[Sidenote: PART IV.
From Stat. 15, Geo. 3, to A. D. 1793.]
_Import of live Stock, ~&c.~—Representation on a Bill brought
in by the Western Merchants—Three Acts passed—Complaints
about Courts—Review of the Courts at Newfoundland—Fishing
Admirals—Surrogates—The Governor holds a Court—Courts of
Vice-Admiralty and Sessions—The Governors cease to hold
Courts—Court of Common Pleas instituted—Complaints against
it—Representation—An Act passed for a Court of Civil
Jurisdiction._
During the last five or six years that the board of trade continued in
existence, there appears nothing of importance upon the books respecting
this trade and fishery. That board was abolished in 1782. It was not till
June 1784, that a committee of council was appointed by his majesty for
matters of trade and plantations.
[Sidenote: Import of live Stock, &c.]
In this interval, the war had determined, and the independence of the
United States of America had produced, a new position of affairs in that
part of the world, by which Newfoundland was affected, as well as the
other parts of his majesty’s territories in America. One of the first
questions that was occasioned by this revolution was, the supply of
provisions for Newfoundland and the fishery. These had before the war,
come in a great measure from the Colonies that were now separated; and
before the new situation of things was quite understood, this supply, it
was thought, might still be occasionally permitted, and, in a case of
distress, had actually been resorted to. The western merchants took alarm
at the appearance of an intercourse being allowed between the United
States and their fishery; they presented memorials to have a stop put
to it; they alledged the place might be supplied from _Great Britain_
or _Canada_. The allegations on both sides, of those who argued for a
supply, under certain limitations, from the United States, and of those
who were wholly against this intercourse, led to long examination of
witnesses, and various considerations of policy, before the lords of the
committee[80]. This ended in the committee resolving, in January 1785,
to recommend to his majesty, that a permission should be given to import
bread, flour, and live stock, in British bottoms, which ships should
clear out from the king’s dominions in Europe, with a licence from the
commissioners of the customs, which should be in force for seven months.
As this licence was to be for seven months, and the temporary act for
regulating the intercourse with the United States would expire in less
time, it was suggested by the attorney and solicitor general, whether
it might not be better to pass a special act for this purpose[81]. The
committee accordingly recommended to his majesty, that a bill to that
effect should be proposed in parliament, but that it should be in force
for that season only[82]. Such an act was accordingly passed; namely,
stat. 26 Geo. 3. C.I. The same question was revived the following year;
when it was considered whether the act should be renewed. Examinations in
like manner were had; in which the merchants declared, they were of the
same opinion as they had been last year; but that they had rather the
bill of last year should be renewed, than the trade between Newfoundland
and the United States should be laid intirely open[83]. The committee
came to the resolution, that the act should be renewed[84].
[Sidenote: Representation on a Bill brought in by the Western Merchants.]
In the mean time, the encouragement of the fishery had come under the
consideration of the committee—A bill had been brought into the house
of commons at the instance of the western merchants; in this bill it
was intended to make several alterations in the law of Newfoundland;
the principal points of which were, to give the present possessors
a permanent interest in their lands, and to repeal some material
regulations of stat. 15 Geo. 3. which the merchants had always disliked.
On 9th December 1785, his majesty was pleased to refer the matter of
this bill to the committee for them to consider it, and to report their
opinion thereon. This bill was read at the board on the 14th of January
1786, and every provision of it was separately discussed. The subject
of the fishery was under consideration for several weeks[85]. At length
the committee made a report on the intended bill. This report contains
their opinion upon most of the points relating to Newfoundland, and is
therefore well deserving of notice. It has been laid before the house of
commons, and is now in print. The report was unfavourable to the bill,
which was accordingly laid aside[86]. However, another was introduced,
and passed into a law, and is stat. 26 Geo. 3. c. 26. This act continued
the bounties given by stat. 15 Geo. 3. and contributed to render more
complete the plan begun by that statute, for preventing the seamen and
fishermen withdrawing themselves from this country, either by staying at
Newfoundland, or deserting to other places.
In the year 1788, the intercourse between the United States and
Newfoundland was again agitated; and upon the strong representations of
the _Quebec_ merchants, the committee were of opinion for proposing a
bill to parliament, to prevent entirely the supply of bread, flour, and
live stock, from the United States; but, at the instance of the western
merchants, this intention was dropt[87]. The following year the mode of
occasional supply was continued, at the desire of the western merchants,
and so it has gone on ever since by authority of stat. 28 Geo. 3. c. 6.
s. 13.
[Sidenote: Two acts passed.]
In this and the following sessions two acts of parliament were passed
respecting Newfoundland. By stat. 28 Geo. 3. c. 35. his majesty
was enabled to make some regulations at Newfoundland, to prevent
inconveniencies that might arise from the competition of the English and
the French in the fishery. By stat. 29 Geo. 3. c. 53. it is declared,
that fish, not caught by subjects of Great Britain going from the British
dominions in Europe, may not be landed or dried at Newfoundland. This
last act was occasioned by the people of _Bermuda_ having engaged in the
fishery, and selling their fish to those who had a clear right to dry
and cure on the island; by this provision the design of stat. 15 Geo. 3.
c. 31. in confining the fishery to ships going from Europe, was fully
secured.
[Sidenote: Complaints about courts.]
A new subject of complaint had grown up in Newfoundland—this was the
hearing and determining of _civil causes_. Among all the grievances, and
the expedients for remedying them, during the tract of time we have gone
through, there seems to have been no solicitude or attempt to provide
_a court of civil jurisdiction_. While this place continued merely a
fishery, the causes of action between parties were simple and of less
magnitude; but of late years the population had encreased, and among
the persons resident there were dealings of a mercantile nature to a
great extent, and of a sort to need a judicature, that would command
more confidence than any of the old establishments had been thought
entitled to. There arose therefore, from time to time, discontents upon
this head, and these led to measures that ended in making an intire
new establishment of a court. To make this subject more intelligible,
we should look back to the courts that had hitherto been known at
Newfoundland, the nature and jurisdiction of which were brought under
consideration at this time.
[Sidenote: Review of the Courts of Newfoundland.]
The first regulation that looked at all like a court, was the authority
given by stat. 10 and 11 Will. 3. c. 25. s. 15. to the fishing admirals,
to hear and determine controversies and differences between the masters
of fishing ships, and the inhabitants, or any bye boat-keeper, concerning
the right and property of fishing rooms, stages, flakes, or any other
buildings or conveniency for fishing or curing fish; and if either party
thought himself aggrieved, he might appeal to the commander of any of the
king’s ships belonging to the convoy. This was a civil judicature of a
limited sort—the _adventurers_ or _merchants_, it should seem, were not
liable to it; it was confined also in its object; _debts_ still remained
without any mode of recovery, as well as all other personal wrongs of a
civil nature.
[Sidenote: Fishing Admirals]
Another jurisdiction was given to the fishing admirals by this act: by
sect. 14 they were to see the rules and orders contained in that act
concerning the regulation of the fishery duly put in execution; and
this was given them, as the act expresses it, _to preserve peace and
good government among the_ SEAMEN _and_ FISHERMEN, _as well in their
respective harbours, as on the shore_. This was a sort of police invested
in them, which might be considered as partaking both of a civil and
criminal authority. But this also, like the former, was limited as to
the persons; no authority was given that could be exercised over the
merchants and adventurers, who seem to be considered by this act as
persons who might have right done them; but against whom it was not
necessary to do any justice whatsoever—for, by the rules and orders
of this act, the fishing admirals would be obliged to see they had
ships-room; and their seamen and fishermen would be kept quiet and
under controul; but if these adventurers had taken possession of any
_fishing rooms, stages, flakes, or other conveniency for the fishery_,
the admirals had no jurisdiction to call them to account, and to make
restitution to the right owner, their jurisdiction in that particular
being confined to the _masters of fishing ships, inhabitants, and bye
boat-keepers_.
The merchants and adventurers being therefore subjected by this act to
no controul or authority whatsoever, when they begun to settle, and to
have mercantile dealings, to a great amount, they had nothing to do but
to take the law into their own hands; and having possessed themselves
of plantations or fish, or any thing else, in payment of debts, real
or pretended, there subsisted, under this act, no power whatsoever
to call them to account; and it was, no doubt, for this reason, that
the merchants have so constantly adhered to the support of this act,
declaring that a free fishery, conducted under the policy of this act,
was all they wanted, and complaining that every regulation made since
that act has invariably operated to injure the trade and fishery. It
was indeed the policy of this country to support a free fishery there,
for ships going from hence, and to prevent settlement. So far the views
of the government and the interest of the merchants concurred; but the
application of this principle had the effect of leaving the island to
the mercy of the adventurers, who found it their interest at length
even to promote _settlement_ to a certain degree; contrary to their own
declarations, and to the policy of stat. 10 & 11 Will. 3.; for no part
of which they seem to have had any value, but the feeble judicature and
police it gave the island; in consequence of which, they saw the whole
fishery abandoned to their sole will and pleasure.
These observations upon the incomplete form of this judicature and
police, suggest themselves upon the bare reading of the act; but the
experience of the manner in which it was executed, shewed all this in a
more aggravated appearance. It has been too often repeated in the course
of this historical enquiry to need repetition here, that the admirals
were the servants of the merchants, inasmuch as they were the masters
of some of their ships; that in many cases, therefore, justice was not
to be expected from them; that is, in cases where their owners were
concerned. In many others, where their owners or themselves were not
concerned, there was always a partiality towards the description and
class of persons with which they were connected; and a poor planter, or
inhabitant, (who was considered as little better than a law-breaker in
being such) had but small chance of justice, in opposition to any great
west-country merchant. This bias must have been a strong impediment to
the equal administration of justice in the hands of the fishing admirals.
Besides this which arose from their employment and connection, there was
another disqualification, that was to be corrected by no integrity or
fairness whatsoever. It should seem, that persons, educated as masters
of merchant ships, could not in general possess that discrimination and
discernment, which was necessary for determining right and property, even
in fishing stages and flakes.
Such being the judicature established by the statute of King William,
and such the hands in which it was lodged, we have found, that it was
executed fully as ill as could from the nature of it be expected. We
find that the admirals were most of their time out on the fishery; that,
when in harbour, they were still employed about curing of their fish,
and the other parts of their business; that the commanders of the king’s
ships were obliged to summon, enjoin, and enforce them to hold courts;
that discovering the sluggishness of the admirals, they were under the
necessity of taking liberties not given by the statute; that, being only
a court of appeal, they were obliged to erect themselves into an original
court. This they did by degrees, and with a sort of deference to the
provisions of the act of parliament. At first they got the admirals to
sit with them; and I have seen many judgments and proceedings to which
the commander of some of the king’s ships has first subscribed his name,
and the admirals have added theirs. It is not to be wondered, that the
commanders of the king’s ships, with their superior endowments, should
gradually obtain an ascendancy; and having thus blended their appellate
jurisdiction with the original one lodged in the admirals, should at
length wholly dispense with their attendance of the fishing admirals (who
would be glad enough to be excused), and so in time succeed to a complete
original exercise of judicial authority in the place of the admirals.
So indeed it happened. But there were not wanting occasions, when
the admirals awaked from their lethargy, and shewed a steadiness in
asserting the dormant powers lodged in them by the statute. These were
when the adventurers and merchants perceived the government at home were
making any attempt to introduce a better system of law and order into
Newfoundland. Accordingly, we have seen, that upon the appointment of
a civil governor and justices, in the year 1729, the admirals bestirred
themselves; and, from the impulse which the competition inspired for the
moment, they actually took upon them all the authority they possessed
under the statute. They even went further, and claimed a criminal as
well as a civil judicature; and proceeded to issue warrants, and do acts
which belong to justices of the peace. In these usurpations they were
supported by the western merchants, whose language it was to represent
the provisions of stat. 10 and 11 Will. 3 as competent to the complete
government of the island in all matters, both civil and criminal.
But with all this support, so limited a power, lodged in such feeble
hands, could not sustain the contest; and the admirals soon fell back
into the inactivity, neglect, and contempt, where they had before
slumbered. As they sunk, the commanders of the king’s ships rose into
importance; the statute of William grew to be looked upon as a dead
letter; and the administration of justice, in all the points there
conferred on the admirals, was expected from nobody but the commanders
of the king’s ships, when they came to the island in the summer season.
[Sidenote: Surrogates.]
Although the hearing of certain matters, by way of _appeal_, was given
to the commanders by the statute, yet the hearing of them _originally_
was not authorized. The possession of the former gave a colour for
assuming the latter; and crude as this may seem, it was, perhaps, as
well warranted as some of the instances of jurisdiction now exercised,
and from long usage allowed to the first courts in Westminster-hall.
When the captains were in possession of this, they proceeded, as happens
mostly in the exercise of power and authority; they found in that place,
as it is elsewhere, that all judges have the quality which is invariably
supposed to belong to the best, that of enlarging the sphere of their
cognizance[88]: and we find very soon, that the captains of ships took
cognizance of _debts_ contracted; and held courts, in which they enquired
of, heard, and determined all possible causes of complaints; and with
no other lights than those furnished by the statute of _William_, the
instructions from the governor, and the suggestions of their own good
sense; paying always a due regard to the customs and usages of the
country. They did every thing, that the fishing admirals might do, and
every thing the admirals had at different times pretended to have a
right to do. From their situation, and the support they received from
the governor, they were enabled to maintain the jurisdiction they had
assumed. The governor conferred on them the title of _surrogates_, an
idea taken from the admiralty-law; to which, and which alone the naval
governors were in the habit of looking, and under which it had long
been a notion, that the fishery, as an admiralty concern, ought to be
regulated. A _surrogate_ is well known in Newfoundland, as legally
deputed by the governor, to act as his deputy. Under this character the
authority of the governor was exercised very beneficially. The time of
_surrogating_ was looked forward to as a season when all wrongs were to
be redressed against all oppressors; and this naval judicature was flown
to by the poor inhabitants and planters, as the only refuge they had from
the west country merchants, who were always their creditors, and were
generally regarded as their oppressors.
[Sidenote: The governor holds a court.]
While the _surrogates_ in the different parts of the island were
administering justice in this manner, the _governor_ had also his court
at _St. John’s_; and, it is easy to believe, that every thing which the
surrogates permitted to themselves, the governor thought himself equally
entitled to do and command. Every matter, civil, and criminal, used to
be heard, and determined in open court before the governor. Where no
special direction was pointed out by law, a person in that situation
was to be commended for striking out such a course as the exigency of
the situation, and the good of the place required. This desire of doing
good sometimes carried the governors further than strict legal propriety
could warrant. They used to preside in the sessions of justices, although
it was from their authority that the commission of the justices issued.
It would be endless and unnecessary to enter into the instances of
irregularity that must follow, when judicatures were instituted in such
a place as this, by persons who had nothing for their guide but the
rectitude of their intentions, and a very honourable disposition.
[Sidenote: Courts of vice-admiralty and session.]
In the year 1765, a custom-house being established at _St. John’s_,
a court of vice-admiralty, (the court of revenue in the plantations)
was placed there. This court, in the absence of the governor, during
the winter, had entertained complaints in other matters than those
peculiarly belonging to it. In this it only followed the example of
the _court of sessions_, where the justices had allowed the hearing of
matters of _debt_, and other subjects of difference of a civil nature.
It was in consequence of this usage, that the parliament afterwards
conferred on the court of vice-admiralty, and the session, a jurisdiction
of a civil nature. By Stat. 15, Geo. 3, c. 32. they have authority to
determine disputes concerning the wages of seamen and fishermen, and the
offences committed by their hirers and employers against that act. This
jurisdiction was taken from the court of vice-admiralty, by Stat. 26,
Geo. 3, c. 26, owing to the unfavourable impressions that had been made
respecting the practice which had prevailed in that court.
Although the parliament took away from the vice-admiralty court the
authority vested in it by law, it still continued to exercise that
which no law had conferred on it; and both that court and the sessions
were resorted to in the absence of the governor and surrogates, for
the administration of justice in all civil cases whatsoever. Justice
administered under such circumstances could have but little of the
authority and effect, which should attend upon the sentence of a court.
There was no doubt in the minds of any, above the very lowest class,
but the whole of this judicature was an usurpation: it was, therefore,
more frequently employed as an engine of authority, to obtain that by a
course of law, which could not, perhaps, be attained by open violence,
than as the means of protecting the weak against the powerful. A merchant
rather chose to have the assistance of the court of session or admiralty,
to attach and seize the effects of his debtor, than incur the odium of
taking them with force. The appearance of a legal course was preferable.
But should a wealthy merchant become defendant in one of these courts,
it was not so sure that he would approve the same legal course, or yield
the same obedience to a sentence. He, as well as the court knew, there
was no legal authority to compel; and it was a question of prudence
only, whether such a defendant would submit quietly to their order. If
the court happened to have in it persons who acted with vigour, and had
character and influence sufficient to cause its decrees to be duely
executed; it would, in such case, be but a bad prospect for a merchant
to look for redress by an action, to be brought in England against a man
who, perhaps, never might make a visit there. Such considerations might
operate with the merchants to obey these courts, even when they decided
against them. Besides, a merchant might think it for his advantage to
yield, in one instance, to a court, which in so many others he found
useful; he being more frequently plaintiff than defendant.
It was in this manner, by a sort of convention, upon views partly
private, partly public, with a design sometimes selfish, often generally
beneficial, but never without the concurrence and support of the majority
of those most interested, was a judicature gradually conferred on these
two courts, which with the governor, and the surrogates, possessed all
the judicature in the island, civil as well as criminal.
But a time was coming, when a judicature, that stood on so weak a
foundation, was to be shaken. Though the justices, and the judge of
the admiralty court might never come to England, the governor and his
surrogates necessarily did. In the time of _governor Edwards_, some
persons, discontented with a judgement made by him in court, at _St.
John’s_, and carried into execution by the sheriff there, meant to
redress themselves by bringing an action against the governor for a
trespass in so depriving them of their property. This was to have been
tried at _Exeter_, but it was made up before the case was gone through to
the jury.
[Sidenote: The governors cease to hold courts.]
The governor got well quit of this business, and he proceeded, during
the remainder of his time, to hear causes in person, without the least
doubt or difficulty, as his predecessors had before done. But the minds
of men were changed upon this subject; and his successor _Admiral
Campbell_, 1782, was advised not to take upon him to sit in court, as
his predecessors had done, nor to determine any causes whatsoever. He
substituted in the room of this, a mode which was certainly without
exception; and which, in a country like that, could not fail of having a
very useful, and very extensive effect. The petitions which used to be
brought to the governor in great numbers, upon all sorts of questions
and subjects, were still received as before; but instead of holding a
court, and making decisions, which were to be enforced by the sheriff,
he directed his secretary to hear the complainant, and if necessary, the
party, against whom the complaint was made, and thereupon to write at the
bottom of the petition the governor’s opinion, and give such _advice_,
as if followed, would have the effect of complete justice. Advice and
direction given from such authority was most usually followed; and the
administration of justice was, in a great degree, attained in this mode
of application, without any course of process, as in a regular and open
court.
However, in many cases, this method was not acceptable; and many more
persons began, after this time, to recur to the courts of session, and
vice-admiralty; and these two courts, as they were open all the winter,
presented a more useful, and certain course of redress, than the above
mode of petition. These two courts encreased very much in business from
the beginning of _Admiral Campbell’s_ government.
[Sidenote: Court of common pleas instituted.]
But these two courts derived this accession of business from the
necessity of circumstances merely; their authority was still as feeble
as before, and the exercise of it depended upon the like precarious
circumstances, for being carried into effect. As the population of St.
John’s encreased, and as the light of later times, which spreads every
where, had reached that place, it became necessary to have something
more than opinion and sufferance to found a judicial authority upon.
When _Admiral Milbanke_ was to set out to his government, in the summer
of 1789, he was strongly advised by his secretary, Mr. Graham, (who had
been secretary to the three preceding governors) to get something of a
court established, that might stand on unquestionable authority; and the
governor’s commission being searched for this purpose, it was found that
he had full power to appoint _judges, and in cases necessary, justices
of oyer and terminer, &c._ It was suggested to him, that _judges_,
contrasted as the word there seemed to be with _justices of oyer and
terminer_, ought to be considered as meaning something different from
such justices; and that being in a popular, untechnical sense, usually
applied to those who preside in the three courts in Westminster-hall, it
had grown in the minds of unprofessional men to signify more especially
judges in _civil_ matters; that it therefore seemed, the governor, by
these words, had authority to institute a court of _civil_ jurisdiction;
and he was accordingly advised to institute a court of _common pleas_ to
proceed by a jury in the manner of a court of common law in this kingdom.
[Sidenote: Justices appointed.]
This opinion upon the wording of the commission, was urged not to be
a strained exposition, to obtain _totidem verbis_, an authority which
perhaps might not have been intended to be given; but to be a necessary
one, and such alone, as could be drawn from the words. But those who
have read the foregoing history, of the first granting to the governor
the authority of appointing commissioners of oyer and terminer, will be
satisfied, when he reads the same words in the first commission granted
for that purpose, that they were designed to convey nothing more than
that simple authority. One may be a little surprised how a power of
appointing commissioners of oyer and terminer should be penned so as to
stand _judges, and in cases necessary justices of oyer and terminer_. But
it appears that in commissions to West India, and other governors, where
it was meant to convey the power of appointing standing _judges_, as well
as occasional _justices_, these words are to be found, placed in this
manner; and in the way precedents are followed, these words were copied,
where it was meant to appoint only justices of oyer and terminer, and
those occasionally.
[Sidenote: Complaints against it.]
The governor’s authority, whatever it might be, was actually carried into
effect, by an appointment of a court of common pleas, and judges, in
the summer 1789. This court of common pleas transacted business during
the following winter; but the western merchants preferred very heavy
complaints against the proceedings of this court; what they alledge
against it may be seen shortly stated in the representation afterwards
made by the committee of trade, and now printed by order of the House
of Commons. Their great objection, which they do _not_ state, but
which I will venture to do for them is this; that they now saw a court
established (as they believed) upon good authority, with which they could
not trifle, as they had been used to do with the feeble judicatures
before-mentioned; those inefficient courts they preferred, because they
could make use of them when they needed their assistance, and could
intimidate the justices, and obstruct their proceedings, whenever they
themselves were to be the objects of animadversion. They had been in
the habit of seeing this species of weakness and anarchy ever since
Newfoundland was frequented, from father to son; it was favourable to
their old impressions, that Newfoundland was _theirs_, and that all the
planters and inhabitants were to be spoiled and devoured at _their_
pleasure; in support of this, they had opposed, as we have seen, every
attempt at introducing order and government into that place. It was in
this spirit, that they questioned the king’s right to appoint a civil
governor, to appoint justices of the peace, to appoint commissioners of
oyer and terminer; that they complained of the custom-house, and even
talked of presenting it as a nuisance, because erected on ship’s room;
that they treated Stat. 15, Geo. 3, as destructive to the fishery,
because it compels the payment of servants’ wages; and that they brought
forward a bill in 1785, in order to expose the servants once more to the
will of their masters, as to the payment of their wages.
These clamours were backed with the popular representation, that the
fishery should be _free_, and that a fishery carried on from this
country, as the western merchants carried it on, was the old and true
policy for Newfoundland. But their claims to a free fishery seem to
be these; namely, to be free of all inspection from government; no
justices, no courts, no custom-house. This is what they mean, when they
wish all _restraints_ to be taken off the fishery, so as they may carry
it on upon the footing of Stat. 10 and 11 Will. 3.
[Sidenote: Representation.]
The pretences urged by the merchants against the court were seen through
by his majesty’s servants; but it appearing to the law-officers, that
the governor had not authority under the words of his commission before
observed upon, to institute that, or any other court, for civil causes;
and it appearing to the committee of council for trade, that _a court of
civil jurisdiction_ ought to be established there, they recommended to
his majesty to appoint or to authorise the governor, by proper words,
to appoint one; and this court, they recommended, should proceed in a
summary way. The opinion of the board on this matter will be better seen
in the _representation_ they made to his majesty, which was laid before
the house of commons, and has been printed by their order.
[Sidenote: An Act passed for a Court of Civil Judication.]
However, no court was then established; and the court of common pleas,
instituted by the governor, continued, during the year 1790, to
proceed as before. The subject was taken up by the committee of trade
in the year 1791; and a bill was presented to parliament, under their
direction, for instituting a court of the sort they had recommended in
the representation made in 1790. This bill passed into a law; and being
intended as an experiment of a new judicature, it was to endure for one
year only. The result of that experiment was to propose another bill in
the sessions of 1792, for instituting a court somewhat different from
that of the preceding bill. This also was only for a year.
It is now for the consideration of parliament finally to determine what
courts are to be established in the island for the administration of
justice in future.
_April 1793._
APPENDIX:
CONTAINING
The STATUTES relating to
NEWFOUNDLAND.
CONTENTS.
Stat. 10 & 11 _Gul._ III. Cap. 25. p. i.
Stat. 15 _Geo._ III. Cap. 31. xvi.
Stat. 26 _Geo._ III. Cap. 26. liii.
Stat. 28 _Geo._ III. Cap. 35. lxxxiv.
Stat. 29 _Geo._ III. Cap. 53. xci.
Stat. 31 _Geo._ III. Cap. 29. xcix.
Stat. 32 _Geo._ III. Cap. 46. civ.
APPENDIX.
10 & 11 _Gul._ III. Cap. 25.
_An act to encourage the Trade to ~Newfoundland~._
[Sidenote: Preamble. King’s subjects to have free trade to
_Newfoundland_. No alien to bait or fish in _Newfoundland_.]
Whereas the trade of and fishing at _Newfoundland_ is a beneficial trade
to this kingdom, not only in the imploying great numbers of seamen and
ships, and exporting and consuming great quantities of provisions and
manufactures of this realm, whereby many tradesmen and poor artificers
are kept at work, but also in bringing into this nation, by returns of
the effects of the said fishery from other countries, great quantities
of wine, oil, plate, iron, wool, and sundry other useful commodities, to
the increase of his Majesty’s revenue, and the encouragement of trade
and navigation; be it 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 from henceforth it shall and may be lawful for all
his Majesty’s subjects residing within this his realm of _England_,
or the dominions thereunto belonging, trading or that shall trade to
_Newfoundland_, and the seas, rivers, lakes, creeks, harbours in or about
_Newfoundland_, or any of the islands adjoining or adjacent thereunto, to
have, use, and enjoy, the free trade and traffick, and art of merchandize
and fishery, to and from _Newfoundland_, and peaceably to have, use,
and enjoy, the freedom of taking bait and fishing in any of the rivers,
lakes, creeks, harbours, or roads, in or about _Newfoundland_, and the
said seas, or any of the islands adjacent thereunto, and liberty to go
on shore on any part of _Newfoundland_, or any of the said islands,
for the curing, salting, drying, and husbanding of their fish, and for
making of oil, and to cut down wood and trees there for building and
making or repairing of stages, ship-rooms, train-fats, hurdles, ships,
boats, and other necessaries for themselves and their servants, seamen,
and fishermen, and all other things which may be useful or advantageous
to their fishing trade, as fully and freely as at any time heretofore
have been used or enjoyed there by any of the subjects of his Majesty’s
royal predecessors, without any hindrance, interruption, denial, or
disturbance of or from any person or persons whatsoever; and that no
alien or stranger whatsoever, (not residing within the kingdom of
_England_, dominion of _Wales_, or town of _Berwick upon Tweed_), shall
at any time hereafter take any bait, or use any sort of trade or fishing
whatsoever in _Newfoundland_, or in any of the said islands or places
above-mentioned.
[Sidenote: No ballast, _&c._ to be thrown out of any ship into the
harbours, but carried on shore.]
2. And for the preserving the said harbours from all annoyances; be it
further enacted by the authority aforesaid, That from and after the
twenty-fifth day of _March_ one thousand seven hundred now next coming,
no ballast, prest stones, or any thing else hurtful to or annoying any
of the harbours there, shall be thrown out of any ship or otherwise, by
any person or persons whatsoever to the prejudice of any of the said
harbours, but that all such ballast and other things shall be carried on
shore, and be laid where they may do no annoyance.
[Sidenote: No person to destroy any stage or cook-room, _&c._ Stages to
be repaired with timber.]
3. And be it further enacted by the authority aforesaid, That no person
or persons whatsoever shall (at his departure out of the said country,
or at any other time) destroy, deface, or do any detriment to any such
stage or cook room, or to the flakes, spikes, nails, or any other thing
whatsoever thereto belonging, as he or they shall fall into at his or
their coming into the said country, but that he or they shall (during
his or their stay there) content him and themselves with such stage or
stages only as are needful for him or them, and shall also (at his or
their departure thence) leave all such his or their stage or stages,
without doing, or causing to be done, any wilful damage to any of them;
and that for the repairing of such stage or stages as he or they shall so
take, during his or their abode there, the same shall be done with timber
fetcht out of the woods there, and not by the ruining, breaking down,
demolishing, prejudicing, or anywise injuring the stage or stages of any
other person or persons whatsoever.
[Sidenote: Every fishing ship first entering harbour, shall be admiral
during that fishing season, _etc._ Second ship vice admiral. Next ship
rear admiral. Person possessed of several places shall make his election
which to abide in, and give his resolution to any after-comer in 48 hours
after demand. In case of difference, admirals to proportion the place.]
4. And be it further enacted by the authority aforesaid, That (according
to the ancient custom there used) every such fishing ship from _England_,
_Wales_, or _Berwick_, or such fisherman as shall, from and after the
said twenty-fifth day of _March_, first enter any harbour or creek in
_Newfoundland_, in behalf of his ship, shall be admiral of the said
harbour or creek during that fishing season, and for that time shall
reserve to himself only so much beech or flakes, or both, as are needful
for the number of such boats as he shall there use, with an overplus
only for the use of one boat more than he needs, as a privilege for his
first coming thither; and that the master of every such second fishing
ship, as shall enter any such harbour or creek, shall be vice admiral of
such harbour or creek during that fishing season; and that the master
of every such fishing ship next coming, as shall enter any such harbour
or creek, shall be rear admiral of such harbour or creek during that
fishing season; and that the master of every fishing ship there shall
content himself with such beech or flakes, as he shall have necessary
use for, without keeping or detaining any more beech or flakes, to the
prejudice of any such other ship or vessel as shall arrive there; and
that such person or persons, as are possessed of several places in
several harbours or creeks there, shall make his or their election of
such place as he or they shall chuse to abide in; and shall also, within
eight and forty hours after any after-comer or after-comers into such
place or places shall demand such his or their resolution touching such
his or their election (if the weather will so soon permit, or so soon
after as the weather will permit) give or send his or their resolution
to such after-comer or after-comers, touching such his or their election
of such place as he or they shall so chuse to abide in for the fishing
season, to the end that such after-comer or after-comers may likewise
chuse his or their place or places of his or their abode there; and in
case any difference shall arise touching the said matters, the admirals
of the respective harbours where such differences shall arise, or any two
of them, shall proportion the place to the several ships in the several
harbours they fish in, according to the number of boats which each of the
said ships shall keep.
[Sidenote: Persons who, since 1685, have detained any stage, cook-room,
_etc._ shall relinquish the same, to the publick use of fishing ships,
_etc._]
5. And whereas several inhabitants in _Newfoundland_, and other persons,
have, since the year of our Lord one thousand six hundred eighty-five,
ingrossed and detained in their own hands, and for their own private
benefit, several stages, cook-rooms, beeches, and other places in the
said harbours and creeks, (which, before that time belonged to fishing
ships) for taking of bait, and fishing and curing their fish, to the
great prejudice of the fishing ships that arrive there in the fishing
season, and sometimes to the overthrow of some of their voyages, and to
the great discouragement of the traders there; be it further enacted by
the authority aforesaid, That all and every such person and persons, as
since the said year of our Lord one thousand six hundred eighty-five,
have or hath taken, seized, or detained any such stage, cook-room, beech,
or other place, for taking bait or fishing, or for the drying, curing,
or husbanding of fish, shall, on or before the said twenty-fifth day of
_March_, relinquish, quit, and leave, to the publick use of the fishing
ships arriving there, all and every the said stages, cook-rooms, beeches,
and other places, for taking bait and fishing, and for the dying, curing
and husbanding of fish.
[Sidenote: No fisherman or inhabitant of _Newfoundland_ to possess any
stage, _etc._ until all fishing ships be provided, _etc._]
6. And for the preventing the ingrossing, and detaining, of all such
stages, cook-rooms, beeches, and other places, by any person or persons
for the time to come; be it enacted by the authority aforesaid, That
no fisherman or inhabitant in _Newfoundland_, or any other person or
persons whatsoever, shall, at any time after the said twenty-fifth day
of _March_, seize, take up, or possess any of the stages, cook-rooms,
beeches, or other places, which, at any time since the said year of our
Lord one thousand six hundred eighty-five, did or at any time hereafter
shall belong to any fishing ship or ships, for taking bait or fishing,
or for drying, curing, or husbanding of fish, before the arrival of
the fishing ships out of _England_, _Wales_, and _Berwick_, and until
all such ships shall be provided with stages, cook-rooms, beeches, and
other places, for taking bait and fishing, and for drying, curing and
husbanding of fish.
[Sidenote: Proviso.]
7. Provided always, That all such persons as since the twenty-fifth day
of _March_ one thousand six hundred eighty-five, have built, cut out,
or made, (or at any time hereafter shall build, cut out, or make), any
houses, stages, cook-rooms, train-fats, or other conveniences for fishing
there, that did not belong to fishing ships since the said year one
thousand six hundred eighty-five, shall and may peaceably and quietly
enjoy the same to his or their own use, without any disturbance of or
from any person or persons whatsoever.
[Sidenote: By-boat keepers not to meddle with house, stage, _etc._
belonging to any fishing ships.]
8. And be it further enacted by the authority aforesaid, That all
and every person or persons whatsoever, that shall go over with their
servants to _Newfoundland_, to keep boats on a fishing voyage, commonly
called _By-boat keepers_, shall not pretend to or meddle with any house,
stage, cook-room, train-fat, or other conveniency, that did belong to
fishing ships, since the year one thousand six hundred eighty-five, or
shall be cut out or made by ships, from and after the said twenty-fifth
day of _March_, one thousand seven hundred.
[Sidenote: And to carry two fresh men in six. Inhabitant obliged to
imploy two such fresh men. Master of fishing ship to carry one fresh man
in five: and make oath thereof. Certificate _gratis_.]
9. And be it further enacted by the authority aforesaid, That every
master of a by-boat or by-boats shall carry with him at least two fresh
men in six, (viz.) one man that hath made no more than one voyage, and
one man who hath never been at sea before; and that every inhabitant
shall be obliged to employ two such fresh men, as the by-boat keepers are
obliged for every boat kept by them; and further, that all masters of
fishing ships shall carry with them, in their ship’s company, at least
one such fresh man that never was at sea before, in every five men they
carry; and that the master of each such by-boat, and each such fishing
ship, shall make oath before the collector, or other principal officer of
the customs of the port or ports from whence such ship intends to sail,
that each ship and by-boat’s company have such fresh men therein as this
act directs; and that the said officer or officers is and are hereby
impowered and required to administer the aforesaid oath to the said
masters of ships and by-boats, and give a certificate thereof under his
hand, without any fee, gratuity, or reward for so doing.
[Sidenote: Every fifth man a green-man.]
10. And be it further enacted by the authority aforesaid, That every
master or owner of any fishing ship going to _Newfoundland_ (after the
said twenty-fifth day of _March_), shall have in his ship’s company every
fifth man a green-man (that is to say) not a seaman, or having been ever
at sea before.
[Sidenote: Marks of boats or train-fats not to be obliterated, _etc._
without consent of owner.]
11. And be it further enacted by the authority aforesaid, That no person
or persons whatsoever shall at any time, after the said twenty-fifth day
of _March_, obliterate, expunge, cut out, deface, or any wise alter or
change the mark or marks of any boat or boats, train-fat, or train-fats,
belonging to any other person or persons, whereby to defraud or prejudice
the right owner or owners thereof, nor convert to his or their own use
any boat or boats, train-fat or train-fats, belonging to any other person
or persons, without his or their consent and approbation, nor remove
nor take away any such boat or train-fat from the place or places where
they shall be left by the owner or owners thereof, except in case of
necessity, and also upon giving notice thereof to the admiral of the
harbour or place where such boat or train-fat shall be left by the owner
or owners, to the end that the right owners thereof may know what is
become of them.
[Sidenote: Standing trees not to be rinded, nor woods fired. Necessary
fuel excepted, _etc._ Sayns not to be annoyed, nor nets, baits, _etc._
stolen.]
12. And be it enacted by the authority aforesaid, That no person or
persons whatsoever shall, at any time after the said twenty-fifth day
of _March_, rind any of the trees there standing or growing upon any
occasion whatsoever, nor shall by any ways or means whatsoever set on
fire any of the woods of the said country, or do, or cause to be done,
any damage, detriment, or destruction to the same, for any use or uses
whatsoever, except only for necessary fuel for the ships and inhabitants,
and for the building and necessary repairs of houses, ships, boats, and
train-fats, and of the stages, cook-rooms, beeches, and other places,
for taking bait and fishing, and for drying, curing, and husbanding
fish there; and also that no person or persons whatsoever shall, at any
time after the said twenty-fifth day of _March_, cast anchor, or do any
other matter or thing, to the annoyance or hindring of the haling of
sayns in the accustomary baiting places, or shoot his or their sayn or
sayns within or upon the sayn or sayns of any other person or persons
whatsoever; and also that no person or persons whatsoever shall, at any
time after the said twenty-fifth day of _March_, steal, purloin, or take
out of the net or nets of any other person or persons whatsoever, lying
adrift, or drover for bait by night, nor steal, purloin, or take away
any bait out of any fishing boat or boats, or any net or nets belonging
to any other person or persons.
[Sidenote: Robberies, _etc._ in _Newfoundland_ may be tried in any county
in _England_, by commission of _oyer_ and _terminer_.]
13. And whereas several persons that have been guilty of thefts,
robberies, murders, and other felonies, upon the land in _Newfoundland_,
and the islands thereunto adjacent, have many times escaped unpunished,
because the trial of such offenders hath heretofore been ordered and
adjudged in no other court of justice, but before the Lord High Constable
and Earl Marshal of _England_; for reformation thereof, and for the more
speedy and effectual punishment of such offences for the time to come,
be it enacted by the authority aforesaid, That all robberies, murders,
and felonies, and all other capital crimes whatsoever, which, at any
time or times after the said twenty-fifth day of _March_, shall be done
and committed in or upon the land in _Newfoundland_, or in any of the
Islands thereunto belonging, shall and may be inquired of, tried, heard,
determined, and adjudged in any shire or county of this kingdom of
_England_, by virtue of the King’s commission or commissions of _oyer_
and _terminer_, and gaol delivery, or any of them, according to the
laws of this land used for the punishment of such robberies, murders,
felonies, and other capital crimes done and committed within this realm.
[Sidenote: Admirals in _Newfoundland_ to see the rules, _etc._ in this
act executed, keep a journal, _etc._ and deliver a copy thereof to the
Privy Council.]
14. And be it further enacted by the authority aforesaid, That the
admirals of and in every port and harbour in _Newfoundland_, for the time
being, be and are hereby authorised and required (in order to preserve
peace and good government amongst the seamen and fishermen, as well in
their respective harbours, as on the shore) to see the rules and orders
in this present act contained, concerning the regulation of the fishery
there, duly put in execution; and that each of the said admirals do
yearly keep a journal of the number of all ships, boats, stages, and
train-fats, and of all the seamen belonging to and imployed in each of
their respective harbours, and shall also (at their return to _England_)
deliver a true copy thereof, under their hands, to his Majesty’s most
honourable Privy Council.
[Sidenote: Admirals to determine differences between masters of fishing
ships and inhabitants. Party aggrieved may appeal.]
15. And be it further enacted by the authority aforesaid, That in case
any difference or controversy shall arise in _Newfoundland_, or the
islands thereunto adjoining, between the masters of fishing ships and the
inhabitants there, or any by-boat keeper, for or concerning the right
and property of fishing rooms, stages, flakes, or any other building
or conveniency for fishing or curing of fish, in the several harbours
or coves, the said differences, disputes, and controversies, shall be
judged and determined by the fishing admirals, in the several harbours
and coves; and in case any of the said masters of fishing ships, by-boat
keepers, or inhabitants, shall think themselves aggrieved by such
judgement or determination, and shall appeal to the commanders of any of
his Majesty’s ships of war, appointed as convoys for _Newfoundland_, the
said commander is hereby authorised and impowered to determine the same,
pursuant to the regulation in this act.
[Sidenote: Inhabitants to observe the Lord’s Day, and not sell any
liquors thereon.]
16. And to the end that the inhabitants, fishermen, seamen, and all and
every other person and persons residing or being at _Newfoundland_, or
any the said islands, or other places, may with all devotion join their
solemn prayers and addresses to Almighty God, for the obtaining of his
blessing upon their persons and endeavours; be it hereby enacted, That
all and every the inhabitants of _Newfoundland_, or the said islands
or places adjacent near thereto, shall strictly and decently observe
every Lord’s Day, commonly called _Sunday_, and that none of the said
inhabitants (who keep any tavern, alehouse, or other publick house for
entertainment) shall entertain or sell, vend, utter, or dispose of, to
any fisherman, seaman, or other person whatsoever, upon any Lord’s Day or
_Sunday_, any wine, beer, ale, cyder, strong waters, or tobacco, or any
other liquor or liquors whatsoever.
[Sidenote: 8 & 9 _W._ III. _c._ 24. 9 & 10 _W._ III. _c._ 23. Whale fins,
oil, and blubber, imported by _Greenland_ merchants, not liable to the
duty of 12_d._ _per_ lb. charged in the tunnage acts, nor for whale fins,
_etc._ taken in _Newfoundland_.]
17. And whereas by an act of Parliament, made in the eighth and ninth
years of his Majesty’s reign, intituled, _An act for granting to his
Majesty a further subsidy of tunnage and poundage upon merchandizes
imported, for the term of two years and three quarters, and an additional
land tax for one year for carrying on the war against ~France~_; and by
another act, made in the ninth and tenth years of his Majesty’s reign,
intituled, _An act for granting to his Majesty a further subsidy of
tunnage and poundage, towards the raising a yearly sum of seven hundred
thousand pounds, for the service of his Majesty’s household, and other
uses therein mentioned, during his Majesty’s life_, an additional
duty of twelve-pence on every twenty shillings value of all goods and
merchandizes imported (all manner of fish _English_ taken excepted) is
granted to his Majesty, his heirs and successors: And whereas some doubt
hath arisen, whether oil, blubber, and fins, taken and imported by the
company of merchants of _London_ trading to _Greenland_, are not liable
to the said duty; be it therefore enacted by the authority aforesaid,
That all whale fins, oil, and blubber, taken and imported by the ships of
the company of merchants of _London_ trading to _Greenland_, were not nor
are intended to be charged or made liable to the duty of twelve-pence for
every twenty shillings value of goods imported, charged in the aforesaid
acts, but that the whale fins, oil, and blubber, taken and imported
as aforesaid, and also all whale fins, oil, and blubber of _English_
fishing, taken in the seas of _Newfoundland_, or any of the seas
belonging to any of his Majesty’s plantations or colonies, and imported
into this kingdom by any of his Majesty’s subjects in _English_ shipping,
were, and are hereby declared to be free of the said duties, as all fish
of _English_ taking; the aforesaid acts, or any thing therein contained
to the contrary in any-wise notwithstanding.
15 GEO. III. Cap. 31.
_An act for the encouragement of the Fisheries carried on
from ~Great Britain~, ~Ireland~, and the ~British~ Dominions
in ~Europe~, and for securing the return of the fishermen,
sailors, and others employed in the said fisheries, to the
ports thereof, at the end of the fishing season._
[Sidenote: Preamble. After _Jan. 1, 1776_, bounties to be given
to vessels fitted out from _Great Britain_ or _Ireland_ for the
_Newfoundland_ fishery, qualified as by act 10 & 11 _Gul._ III.
Certificates to be produced to the collector of customs from the governor
of _Newfoundland_, of the qualification of ships, _&c._ Masters and mates
to make oath. Certificates and oaths to be granted and administered
without fee. Collectors of customs to pay the bounties.]
Whereas the fisheries carried on by his Majesty’s subjects of _Great
Britain_, and of the _British_ dominions in _Europe_ have been found
to be the best nurseries for able and experienced seamen, always ready
to man the royal navy when occasions require; and it is therefore of
the highest national importance to give all due encouragement to the
said fisheries, and to endeavour to secure the annual return of the
fishermen, sailors, and others employed therein, to the ports of _Great
Britain_, and of his Majesty’s dominions before-mentioned, at the end
of every fishing season: Now, in order to promote these great and
important purposes, and with a view, in the first place, to induce his
Majesty’s subjects to proceed early from the ports of _Great Britain_
to the banks of _Newfoundland_, and thereby to prosecute the fishery on
the said banks to the greatest advantage, may it please Your Majesty
that it may be enacted; and be it 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, from and after the first day of
_January_ one thousand seven hundred and seventy-six, the respective
bounties herein-after mentioned shall be paid and allowed annually, for
eleven years, for a certain number of ships or vessels employed in the
_British_ fishery on the banks of _Newfoundland_, under the limitations
and restrictions herein-after expressed; that is to say, such vessels
shall appear by their register to be _British_ built, and owned by his
Majesty’s subjects residing in _Great Britain_ or _Ireland_, or the
islands of _Guernsey_, _Jersey_, or _Man_; and be of the burthen of
fifty tons or upwards, and navigated with not less than fifteen men
each, three-fourths of whom, besides the master, shall be his Majesty’s
subjects; and in other respects qualified, and subject to the same
rules and restrictions, as are described by an act, made in the tenth
and eleventh years of the reign of the late King _William_ the third,
(intituled, _An act to encourage the trade to ~Newfoundland~_); and shall
be fitted and cleared out from some port in _Great Britain_ after the
said first day of _January_ one thousand seven hundred and seventy-six,
and after that day in each succeeding year, and shall proceed to the
banks of _Newfoundland_; and having catched a cargo of fish upon those
banks, consisting of not less than ten thousand fish by tale, shall
land the same at one of the ports on the southern or eastern side of
the island of _Newfoundland_, between _Cape Ray_ and _Cape de Grat_,
on or before the fifteenth day of _July_ in each year; and shall make
one more trip at least to the said banks, and return with another cargo
of fish catched there to the same port; in which case, the twenty-five
vessels first arriving at the said island of _Newfoundland_ from the
banks thereof, with a cargo of fish catched there, consisting of ten
thousand fish by tale at the least, and after landing the same at one of
the ports within the limits before mentioned in _Newfoundland_, shall
proceed again to the said banks, and return to the said island with
another cargo of fish, shall be intitled to forty pounds each; and one
hundred vessels which shall so arrive the next in order of time, on or
before the said fifteenth day of _July_ in each year, at the said island,
with a like cargo, and shall proceed again to the said banks, and return
from thence in the manner herein-before mentioned, shall be intitled
to twenty pounds each; and one hundred other vessels which shall so
arrive the next in order of time, on or before the said fifteenth day of
_July_ in each year, at the said island, with a like cargo, and shall
proceed again to the said banks, and return from thence in the manner
herein-before mentioned, shall be intitled to ten pounds each, upon
the master or owner of such vessel’s producing to the collector of his
Majesty’s customs at the port in _Great Britain_ from whence such vessel
was cleared out a certificate, under the hand and seal of the governor
of _Newfoundland_, that the master of such vessel had produced to him
a certificate under the hands of the collector and comptroller of the
customs at the port from whence such vessel was cleared out, testifying
that such vessel was duly qualified to proceed on such fishery, in
pursuance of the before-mentioned act, made in the tenth and eleventh
years of King _William_ the third; and that it has been made appear to
his satisfaction, by a certificate under the hand and seal of the naval
officer of the district in _Newfoundland_, where such fish was landed, or
where there is no naval officer, under the hand and seal of the commander
of any of his Majesty’s ships stationed there, or of such officer as the
governor shall approve, specifying the time of such vessel’s arrival, in
manner before directed, that such vessel was intitled by the priority and
time of her arrival to one or other of the bounties therein mentioned,
as the fact may be; and that the master and mate of such vessel had made
oath before such naval or other officer as aforesaid, that the number of
fish taken on the first trip amounted to ten thousand at least by tale,
that he had made two trips at least, and that all the fish on both trips
were catched on the banks of _Newfoundland_; which certificate and oath
the said governor and naval or other officer as aforesaid are hereby
impowered and required to grant and administer to the master and mate
of such vessel without fee or reward; and upon delivering up the said
certificate to such collector, the respective bounties therein mentioned
shall be paid by such collector out of any money remaining in his hands
arising by the duties of customs or other subsidies upon foreign goods
imported into this kingdom; and in case such collector shall not have
sufficient money in his hands to pay the said bounties, he shall certify
the same to the commissioners of his Majesty’s customs in _England_ or
_Scotland_ respectively, who are hereby authorised and required to order
the same to be paid by the receiver general of the customs, out of any
money in his hands arising by any of the duties and revenues under their
management respectively.
[Sidenote: Any part of _Newfoundland_ not in use may be used for curing
and drying fish.]
2. And be it further enacted by the authority aforesaid, That for the
better accommodation of the persons belonging to vessels employed in the
_Newfoundland_ fishery, it shall and may be lawful for the masters and
crews belonging to any vessels fitted out and employed in that fishery in
pursuance of this or any other act, to occupy and use, for the purpose
of curing, salting, drying, and husbanding their fish, any vacant or
void space whatever on any part of _Newfoundland_ which is not then
occupied and used for the said fishery, without any let, disturbance,
or hinderance, from any person or persons whatsoever, although such
unoccupied places may not before have been reputed ships rooms; and all
such unoccupied places shall from henceforth be deemed and taken to be
ships rooms, any custom or usage to the contrary notwithstanding.
[Sidenote: What bounties are to be given to ships fitted out for the
whale fishery. Masters and mates making oath, _etc._ Receiver general of
his Majesty’s customs to pay the bounties.]
3. And in order to induce his Majesty’s subjects in _Great Britain_
and _Ireland_, and the islands of _Guernsey_, _Jersey_, and _Man_, to
carry on the whale fishery on the coasts of _Newfoundland_, and the
seas adjacent, be it further enacted by the authority aforesaid, That
the several bounties hereafter mentioned shall be allowed annually,
for eleven years, for five vessels employed in that fishery, under the
limitations and restrictions herein-after expressed; that is to say,
such vessels shall appear by their register to be _British_ built, and
owned by his Majesty’s subjects residing in _Great Britain_, _Ireland_,
or the islands of _Guernsey_, _Jersey_, or _Man_, and navigated with
three fourths of his Majesty’s subjects of _Great Britain_, _Ireland_,
or the islands of _Guernsey_, _Jersey_, or _Man_, besides the master,
and shall be fitted and cleared out from some port in _Great Britain_
or _Ireland_, or the islands of _Guernsey_, _Jersey_, or _Man_, after
the first day of _January_ one thousand seven hundred and seventy-six,
and after that day in each succeeding year, and shall take and kill
one whale at least in the _Gulph of Saint Lawrence_, or on the coasts
of _Labrador_, _Newfoundland_, or in any seas to the southward of the
_Greenland_ seas and _Davis’s Streights_, and shall return within the
same year to some port in _England_ with the oil of such whale or whales
so taken as aforesaid; and on the master and mate of such vessel, and
two of the mariners belonging to her, making oath before the collector
and comptroller of the customs at the port of her arrival (which oath
they are hereby authorised and required to administer), that such oil is
the produce of one or more whale or whales taken and killed by the crew
then belonging to such vessel, mentioning the time when she departed
from _Great Britain_, _Ireland_, or the islands of _Guernsey_, _Jersey_,
or _Man_, and from what port, and the time and place where such whale
or whales was or were taken and killed, such oil may be landed without
payment of any duty whatsoever; and the collector and comptroller of such
port shall thereupon forthwith transmit such oath to the commissioners of
his Majesty’s customs at _London_, any four or more of whom are hereby
authorised and required to order the receiver general of his Majesty’s
customs to pay, out of any money in his hands arising by any duties under
their management, for the vessel which shall so arrive in each year with
the greatest quantity of oil taken as aforesaid, five hundred pounds; for
the vessel which shall in like manner arrive in the same year with the
next greatest quantity of oil so taken as aforesaid, four hundred pounds;
for the vessel which shall in like manner arrive in the same year with
the next greatest quantity of oil so taken as aforesaid, three hundred
pounds; for the vessel which shall in like manner arrive in the same year
with the next greatest quantity of oil so taken as aforesaid, two hundred
pounds; and for the vessel which shall so arrive in the same year with
the next greatest quantity of oil so taken as aforesaid, one hundred
pounds; the said oil so to be imported by each of the said vessels being
the produce of one whale at the least; which said several and respective
bounties shall be paid by such receiver general, within two months after
the expiration of each year in which such vessel shall arrive, to the
owner or owners of such vessels so intitled thereto, or their assigns
duly authorised to demand the same.
[Sidenote: What persons are intitled to the privilege of drying fish on
the banks of _Newfoundland_.]
4. And in order to obviate any doubts that have arisen, or may arise,
to whom the privilege or right of drying fish on the shores of
_Newfoundland_ does or shall belong, under the before mentioned act,
made in the tenth and eleventh year of the reign of King _William_ the
third, which right or privilege has hitherto only been enjoyed by his
Majesty’s subjects of _Great Britain_, and the other _British_ dominions
in _Europe_; be it enacted and declared by the authority aforesaid,
That the said right and privilege shall not be held and enjoyed by any
of his Majesty’s subjects arriving at _Newfoundland_ from any other
country except from _Great Britain_, or one of the _British_ dominions in
_Europe_.
[Sidenote: Provisions, and all necessaries for fishing may be exported
from _Ireland_ and the _Isle of Man_, to _Newfoundland_, being _British_
or _Irish_ product or manufacture.]
5. And it is hereby further enacted by the authority aforesaid, That it
shall and may be lawful for any of his Majesty’s subjects residing in
_Ireland_ to ship and lade there, and to transport directly from thence
to _Newfoundland_, or to any part of _America_ where the fishery is now
or shall hereafter be carried on, on board any ship or vessel which
may lawfully trade or fish there, any provisions, and also any hooks,
lines, netting, or other tools or implements necessary for and used in
the fishery by the crews of the ships or vessels carrying out the same,
and the craft belonging to and employed by such ships or vessels in the
said fishery, such provisions, hooks, lines, netting, or other tools
or implements, being the product and manufacture of _Great Britain_ or
_Ireland_, and that it shall and may be lawful for any of his Majesty’s
subjects residing in the _Isle of Man_, in like manner to export directly
from thence any of the articles herein-before mentioned for the purpose
aforesaid, such articles being the product or manufacture of _Great
Britain_, or the said _Isle of Man_, any law, custom, or usage, to the
contrary notwithstanding.
[Sidenote: Masters of vessels to produce certificates from the officer
of customs, that the provisions, _&c._ are the product, _&c._ of _Great
Britain_ or _Ireland_. On failure, _&c._ the ship to be forfeited.]
6. Provided always, and it is hereby further enacted by the authority
aforesaid, That the master or other person taking charge of such ship or
vessel shall produce to the proper officer of the customs in the colony
or plantation where he shall arrive a certificate, under the hand and
seal of the collector or other principal officer of the customs in the
port where he shall have fitted out, that oath hath been made before
him by the shipper of such provisions, hooks, lines, netting, or other
tools and implements, that the same are of the product and manufacture of
_Great Britain_ or _Ireland_, or the _Isle of Man_ respectively, as the
fact may be, and that the several articles before mentioned, (except the
provisions), specifying the quantities and particulars of each sort, are
to be used in the fishery by the crews of the respective ship or vessel
carrying out the same, and by the craft belonging to and to be employed
by such ship or vessel in the said fishery, and for no other use or
purpose whatsoever, (which oath and certificate such collector or other
officer is hereby authorised and required to administer and grant without
fee or reward); and on failure of producing such certificate, or if any
such hooks, lines, netting, tools and implements, are used or disposed of
for any other purpose, the same, and the ship or vessel having the same
on board, shall be liable to be seized and forfeited in the same manner
as they would have been subject and liable if this act had not been made,
any thing herein contained to the contrary notwithstanding.
[Sidenote: No fishing ships, or any craft carrying necessaries for the
fishery, to be liable to any restraint as to time of working, nor to make
any entry at the customhouse, _&c._]
7. And it is hereby further enacted by the authority aforesaid, That,
from and after the first day of _January_ one thousand seven hundred
and seventy-six, all vessels fitted and cleared out as fishing ships in
pursuance of this act, or of the before-mentioned act, made in the tenth
and eleventh years of the reign of the late King _William_ the third,
and which shall be actually employed in the fishery there, or any boat
or craft whatsoever employed in carrying coastwise, to be landed or put
on board any ships or vessels, any fish, oil, salt provisions, or other
necessaries, for the use and purpose of that fishery, shall not be liable
to any restraint or regulation with respect to days or hours of working,
nor to make any entry at the customhouse at _Newfoundland_, except a
report to be made by the master on his first arrival there, and at his
clearing out from thence; and that a fee not exceeding two shillings
and sixpence shall and may be taken by the officers of the customs at
_Newfoundland_ for each such report; and that no other fee shall be taken
or demanded by any officer of the customs there, upon any other pretence
whatsoever, relative to the said fishery, any law, custom, or usage, to
the contrary notwithstanding.
[Sidenote: If ships have on board any other goods than fish or oil, _&c._
they shall be under the usual restrictions, _&c._]
8. Provided always, and be it enacted, That in case any such fishing
ship or vessel shall at her last clearing out from the said island
of _Newfoundland_ have on board, or export any goods or merchandise
whatsoever, except fish, or oil made of fish, such ship or vessel,
and the goods thereon laden, shall be subject and liable to the same
securities, restrictions, and regulations, in all respects, as they would
have been subject and liable to if this act had not been made, any thing
herein-before contained to the contrary notwithstanding.
[Sidenote: Act 25 _Car._ II. allowing train oil, _&c._ to be imported
duty-free, recited, and after _Sept. 1, 1775_, extended to all ships
belonging to _Great Britain_, _Ireland_, _Guernsey_, _&c._]
9. And whereas by an act, made in the twenty-fifth year of the reign of
King _Charles_ the second, (intituled, _An act for the encouragement of
the ~Greenland~ and ~Eastland~ Trades, and for the better securing the
plantation trade_), and by other acts of parliament, it is lawful for
any person or persons to import into _England_ train oil or blubber of
_Greenland_, and parts adjacent, and those seas, or of _Newfoundland_,
or of any other his Majesty’s colonies and plantations, made of fish, or
of any other creature living in the seas, and whale fins caught in any
ships or vessels truly and properly belonging to _England_ or _Wales_,
or town of _Berwick upon Tweed_, and imported in such ships, without
paying any custom or duty for the same, which liberty, by a subsequent
act of parliament, is extended to ships belonging to _Great Britain_; and
it is reasonable that the same indulgence should be extended to oil and
blubber of fish, and other creatures living in the sea, and to whale fins
caught in any part of the ocean by ships belonging to _Great Britain_,
_Ireland_, and the islands of _Guernsey_, _Jersey_, and _Man_; be it
therefore enacted by the authority aforesaid, That, from and after the
first day of _September_ one thousand seven hundred and seventy-five,
the liberty granted by the said act to import into this kingdom oil or
blubber of fish, or other creatures living in the sea, or whale fins
taken within the limits therein mentioned, duty-free, shall extend, and
be construed to extend, to such oil or blubber, or whale fins, as shall
be so taken in any part of the ocean by, and imported in any ship or
vessel truly and properly belonging to his Majesty’s subjects of _Great
Britain_, _Ireland_, or the islands of _Guernsey_, _Jersey_, or _Man_,
any law, custom, or usage, to the contrary notwithstanding.
[Sidenote: After _Sept. 1, 1775_, undressed seal skins may be imported
duty-free.]
10. And it is hereby further enacted by the authority aforesaid, That,
from and after the first day of _September_ one thousand seven hundred
and seventy-five, it shall and may be lawful for any person or persons
to import into this kingdom any raw and undressed seal skins taken and
caught by the crews of vessels belonging to and fitted out either from
_Great Britain_, _Ireland_, or the islands of _Guernsey_, _Jersey_, or
_Man_ respectively, and whereof the captain or master and three-fourths
at the least of the mariners are his Majesty’s subjects, or by persons
employed by the masters or owners of such vessels, without paying any
custom, subsidy, or other duty for the same, any law or usage to the
contrary notwithstanding.
[Sidenote: Not to extend to any seal skins except those imported by ships
qualified as aforesaid, and duly entered at the customhouse, _&c._]
11. Provided always, That nothing in this act shall extend, or be
construed to extend, to give liberty of importing any such seal skins
duty-free, unless the captain or person having the charge or command
of such ship or vessel importing the same shall make oath before the
collector or other principal officer of the customs at the port of
importation, (who is hereby authorised and required to administer such
oath), that all the skins imported in such ship or vessel were really and
_bona fide_ the skins of seals taken and caught by the crews thereof, or
by persons employed by the master or owner of such ship or vessel, or of
some other ship or vessel qualified as aforesaid; and such seal skins
shall be also duly entered at the customhouse for the said port, and
landed in the presence of the proper officer or officers of the customs
appointed for that purpose; and on failure of any of these conditions,
such skins shall be liable to pay the same duties as they would have been
subject and liable to if this act had not been made, any thing herein
contained to the contrary notwithstanding.
[Sidenote: No shipmaster to carry any fishermen, _&c._ as passengers to
any part of the continent of _America_ without permission, under the
penalty of 200_l._]
12. And whereas it has been a practice of late years for divers persons
to seduce the fishermen, sailors, artificers, and others employed in
carrying on the fishery, arriving at _Newfoundland_, on board fishing
and other vessels from _Great Britain_, and the _British_ dominions in
_Europe_, to go from thence to the continent of _America_, to the great
detriment of the fishery, and the naval force of this kingdom: Now, in
order to remedy the said evil, and to secure the return of the said
fishermen, sailors, artificers, and others, employed as aforesaid, to the
_British_ dominions in _Europe_, be it further enacted by the authority
aforesaid, That, from and after the first day of _January_ one thousand
seven hundred and seventy-six, it shall not be lawful for the master,
or person having the charge or command of any ship or vessel trading
to or from any place within the government of _Newfoundland_, to carry
or convey, as passengers, any such fishermen, sailors, artificers, and
others, employed as aforesaid, from thence to any part of the continent
of _America_, without the permission under the hand and seal of the
governor of the said island of _Newfoundland_, under the penalty of
forfeiting two hundred pounds for every such offence.
[Sidenote: Regulations for persons employing seamen or fishermen at
_Newfoundland_.]
13. And whereas in several acts, passed in the eleventh and twelfth
years of _William_ the third, the eighth of _George_ the first, and
second and twelfth of _George_ the second, provision has been made to
prevent seamen and mariners in the merchant service being wilfully left
beyond sea, and to secure and provide for their return home to such part
of his Majesty’s dominions whereto they belong: and whereas, for want
of such provisions being extended to seamen and fishermen going out as
passengers to _Newfoundland_, and hired and employed in the fisheries
carried on there, great numbers of them remain in that country at the
end of every fishing season, who would otherwise return home, and some
of them have frequently turned robbers and pirates; for remedy of which
evil, be it enacted by the authority aforesaid, That no person or
persons whatsoever shall, from and after the first day of _January_ one
thousand seven hundred and seventy-six, employ, or cause to be employed
at _Newfoundland_, for the purpose of carrying on the fishery there, any
seaman or fisherman going as passengers, or any seaman or fisherman hired
there, without first entering into an agreement or contract in writing
with every such seaman or fisherman, declaring what wages such seaman or
fisherman is to have, and the time for which he shall serve, which shall
be signed by both parties; wherein it shall be stipulated (amongst other
things) that the person so hiring or employing shall be at liberty to
reserve, retain, and deduct, and he is hereby authorised, required, and
directed to reserve, retain, and deduct, out of the wages of every person
so hired or employed, a sum of money equal to the then current price of
a man’s passage home, not exceeding forty shillings for each man, which
money such hirer or employer shall, at the end of each fishing season,
or at the expiration of the covenanted time of service of such seaman or
fisherman, pay, or cause to be paid, to the master of a passage or other
ship, who shall undertake or agree to carry such seaman or fisherman home
to the country whereto he belongs, and shall also convey such seaman or
fisherman to and on board such passage or other ship, taking the master’s
receipt for the passage money, which receipt he shall immediately
thereupon deliver to such seaman or fisherman.
[Sidenote: Employers to pay to fishermen, _&c._ only half of their wages,
and the other half in bills, _etc._ at their return home. Penalty on
employers neglecting to comply.]
14. And be it further enacted by the authority aforesaid, That no hirer
or employer of any such seaman or fisherman shall pay or advance, or
cause to be paid or advanced, to such seaman or fisherman, in money,
liquor, and goods, or either of them, during the time he shall be in
his service, more than one half of the wages which shall at any time be
due to him; but such hirer or employer shall, and is hereby required
and directed, immediately at or upon the expiration of every such man’s
covenanted time or service to pay either in money, or in good bills of
exchange, payable either in _Great Britain_ or _Ireland_, or in the
country to which such seaman or fisherman belongs, the full balance of
his wages, except the money herein-before directed to be retained for his
passage home; and it shall not be lawful for any such hirer or employer
to turn away or discharge any such seaman or fisherman, except for wilful
neglect of duty, or other sufficient cause, before the expiration of
his covenanted time of service; and in case the hirer or employer of
any such seaman or fisherman shall refuse or neglect to comply with any
of the terms herein-before mentioned, or shall otherwise offend against
this act, every such person so offending shall forfeit and pay, for
every such offence, besides the balance that shall be due to such seaman
or fisherman, the money herein-before directed to be retained for his
passage home, the sum of ten pounds, to the use of such person or persons
who shall inform or sue for the same.
[Sidenote: If any dispute arise, employers obliged to produce the
contract.]
15. And be it further enacted by the authority aforesaid, That in all
cases where disputes shall arise concerning the wages of any such seaman
or fisherman, the hirer or employer shall be obliged to produce the
contract or agreement in writing, herein-before directed to be entered
into with every such seaman or fisherman.
[Sidenote: All fish and oil liable to the payment of wages.]
16. And be it further enacted by the authority aforesaid, That all the
fish and oil which shall be taken and made by the person or persons
who shall hire or employ such seaman or fisherman shall be subject and
liable, in the first place, to the payment of the wages of every such
seaman or fisherman.
[Sidenote: Penalty on seamen or fishermen absenting themselves from their
employers without leave.]
17. And be it further enacted by the authority aforesaid, That in case
any such seaman or fisherman shall at any time wilfully absent himself
from his duty or employ, without the leave and consent of his hirer or
employer, or shall wilfully neglect or refuse to work according to the
true intent and meaning of such contract or agreement, he shall, for
every day he shall so absent himself, or neglect or refuse to work as
aforesaid, forfeit two days pay to such hirer or employer; and if any
such seaman or fisherman shall wilfully absent himself from his said duty
or employ for the space of five days, without such leave as aforesaid, he
shall be deemed a deserter, and shall forfeit to such hirer or employer
all such wages as shall at the time of such desertion be due to him,
(except so much as is herein-before directed to be reserved and retained
for the purpose of paying his passage home); and it shall and may be
lawful to and for the governor of _Newfoundland_, or his surrogates, or
the commissary of the vice admiralty court for the time being, or for any
justice of the peace in _Newfoundland_, to issue his or their warrant
or warrants to apprehend every such deserter, and on the oath of one
or more credible witness or witnesses to commit him to prison, there to
remain until the next court of session which shall be holden in pursuance
of the commission of the said governor for the time being; and if found
guilty of the said offence at such session, it shall and may be lawful to
and for the said court of session, to order such deserter to be publickly
whipped as a vagrant, and afterwards to be put on board a passage ship,
in order to his being conveyed back to the country whereto he belongs.
[Sidenote: Disputes, and all offences, to be determined by the court of
session, _etc._ at _Newfoundland_.]
18. And be it further enacted by the authority aforesaid, That all
disputes which shall arise concerning the wages of every or any such
seaman or fisherman, and all offences which shall be committed by every
hirer or employer of such seaman or fisherman, against this act, shall
and may be enquired into, heard, and determined, and the penalties and
forfeitures thereby incurred shall and may be recovered in the court of
session herein-before mentioned, or in the court of vice admiralty having
jurisdiction in the said island of _Newfoundland_.
[Sidenote: Act 6 _Anne_, respecting sailors employed in trading ships,
_etc._ in _America_ not liable to be impressed, repealed.]
19. And whereas by an act of parliament, passed in the sixth year of
the reign of her late Majesty Queen _Anne_, intituled, _An act for the
encouragement of the trade to ~America~_, it is amongst other things
enacted, That no mariner or other person who shall serve on board, or
be retained to serve on board any privateer, or trading ship or vessel,
that shall be employed in any part of _America_, nor any mariner or
other person being on shore in any part thereof, shall be liable to be
impressed or taken away by any officer or officers of or belonging to any
of her Majesty’s ships of war, impowered by the lord high admiral, or any
other person whatsoever, unless such mariner shall have before deserted
from such ship of war: and whereas the said privilege or exemption so
given by the said act to mariners serving on board ships or vessels
employed in any of the seas or ports of the continent of _America_, or
residing on shore there, is prejudicial to the fisheries carried on by
his Majesty’s subjects of _Great Britain_ and _Ireland_, and others his
Majesty’s dominions in _Europe_, and has proved an encouragement to
mariners belonging thereto to desert in time of war, or at the appearance
of a war, to the _British_ plantations on the said continent of
_America_; be it therefore enacted by the authority aforesaid, That the
said clause, so far as it relates to the exempting of mariners or other
persons serving, or retained to serve, in any ship or vessel in the seas
or ports of the continent of _America_, or other persons on shore there,
from being impressed, be and the same is hereby repealed.
[Sidenote: Rum, _&c._ imported into _Newfoundland_ from _America_, to
pay a duty of 1_s._ _per_ gallon. How such duty is to be collected,
recovered, and applied.]
20. And whereas the immoderate use of rum and other spirits, imported
into _Newfoundland_ from his Majesty’s colonies and plantations in
_America_ has been found to be highly detrimental to the fisheries
carried on there, and it is therefore proper to endeavour to diminish
the consumption thereof; be it enacted by the authority aforesaid,
That, from and after the first day of _January_ one thousand seven
hundred and seventy-six, there shall be paid in to his Majesty, his
heirs and successors, for every gallon of rum, or other spirits, which
shall be brought or imported into the island of _Newfoundland_ from
any _British_ colony or plantation on the continent of _America_, the
sum of one shilling sterling money of _Great Britain_; and the same
shall be collected, recovered, and paid, to the amount of the value of
which such nominal sum bears in _Great Britain_, and may be received
and taken according to the proportion and value of five shillings and
sixpence the ounce in silver; and the said duty hereby granted shall be
raised, levied, collected, paid, and recovered, in the same manner and
form, and by such rules, ways, and means, and under such penalties and
forfeitures, except in such cases where any alteration is made by this
act, as any other duties payable to his Majesty upon goods imported into
any _British_ colony or plantation in _America_ are raised, levied,
collected, paid, and recovered, by any act or acts of parliament, as
fully and effectually, to all intents and purposes, as if the several
clauses, powers, directions, penalties and forfeitures relating thereto,
were particularly repeated and again enacted in the body of this present
act; and that all the monies that shall arise by the said duty, (except
the necessary charges of raising, collecting, levying, recovering,
answering, paying, and accounting for the same), shall be paid into the
receipt of his majesty’s exchequer, and applied and appropriated to the
same uses and purposes as the duties arising by that part of the customs,
commonly called _The Old Subsidy_, payable in _Great Britain_, are
applied and appropriated.
[Sidenote: After _Dec. 25, 1775_, bounties granted by Act 11 _Geo._ III.
extended to _Ireland_. Officers to certify that ships are properly fitted
out, before they proceed on their voyage. Commissioners of the revenues
in _Ireland_, on receiving such certificates, to grant licence, _&c._]
21. And whereas the bounties given by an act of parliament made in the
eleventh year of the reign of his present Majesty, intituled, _An act
for the better support and establishment of the ~Greenland~ and whale
fisheries_, have been found of great advantage to the navigation, trade,
and manufactures of this kingdom; and it is just and expedient that the
like bounties which are granted by that act to ships fitted out from
_Great Britain_, or any of his Majesty’s dominions in _America_, for
those fisheries, should, in like manner, be granted to ships fitted out
for that purpose from the kingdom of _Ireland_; be it therefore enacted
by the authority aforesaid, That, from and after the twenty-fifth day of
_December_ one thousand seven hundred and seventy-five, the respective
bounties herein-after mentioned shall be allowed for every ship or vessel
_British_-built, and owned by his Majesty’s subjects of _Ireland_, and
whereof the captain or master and at least one-third of the mariners
are his Majesty’s subjects of _Great Britain_ or _Ireland_, which shall
proceed from any port in the said kingdom of _Ireland_, within the time
limited by this act on the whale fishery to the _Greenland_ seas, and
_Davis’s Streights_, and the adjacent seas, under the several rules
and restrictions, herein-after expressed; that is to say, every such
ship or vessel, before she proceeds on such voyage, shall be visited by
the proper officer or officers of the customs belonging to such port,
who shall examine into such ship or vessel, and take an account of the
tonnage thereof by admeasurement, and shall certify such his or their
visitation, examination, and admeasurement, to the commissioners of his
Majesty’s revenue in _Ireland_; and if it appears by the certificate
of such officer or officers that she hath on board such a number of
men, provisions, boats, fishing lines, and instruments to be used in
such fishery as herein-after are mentioned; that she is strongly built,
and otherwise a proper ship for such voyage and fishery, and hath on
board among her crew a sufficient number of harpooners, steersmen, and
line-managers, who have been before employed in such voyages, (the names
of such persons to be contained in such certificate); and if it further
appears by the oath of one or more owner or owners, and of the master
or chief officer of such ship, written at the foot of such certificate,
and made before the collector or comptroller of such port, (who are
hereby impowered and required to administer the same), that it is really
and truly their firm purpose and determined resolution, that such ship
shall, as soon as licence shall be granted, forthwith proceed, so
manned, furnished, and accoutered, on a voyage to the _Greenland_ Seas,
or _Davis’s Streights_, or the seas adjacent, and there, in the then
approaching season, to use the utmost endeavours of themselves and their
ship’s company to take whales, or other creatures living in the sea,
and on no other design or view of profit in such voyage, and to import
the whale fins, oil, and blubber thereof, into the kingdom of _Great
Britain_, (naming the port to which it is their intention to return); and
if the master, after such certificate had, and oath made, do also become
bound, with two sufficient securities, unto his Majesty, his heirs and
successors, in the penalty of such sum as shall be equal to treble the
bounty intended by this act, (which bond the said collector, with the
approbation of the comptroller, is hereby required to take, and is to be
in force for the term of three years against the master and sureties for
the faithful dealings of the said master and ship’s company in regard to
the said ship and voyage); then, and in all such cases, it shall and may
be lawful for any three or more of the said commissioners of the revenues
in _Ireland_ for the time being, on receiving such certificates and oaths
made, and it being certified to them by the collector and comptroller of
such port, that sufficient security hath been given as aforesaid, to give
and grant, and they are hereby required to give and grant to the master
and owners of such ship, full licence and authority to proceed on such
voyage as aforesaid.
[Sidenote: What number of men, lines, boats, _&c._ ships of certain
dimensions shall have on board.]
22. And to prevent any disputes that may arise whether a ship be properly
qualified and duly fitted out for the whale fishery, according to the
true intent and meaning of this act, and intitled to a certificate
thereof from the custom-house officers, it is hereby enacted, That every
ship of the burthen of two hundred tons, designed for this fishery, shall
and is hereby obliged to have on board forty fishing lines of one hundred
and twenty fathom each, forty harpoon irons, four boats with seven men,
including a harpooner, a steersman, and a line manager, to each boat,
making in the whole twenty-eight men besides the master and surgeon, with
six months provision at the least for such number of men; and every ship
of larger burthen an increase of six men, one boat, ten such lines, and
ten harpoon irons more, for every fifty tons above the said two hundred
tons, together with provisions in proportion; and every ship which shall
be so employed in the said fishery shall have on board an apprentice,
indentured for the space of three years at the least, for every fifty
tons burthen, who shall be accounted as one of the number of men required
to be on board such ship as aforesaid.
[Sidenote: On return of ships, proper officers to go on board, and
inspect the cargo, _&c._ and take an account of the names of the masters,
harpooners, _&c._ Commissioners being satisfied of the faithful dealings
of the master, _&c._ to pay the bounties as directed, according to the
admeasurement of the ships.]
23. And be it further enacted by the authority aforesaid, That on the
return of such ship to the port to which the master and mate declared
on oath their intention to return, the proper officers of the customs
at such port shall immediately repair on board, and view the condition
of such ship and her lading, and certify the same, together with their
observations thereon, as also of the real tonnage of the said ship;
and the said officers are also to take an account or schedule of the
names of the master, mate, and other persons on board, distinguishing
therein the harpooners and persons more immediately employed in the said
fishery, and to certify the same; and the master and mate shall make
oath before the collector and comptroller, (who are hereby impowered
and required to administer the same), on the back of, or annexed to the
licence granted as aforesaid, which they are hereby then required to
deliver up, that they did in pursuance thereof, mentioning the day of
their departure, proceed on a voyage directly to the places aforesaid,
and have not since been on any other voyage, or pursued any other
design or view of profit; and that they did there (mentioning the time
of their stay in those seas) use the utmost endeavour of themselves
and their ship’s company to take whales, and other creatures living in
those seas; and that all the whale fins, oil, and blubber, imported (if
any) in such ship, was really and _bona fide_ caught and taken in the
said seas by the crew of such ship only, or with the assistance of the
crew of some other ship duly licensed for that voyage, pursuant to the
directions of this act; all which schedule, certificate, licence, and
oath, shall be transmitted by the collector and comptroller of such port
to the respective commissioners of the customs for that part of _Great
Britain_ where such ships shall arrive; and such commissioners being
fully satisfied of the faithful dealings of the master and other persons
employed in such ships with respect to such voyage and fishery, shall,
on demand, cause payment to be made to the master or owners, or to his
or their assigns, by the receiver general of the customs for that part
of _Great Britain_ where such ship shall arrive, the bounty or premium
following, according to the admeasurement of such ship duly certified
as aforesaid; (that is to say), for every such ship as shall proceed on
the said fishery, from the twenty-fifth day of _December_ one thousand
seven hundred and seventy-five, to the twenty-fifth day of _December_
one thousand seven hundred and seventy-six, the sum of forty shillings
_per_ ton; and for every such ship as shall proceed on the said fishery
from the twenty-fifth day of _December_ one thousand seven hundred
and seventy-six, to the twenty-fifth day of _December_ one thousand
seven hundred and eighty-one, the sum of thirty shillings _per_ ton;
and for every such ship as shall proceed on the said fishery from the
twenty-fifth day of _December_ one thousand seven hundred and eighty-one,
to the twenty-fifth day of _December_ one thousand seven hundred and
eighty-six, the sum of twenty shillings _per_ ton.
[Sidenote: Certain provisoes respecting ships before any person be
intitled to the bounty.]
24. Provided always, and it is hereby further enacted by the authority
aforesaid, That no person or persons shall be allowed or intitled
to receive the bounty herein-before granted, for any ship which
shall proceed on the said whale fishery after the twenty-fifth day
of _December_ one thousand seven hundred and seventy-five, unless
such ship shall sail from the port where she shall be surveyed, and
cleared directly on her intended fishery, on or before the tenth day
of _April_ in each and every year, and shall continue with her crew in
the _Greenland_ seas, or _Davis’s Streights_, or the adjacent seas,
diligently endeavouring to catch whales, or other creatures living in
those seas, and shall not depart from thence before the tenth day of
_August_ then following, unless such ship shall be laden with the
blubber and fins of one whale, caught by the crew thereof, or with the
assistance of the crew of some other licensed ship, before that time,
or shall be forced by some unavoidable accident or necessity to depart
sooner from those seas; which accident or necessity shall be verified
on the oaths of the master and mate belonging to such ship, upon her
return from the said fishery, before the collector and comptroller of the
customs at the port where she shall arrive, who shall transmit the same,
together with the schedule, licence, and other documents by this act
required, to the respective commissioners of the customs for that part of
_Great Britain_ where she shall arrive.
[Sidenote: If monies arising from the old subsidy be not sufficient to
pay bounties, any other revenue money may be taken.]
25. And be it further enacted by the authority aforesaid, That it
shall and may be lawful to and for the commissioners of the customs in
_England_ and _Scotland_ respectively to order the respective receivers
general of the customs, in case the monies remaining in their hands
arising from the old subsidy shall not be sufficient at any time or
times, during the continuance of this act, to satisfy the said bounty of
forty shillings _per_ ton, and thirty shillings _per_ ton, and twenty
shillings _per_ ton, during the several periods herein-before limited,
payable on all ships employed in the said fishery, according to the
directions of this present act, to pay the same out of any money that
shall be in their hands arising from any of the duties and revenues
under their management respectively.
[Sidenote: Commissioners, at the beginning of every session of
parliament, to lay before them an account of the ships employed in the
whale fishery, _etc._]
26. And be it further enacted by the authority aforesaid, That the
commissioners of his Majesty’s customs in _England_ and _Scotland_
respectively shall, at the beginning of every session of parliament,
lay before both houses of parliament an account in writing, under their
hands, of what number of ships employed in the whale fishery to _Davis’s
Streights_ and the _Greenland_ seas, in pursuance of this act, with their
respective names and burthens, have returned to _Great Britain_, and at
what port in _Great Britain_ they were discharged, and also what quantity
of oil, blubber, or whale fins, each ship shall have imported, and from
what port in _Ireland_ or the _Isle of Man_ they were fitted out.
[Sidenote: Ships under 200 tons intitled to a bounty proportionable to
their admeasurement.]
27. And whereas it hath been found by experience, that ships under the
burthen of two hundred tons are fit for the said fishery; be it therefore
enacted and declared by the authority aforesaid, That every owner or
owners of any ship or ships under the burthen of two hundred tons, which
shall be employed in the said fishery, who have conformed themselves in
all respects to the rules and directions herein-before prescribed to
the owners of ships of two hundred tons, shall be intitled to the said
bounty, as herein-before limited, according to the admeasurement of such
ship or ships respectively.
[Sidenote: Ships above 400 tons not intitled to a larger bounty than a
400 ton ship; and owners not obliged to equip, _etc._ more than a ship of
400 tons.]
28. Provided always, and be it enacted by the authority aforesaid, That
no ship to be employed in the said fishery, although she be above the
burthen of four hundred tons, shall be intitled to a larger bounty than a
ship of four hundred tons would be intitled to.
29. Provided also, That nothing in this present act contained shall
extend, or be construed to extend, to oblige the owner or owners of any
ship above the burthen of four hundred tons, in order to intitle him
or them to the said bounty, to fit out, equip, and man, any such ship,
otherwise than as a ship of the burthen of four hundred tons only is, by
this present act, required to be fitted out, equipped, and manned.
[Sidenote: No apprentice, when indentured, to exceed 18, nor be under 14
years; and no bounty to be paid unless ships employed belong to some of
his Majesty’s subjects where fitted out.]
30. Provided also, and it is hereby further enacted by the authority
aforesaid, That every apprentice indentured after the twenty-fifth day
of _December_ one thousand seven hundred and seventy-five, to serve on
board any ship or vessel proceeding on the fisheries, in pursuance of
this or any other act of parliament now in force, granting any bounty
or bounties thereon, shall not exceed the age of eighteen years, nor be
under fourteen, at the time he shall be so indentured; and that no bounty
shall be allowed or paid for any ship or vessel so employed, either
by virtue of this or any former act of parliament, unless the whole
and entire property of such ship or vessel shall belong to some of his
Majesty’s subjects residing in that part of his Majesty’s dominions from
whence such ship or vessel shall be respectively fitted and cleared out,
any law, custom, or usage, to the contrary notwithstanding.
[Sidenote: Bounties may be insured.]
31. And to prevent any application to parliament for the bounty on any
ship employed in either of the fisheries before mentioned, which may
happen to be lost at sea before their return to _Great Britain_, be it
declared and enacted by the authority aforesaid, That it shall and may be
lawful for the owner or owners of any ship, employed, or designed to be
employed, in the said fisheries, or either of them, to insure the bounty
which such owner or owners would have been intitled to upon the return
of such ship to _Great Britain_, on the performance of all other matters
directed and appointed by this present act to be performed for obtaining
the said bounties.
[Sidenote: Persons giving false certificates, _etc._ to forfeit 500_l._]
32. And it is hereby further enacted by the authority aforesaid, That
if any person or persons shall give or grant any false certificate for
any of the purposes required or directed by this act, such person or
persons shall forfeit the sum of five hundred pounds, and be rendered
incapable of serving his Majesty, his heirs or successors, in any office
whatsoever; and if any person or persons shall counterfeit, erase, alter,
or falsify, any certificate required or directed by this act, or shall
knowingly or willingly make use of any false certificate, or of any
certificate so counterfeited, erased, altered, or falsified, such person
or persons shall, for every such offence, forfeit the sum of five hundred
pounds: and every such certificate shall be invalid, and of no effect.
[Sidenote: Forfeitures, how to be applied.]
33. And it is hereby further enacted by the authority aforesaid, That one
moiety of the penalties and forfeitures inflicted by this act (except
in such cases where other directions are given by this act) shall be to
the use of his Majesty, his heirs and successors, and the other moiety
to such officer or officers of the customs as shall sue or prosecute for
the same in any of his Majesty’s courts of record at _Westminster_ or
_Dublin_, or in the court of exchequer in _Scotland_, or in any court
of admiralty, having jurisdiction in his Majesty’s colonies or islands
respectively, where the offence shall be committed.
[Sidenote: Forfeitures incurred in _Newfoundland_ to be sued for in the
vice admiralty court in said island. Persons aggrieved may appeal to the
proper admiralty court in _Britain_.]
34. And be it further enacted by the authority aforesaid, That, from
and after the first day of _January_ one thousand seven hundred and
seventy-six, the penalties and forfeitures inflicted by any act of
parliament relating to the trade or revenues of the _British_ colonies
or plantations in _America_, which shall be incurred in the said island
of _Newfoundland_, shall be sued for, prosecuted, and recovered, in the
court of vice admiralty having jurisdiction in the said island, and in
no other; and if any person or persons shall think him or themselves
aggrieved by any judgement, sentence, or determination of any court of
vice admiralty, or other court having jurisdiction in _Newfoundland_,
upon any suit or prosecution commenced there for any penalty or
forfeiture inflicted by any act of parliament relating to the trade or
revenues of the _British_ colonies or plantations in _America_, it shall
and may be lawful for such party to appeal from such judgement, sentence,
or determination, in the first instance, to the proper court of admiralty
in _Great Britain_, or to his Majesty in council; and that no appeal
shall in such case lie or be brought in any other court or jurisdiction
whatsoever, any law, custom, or usage, to the contrary notwithstanding.
[Sidenote: Duties on goods exported or imported to be under the direction
of the commissioners of customs, _etc._]
35. And it is hereby further enacted by the authority aforesaid, That,
from and after the first day of _January_ one thousand seven hundred and
seventy-six, the customs and other duties which now are or hereafter may
be due and payable upon any goods or merchandizes brought or imported
into, or exported or carried from, the island of _Newfoundland_, by
virtue of this or any act or acts of Parliament, and the officers of his
Majesty’s customs appointed for executing and carrying into execution the
several laws relating to the trade and revenue there, shall be under the
management and direction of the commissioners of his Majesty’s customs in
_England_ for the time being, under the authority and direction of the
high treasurer of _Great Britain_, or the commissioners of the treasury
for the time being, any law, patent, custom, or usage, to the contrary
notwithstanding.