or unwrought Burr or Grindstones. 6 Dye Stuffs. - Flax, Hemp, and Tow unmanufactured. . Unmanufactured Tobacco.

• Rags.

6 ARTICLE IV.- It is agreed that the Citizens and Inha* bitants of the United States shall have the Right to navigate

the River St. Lawrence, and the Canals in Canada, used as " the Means of communicating between the Great Lakes and o the Atlantic Ocean, with their Vessels, Boats, and Crafts, as

fully and freely as the Subjects of Her Britannic Majesty, • subject only to the same Tolls and other Assessments as now are or may hereafter be exacted of Her Majesty's said

Subjects ; !

Fisheries (North America). Subjects; it being understood, however, that the British · Government retains the Right of suspending this Privilege, con giving due Notice thereof to the Government of the .United States.

• It is further agreed, that if at any Time the British

Government should exercise the said reserved Right, the :: Government of the United States shall have the Right of « suspending, if it think fit, the Operation of Article III. of

the present Treaty, in so far as the Province of Canada is

affected thereby, for so long as the Suspension of the free · Navigation of the River St. Lawrence or the Canals may I continue.

'It is further agreed, thạt British Subjects shall have the 'Right freely to navigate Lake Michigan with their Vessels, • Boats, and Crafts, so long as the Privilege of navigating • the River St. Lawrence, secured to American Citizens by " the above Clause of the present Article, shall continue ; ' and the Government of the United States further engages 4 to urge upon the State Governments to secure to the Sub

jects of Her Britannic Majesty the Use of the several State Canals on Terms of Equality with the Inhabitants of the United States.

And it is further agreed, that no Export Duty or other Duty shall be levied on Lumber or Timber of any Kind cut on that Portion of the American Territory in the State of Maine watered by the River St. John and its Tributaries, ' and floated down that River to the Sea, when the same is • shipped to the United States from the Province of New Brunswick.

- ARTICLE V.-The present Treaty shall take effect as soon ? as the Laws required to carry it into operation shall have

been passed by the Imperial Parliament of Great Britain • and by the Provincial Parliaments of those of the British North American Colonies which are affected by this Treaty

on the one hand, and by the Congress of the United States ' on the other. Such Assent having been given, the Treaty • shall remain in force for Ten Years from the Date at which ' it may come into operation, and further until the Expiration of Twelve Months after either of the High Contracting

Parties shall give Notice to the other of its Wish to termic ' nate the same; each of the High Contracting Parties being • at liberty to give such Notice to the other at the End of the • said Term of Ten Years, or at any Time afterwards.

* It is clearly understood, however, that this Stipulation is s not intended to affect the Reservation made by Article IV.

of the present Treaty with regard to the Right of tem6.porarily suspending the Operation of Articles III. and IV. " thereof.

• ARTICLE VI.--And it is hereby further agreed, that the • Provisions and Stipulations of the foregoing Articles shall • extend to the Island of Newfoundland, so far as they are

applicable

Fisheries (North America).

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• applicable to that Colony. But if the Imperial Parliament,
• the Provincial Parliament of Newfoundland, or the Con-
'gress of the United States, shall not embrace, in their Laws
' enacted for carrying this Treaty into effect, the Colony of
Newfoundland, then this Article shall be of no Effect; but
• the Omission to make Provision by Law to give it Effect,-..
. by either of the Legislative Bodies aforesaid, shall not in

'any way impair the remaining Articles of this Treaty.
And whereas the said Treaty was ratified between Her said
• Majesty and the United States, and such Ratification was, ex.

changed on the Ninth Day of September One thousand eight • hundred and fifty-four : And whereas in pursuance of the said

Treaty the Senate and House of Representatives of the United * States of America in Congress assembled have passed an Act e entitled “ An Act to carry into effecť a Treaty between the

* United States and Great Britain," signed on the Fifth Day of June One thousand eight hundred and fifty-four, which Act was

approved on the Fifth Day of August One thousand eight hun

dred and fifty-four, by which Act it is among other Things pro* vided, that whenever the President of the United States shall

receive satisfactory Evidence that the Imperial Parliament of • Great Britain, and the Provincial Parliaments of Canada, New Brunswick, Nova Scotia, and Prince Edward's Island have • passed Laws on their Part to give full Effect to the Provisions • of the said Treaty, the said President is thereby authorized to ' issue his Proclamation declaring that he has such Evidence, and

thereupon the Provisions of the said Treaty shall go into effect, : and be observed on the Part of the United States : And whereas .

the Legislatures of the Colonies aforesaid have respectively

passed Laws to carry the said Treaty into operation ; namely, an • Act passed by the Legislature of Canada, intituled “ An Act for * “ giving Effect on the Part of this Province to a certain Treaty = “ between Her Majesty and the United States of America ;" an

Act passed by the Legislature of Nova Scotia, intituled “ An

“ Act for giving Effect on the Part of the Province of Nova 5“ Scotia to a certain Treaty between Her Majesty and the United ““ States of America ;" an Act passed by the Legislature of New - Brunswick, intituled “An Act for giving Effect on the Part of < " the Province of New Brunswick to a certain Treaty between r" Her Majesty and the United States of America ;” and an Act

passed by the Legislature of Prince Edward Island, intituled • “An Act to authorize Free Trade with the United States of

America under a Treaty between Great Britain and the United

“ States of America:" And whereas it is expedient that effectual - Provision should be made by Parliament for carrying into opera

tion the said Treaty: Be it therefore enacted by the Queen'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, as fol. lows:

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