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ART. 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 fishermen.
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.
The said commissioners, before proceeding 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.
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