[Sidenote: Deputations granted by the commissioners for _North America_

before _Jan. 1, 1776_, to any officers for _Newfoundland_ to be in force.]

36. Provided always, and it is hereby further enacted by the authority

aforesaid, That all deputations and other authorities granted by the

commissioners of the customs for _North America_, before the said first

day of _January_ one thousand seven hundred and seventy-six, to any

officer or officers acting in and for the said island of _Newfoundland_,

shall continue in force, as fully to all intents and purposes as if

this act had not been made, until the deputations or other authorities

so granted to such officer or officers respectively shall be revoked,

annulled, or made void, by the high treasurer of _Great Britain_, or

commissioners of the treasury for the time being.

[Sidenote: Persons sued for any thing done in pursuance of this act may

plead the general issue, and recover treble costs.]

37. And be it further enacted by the authority aforesaid, That if any

action or suit shall be commenced against any person or persons for

any thing done in pursuance of this act of parliament, the defendant

or defendants in such action or suit may plead the general issue, and

give this act and the special matter in evidence at any trial to be

had thereupon, and that the same was done in pursuance of and by the

authority of this act: And if it shall appear so to have been done, the

jury shall find for the defendant or defendants; and if the plaintiff

shall be nonsuited, or discontinue his action after the defendant or

defendants have appeared, or if judgement shall be given upon any verdict

or demurrer against the plaintiff, the defendant or defendants shall

recover treble costs, and have the like remedy for the same as defendants

have in other cases by law.

26 GEO. III. Cap. 26.

_An act to amend and render more effectual the several laws

now in force for encouraging the fisheries carried on at

~Newfoundland~, and parts adjacent, from ~Great Britain~,

~Ireland~, and the ~British~ dominions in ~Europe~; and for

granting bounties, for a limited time, on certain terms and

conditions._

[Sidenote: Preamble. 15 _Geo._ III. Cap. 31. After _Jan. 1, 1787_,

bounties to be given to vessels fitted out from _Great Britain_, &c.

for the _Newfoundland_ fishery, qualified, _etc._ agreeable to 10 & 11

_Gul._ III. Cap. 25. Bounties to be paid the first 100 vessels which

shall arrive at _Newfoundland_ with a cargo of fish. Ditto to the

Second 100 vessels which shall so arrive. Certificates to be produced

to the collector of customs from the governor of _Newfoundland_ of the

qualification of ships, _etc._ Masters and mates to make oath. Collectors

of customs to pay the bounties.]

Whereas the bounties granted to a certain number of vessels employed in

the _British_ fishery on the banks of _Newfoundland_, by an act passed

in the fifteenth year of the reign of his present Majesty, intituled,

_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_,

will expire on the first day of _January_ one thousand seven hundred and

eighty-seven: And whereas, at the expiration thereof, it is expedient

that new bounties should be granted, for a limited time, under certain

conditions, limitations, and restrictions: And whereas it has been found

by experience, that several of the provisions and regulations contained

in the laws now in force for encouraging the fisheries, carried on at

_Newfoundland_, and parts adjacent, are insufficient to answer the good

purposes thereby intended, and that it is requisite that other provisions

and regulations should be enacted: To that end, be it therefore enacted

by the King’s most excellent Majesty, by and with the advice and consent

of the Lords spiritual and temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, That, from

and after the first day of _January_ one thousand seven hundred and

eighty-seven, the respective bounties herein-after mentioned shall be

paid and allowed annually, for ten years, to 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, That such vessels shall appear by their register to be

_British_-built, and wholly owned by his Majesty’s subjects residing in

_Great Britain_, _Ireland_, or the islands of _Guernsey_, _Jersey_, or

_Man_; and shall be navigated each with a master, and at least three

fourths of the mariners being _British_ subjects, usually residing in his

Majesty’s _European_ dominions; and shall be in other respects qualified

and subject to the same rules and restrictions as are prescribed by an

act, made in the tenth and eleventh years of the reign of 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_, or

from the islands of _Guernsey_, _Jersey_, or _Alderney_, after the said

first day of _January_ one thousand seven hundred and eighty-seven, 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 any one of the ports on the north, the east, or the south side

of the island of _Newfoundland_, between _Cape Saint John_ and _Cape

Raye_, 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 one

hundred vessels which shall first arrive at the 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 which, 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, if navigated with not

less than twelve men each, be intitled to forty pounds each; but if any

of the said one hundred vessels, so first arriving as aforesaid, shall

be navigated with less than twelve men each, and not less than seven,

they shall be intitled to twenty-five pounds each: Provided always, That

if, in either of the cases before-mentioned, any of the one hundred

vessels, so first arriving as aforesaid, shall be wholly navigated by

men going out upon shares, that is to say, receiving a certain share

of the profits arising from the voyage in lieu of wages, such of the

said vessels as shall be so navigated by not less than twelve men each,

shall be intitled to fifty pounds each; and if so navigated with a less

number than twelve men, and not less than seven, shall be intitled to

thirty-five pounds each. And further, that the one hundred vessels which

shall next so arrive 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, if navigated with not less than

twelve men each, be intitled to twenty-five pounds each; but if such one

hundred vessels, so arriving as aforesaid the next in order of time,

shall be navigated each with less than twelve, and not less than seven

men, they shall be intitled to eighteen pounds each: Provided also,

That if, in either of the cases last mentioned, any of the vessels so

arriving next in order of time as aforesaid, shall be so navigated

wholly by men going out upon shares, that is to say, receiving a certain

share of the profits arising from the voyage in lieu of wages, such of

the said vessels, as shall be so navigated by not less than twelve men

each, shall be intitled to thirty-five pounds each; and if so navigated

with a less number than twelve men, and not less than seven, shall be

intitled to twenty-one pounds each; upon the master or owner of every

such vessel respectively producing to the collector or other principal

officer of his Majesty’s customs at the port in _Great Britain_ from

whence such vessel was cleared out, or if cleared out from either of the

said islands of _Guernsey_, _Jersey_, or _Alderney_, to the collector, or

other principal officer of the customs in some port of _Great Britain_,

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, or if cleared out from the

islands of _Guernsey_, _Jersey_, or _Alderney_, under the hands of the

governor, or deputy governor, and principal officer of the customs there,

testifying that such vessel was duly qualified to proceed on such fishery

in pursuance of the before recited act, made in the tenth and eleventh

years of the reign of King _William_ the third; and that it has been

made to 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_ by the crew of such vessel only; 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 in such and the like manner,

and out of the same funds, as the bounties herein-before mentioned to

have been granted by the said recited act, made in the said fifteenth

year of the reign of his present Majesty.

[Sidenote: Number of mariners belonging to each vessel to be inserted in

the certificate of qualification.]

2. And be it further enacted by the authority aforesaid, That in each and

every certificate of a ship being duly qualified as aforesaid to proceed

on the said fishery, there shall be inserted the real number of the

mariners then belonging to such vessel, and intended to be employed in

the said fishery, distinguishing how many of them are new or green men,

and whether they are hired upon shares, or are to receive wages; which

facts are to be verified on the oath of the master of the vessel, made or

taken before the person who shall grant the said certificate, and who is

hereby authorised and required to administer the same, and to insert such

facts in such certificate; and if such vessels shall be cleared out from

the said islands of _Guernsey_, _Jersey_, or _Alderney_, then such oath

shall be taken before a magistrate of the royal court, in the presence of

the principal officer of the customs who shall grant such certificate,

the whole to be attested by the governor of each of the said islands

respectively; on failure whereof, such vessels shall be excluded from the

benefit of this act, and shall not be intitled to or receive any of the

bounties herein-before granted.

[Sidenote: Certificates given and affidavits taken in _Newfoundland_,

when to be transmitted to the governor.]

3. And be it further enacted by the authority aforesaid, That the

several certificates to be given and affidavits taken in _Newfoundland_

as aforesaid, in order to satisfy the said governor of the said island,

as to the facts to ground his certificate thereupon, as herein-before

directed, for the payment of the said bounties, shall and are hereby

required, within the district of _Saint John’s_ in the said island

of _Newfoundland_, to be transmitted to the said governor at _Saint

John’s_, before the fifteenth day of _September_ in each year, and

within any other district in the said island before the thirtieth day of

_September_ in each year, in order that he may perfectly examine the

documents, and thoroughly investigate the same, so as to be able clearly

and justly to settle the times of the arrivals as aforesaid of the

several and respective vessels, and adjust the different bounties, and to

whom they are and ought severally to be paid.

[Sidenote: Masters of vessels, previous to receiving the bounties, to

make oath relative to the number of their men returned.]

4. And be it further enacted by the authority aforesaid, That every

master of a vessel, entitled to any of the bounties herein-before

granted, shall, before he shall receive the same, or any part thereof,

make oath before the collector and comptroller, or other chief officer at

the port in _Great Britain_ where he shall arrive on his return from the

said fishery upon the banks of _Newfoundland_, that all the men belonging

to his ship who sailed out with him, or a number of men equal thereto,

are returned to _Great Britain_, unless any of his crew shall have died

at _Newfoundland_, or in the said voyage, either on the passage out or

return home, or have deserted without his knowledge or consent, or have

been shipped in or on board _British_ vessels bound for foreign markets;

which facts shall also be verified on oath by every such master, before

the said officers or officer of the customs, who are respectively hereby

authorised and required to administer the same.

[Sidenote: What proportion of their wages shall be advanced to green men

during the time of their service.]

5. And whereas, by the said recited act, made in the fifteenth year

of the reign of his present Majesty, it is enacted, That no hirer or

employer shall pay or advance to any seaman or fisherman, or either

of them, during the time he shall be in his service, more than half

the wages which shall at any time be due to him: And whereas, in the

case of green men, the advance of one half of the wages may not always

be sufficient to fit them out and clothe them for the season; be it

therefore enacted by the authority aforesaid, That it shall and may

be lawful for the hirer or employer of any such green men engaged in

the said fishery, to advance to any such green man, during the time he

shall be in his service, a sum not exceeding five pounds, ten shillings,

although the same shall amount to more than one half of the wages which

shall be due to him, provided a sum equal to the then current price of

a man’s passage home, not exceeding forty shillings for each man, be

reserved to bear the charge of his return home, as directed by the said

before recited act of the fifteenth year of his present Majesty’s reign.

[Sidenote: Penalty on seamen, _etc._ absenting themselves from or

neglecting their employ.]

6. And whereas in and by the said recited act, made in the fifteenth year

of his present Majesty’s reign, it is directed, That in case any 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 the

agent of such hirer or employer, or shall wilfully neglect or refuse

to work, according to the true intent and meaning of his contract or

agreement, he shall, for every day he shall so absent himself or neglect

or refuse to work, forfeit two days pay to such owner or employer: And

whereas the said penalties have been found insufficient; be it therefore

enacted, That, where any such seaman or fisherman shall so wilfully

absent himself from his duty or employ, without the leave or consent of

his hirer or employer, or shall wilfully neglect or refuse to work, for

the space of one day, he shall, for every day he shall so absent himself,

or wilfully neglect or refuse to work, forfeit any number of days pay not

exceeding five, as the said governor of _Newfoundland_, or his surrogate,

may think just and reasonable; and such forfeiture shall be paid to the

hirer or employer of such seaman or fisherman, in recompence for the

loss or damage which he may have sustained by means of, or through such

absence, neglect of duty, or refusal to work.

[Sidenote: Master to be sworn before oil or blubber admitted to entry

duty-free.]

7. And be it further enacted by the authority aforesaid, That, before any

oil or blubber, imported from _Newfoundland_ into _Great Britain_, shall

be admitted to entry duty-free, the master, or other person having or

taking the charge or command of the ship or vessel importing the same,

shall make oath before the collector, or other chief officer of the

customs at the port in _Great Britain_ into which the said oil or blubber

is imported, (who is hereby authorised and required to administer such

oath), that the same, and every part thereof, is really and _bona fide_

the oil or blubber of fish or creatures living in the sea, actually

caught and taken on the banks and shores of the island of _Newfoundland_,

and parts adjacent, wholly by his Majesty’s subjects carrying on the said

fishery from his Majesty’s _European_ dominions, and usually residing

in the said dominions; any law, custom, or usage, to the contrary

notwithstanding.

[Sidenote: A similar oath to be taken relative to seal skins.]

8. And be it further enacted by the authority aforesaid, That, before any

seal skins, imported from _Newfoundland_ into _Great Britain_, shall be

admitted to entry duty-free, the master, or other person having or taking

the charge or command of the ship or vessel importing the same, shall

make oath before the collector, or other chief officer of the customs at

the port in _Great Britain_ into which such seal skins are imported, (who

is hereby authorised and required to administer such oath), that the same

are really and _bona fide_ the skins of seals actually caught and taken

on the banks and shores of the said island of _Newfoundland_, and parts

adjacent, wholly by his Majesty’s subjects carrying on the said fishery

from his Majesty’s _European_ dominions, and usually residing in the said

dominions; any law, custom, or usage, to the contrary notwithstanding.

[Sidenote: Clause relative to oil, _&c._ purchased at _Newfoundland_, and

imported from thence into _Great Britain_.]

9. And be it further enacted by the authority aforesaid, That, in case

any oil, blubber, or seal skins, shall be purchased in the said island of

_Newfoundland_, or the parts adjacent, and imported into _Great Britain_

from thence, the same shall and may be admitted to entry duty-free,

provided the master or other person having or taking the charge or

command of the ship or vessel importing the same, shall make oath of all

and every the particulars respecting the purchase thereof, before the

collector or other chief officer of the customs at the port in _Great

Britain_ into which such oil, blubber, or seal skins, are imported,

(who is hereby authorised and required to administer such oath); and

shall produce and deliver to such collector or other chief officer, a

certificate, under the hand and seal of the naval officer of the district

in _Newfoundland_ where such oil, blubber, or seal skins, were purchased;

or if there shall not be any naval officer at such place, then under the

hand and seal of the commander of any of his Majesty’s ships stationed

there, testifying that oath had been made before him, (who is hereby

authorised and required, in such case, to administer the same), by the

person or persons who actually caught the fish from which the oil,

blubber, or the seals from which the skins mentioned in such certificate

was produced or came, that such oil or blubber was really and _bona fide_

the oil or blubber of fish or creatures living in the sea, or that such

skins were really and _bona fide_ the skins of seals, actually caught

and taken on the banks and shores of the island of _Newfoundland_, and

parts adjacent, wholly by his Majesty’s subjects carrying on the said

fishery from his Majesty’s _European_ dominions, and usually residing in

the said dominions; and provided such master, or other person having or

taking the charge or command of the ship or vessel so importing such oil,

blubber, and seal skins, shall also make oath, before such collector or

other chief officer, (who is hereby authorised and required to administer

the same), that the oil, blubber, or seal skins so imported, are the

same oil, blubber, or seal skins mentioned and referred to in the said

certificate.

[Sidenote: Bond to be given to his Majesty for payment of the old

subsidy, _&c._ on the importation of salt, such bonds to be cancelled,

_&c._ on exportation thereof within 12 months.]

10. And be it further enacted by the authority aforesaid, That, upon the

importation of any foreign salt into this kingdom from any place from

whence, and in the manner in which such salt may be legally imported,

the importer or proprietor of such salt shall be at liberty to give bond

to his Majesty, his heirs and successors, for the payment of the duty

commonly called _The Old Subsidy_, and all further subsidies, imposts,

and duties, due and payable to and for the customs upon such salt,

within the space of twelve calendar months from the date of such bond,

but without any discount or allowance for prompt payment of the said

duties, or either of them; which bond the collector and comptroller of

his Majesty’s customs at the port of importation are hereby authorised

to take in his Majesty’s name, and thereupon to permit such salt to

be entered and landed in the usual manner; and if such salt shall be

exported again within the said space of twelve calendar months, the

bonds which shall have been given for the said duties thereon, shall be

cancelled and discharged; and in case the full duties payable to the

customs for such salt shall have been paid at or before the expiration

of the said twelve calendar months, and such salt shall be afterwards

exported into foreign parts within the time allowed by law, a drawback

of all the said duties which were so paid shall be allowed in the same

manner as the former drawback of the customs upon the exportation of salt

was, could or might be paid; and such salt shall be subject and liable

to the same rules, regulations, restrictions, securities, penalties, and

forfeitures, (except where any alteration is made by this act), as such

salt was subject and liable to by any act or acts of parliament in force

before the making of this act.

[Sidenote: Not to use any sean or net for catching cod whose mesh is less

than four inches in dimension.]

11. And be it further enacted by the authority aforesaid, That it shall

not be lawful to or for any person or persons concerned or employed in

carrying on the said fishery, or for any seaman or fisherman hired for

the purpose of carrying on the said fishery, to use, or cause to be made

use of, on the shores of the said island of _Newfoundland_, any sean or

net of any kind or description whatsoever, for the purpose of catching

cod fish by hauling such sean or net on shore, or tucking such sean or

net into any boat or boats, the scale or mesh of which said sean or

net shall be less in dimension than four inches, under the penalty of

forfeiting the sum of one hundred pounds for every such offence; which

offence may be heard and determined, and the penalty hereby incurred

shall and may be recovered in the court of session of the said island,

provided that such offence be complained of within the space of three

calendar months after the commission of the same.

[Sidenote: Preamble. If any _British_ seaman, _&c._ shall desert or agree

to desert from _Newfoundland_, with intent to enter into the service of

any foreign state, he may be committed, _&c._ and sent home.]

12. And whereas it is essential to the naval strength of _Great Britain_,

that the desertion of seamen and fishermen employed in the fishery

of _Newfoundland_, and the parts adjacent, should be prevented: And

whereas, by reason of their superior skill as seamen and fishermen, and

as artificers of the implements and utensils necessary to the carrying

on of such fisheries, they are, by great temptations, exposed to be

seduced into the service and employ of the subjects of foreign states:

And whereas the regulations and provisions made in and by an act, passed

in the fifteenth year of his present Majesty’s reign, herein-before

mentioned, are not sufficient to prevent the desertion of such seamen

and fishermen to the service of the subjects of foreign states; be it

therefore enacted by the authority aforesaid, That if any seaman or

fisherman, hired or employed in the carrying on of the said fishery,

shall desert from the said island of _Newfoundland_, or from the said

fishery, with intent to enter into the service of any foreign state, or

of any of the subjects of any foreign state, or shall have in any wise

agreed so to absent himself or desert with such intent, or shall have

actually entered into such service as aforesaid, it shall and may be

lawful to and for the governor of _Newfoundland_, or his surrogates, or

for the judge of the vice admiralty court for the time being, or for

any justice of the peace in _Newfoundland_ respectively, to issue his

or their warrant or warrants to apprehend such person so deserting, or

having agreed to desert as aforesaid, and on the oath or oaths 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 governor for the time being; and if found guilty

of the said offence at such session, that it shall and may be lawful to

and for the said court of session to order such deserter as aforesaid

to be detained in prison, without bail or mainprize, for any time not

exceeding three months, in case he shall have come from his Majesty’s

_European_ dominions for the purpose of carrying on the fisheries

aforesaid.

[Sidenote: But if not from his Majesty’s _European_ dominions, he may be

imprisoned for 12 months.]

13. Provided always, and be it enacted by the authority aforesaid, That

it shall and may be lawful for such governor, within the space of three

months, if he shall see fit, or as soon after as conveniently may be, to

cause every such person so having deserted, or agreed to desert, to be

put on board a passage ship or vessel, in order to his being conveyed

back to the country to which he belonged, and for which the master,

or other person having or taking the charge or command of such ship

or vessel, shall be paid in manner herein-after mentioned; and every

master, or other person having or taking the charge or command of such

passage ship or vessel, shall be, and is hereby required to take on board

such and so many of such persons as the said governor shall direct, not

exceeding four for each one hundred tons of the tonnage of such ship or

vessel, and so in proportion for every such ship or vessel under one

hundred tons: Provided nevertheless, That no person shall be so put on

board of any ship or vessel which shall not be of the burthen of forty

tons: But if any person or persons convicted of deserting or agreeing to

desert as aforesaid, shall not have come from his Majesty’s _European_

dominions for the purpose of carrying on the fisheries aforesaid, then,

and in such case, that it shall and may be lawful for the said court

of session to commit such person or persons to prison, there to remain,

without bail or mainprize, for any time not exceeding twelve calendar

months.

[Sidenote: Preamble. Fishermen at _Newfoundland_ not to sell or barter

any vessel, _etc._ to or with any foreigner.]

14. And whereas it is of great importance to the trade, manufacture,

and navigation of _Great Britain_, and of his Majesty’s dominions in

_Europe_, that all trade and mercantile intercourse between his Majesty’s

subjects, residing or carrying on fishery in the island of _Newfoundland_

with the subjects of any foreign state, should be prohibited: And whereas

it is essentially necessary to the preservation of the benefits arising

from the fishery aforesaid, to prevent the sale of any ships, vessels, or

boats, or of the tackle, apparel, or furniture of the same, and of all

and all manner of utensils and implements, which are or may be used in

catching and curing fish, and also of all articles and commodities of the

growth, produce, and manufacture of the said island of _Newfoundland_,

to the subjects of any foreign state, or to any other than the subjects

of his Majesty, his heirs and successors, and also to prohibit the

purchase of any goods or commodities whatsoever, from the subjects of

any foreign state; be it therefore enacted by the authority aforesaid,

That it shall not be lawful for any person or persons, residing in or

carrying on fishery in the said island of _Newfoundland_, or on the

banks thereof, there to sell, barter, or exchange, any ship, vessel,

or boat, of what kind or description soever, or any tackle, apparel, or

furniture, used or which may be used by any ship, vessel, or boat; or any

seans, nets, or other implements or utensils, used or which may be used

in catching or curing fish, or any kind of bait whatsoever used or which

may be used in the catching of fish; or any kind of fish, oil, blubber,

seal skins, peltry, fuel, wood, or timber, to or with any person or

persons whatsoever, other than the subjects of his Majesty, his heirs and

successors.

[Sidenote: Offenders herein to be committed; and to forfeit treble the

value of the articles sold, _etc._]

15. And be it further enacted by the authority aforesaid, That if any

person or persons residing or carrying on fishery in the said island

of _Newfoundland_, shall there sell, barter, or exchange, or cause to

be sold, bartered, or exchanged, or shall endeavour to sell, barter,

or exchange, or shall be aiding or assisting in selling, bartering or

exchanging, or causing to be sold, bartered, or exchanged, any such ship,

vessel, boat, or any tackle, apparel, or furniture, used or which may

be used for the purpose of navigating any ship, vessel, or boat; or any

seans, nets, or other implements or utensils, used or which may be used

in catching or curing fish; or any kind of bait whatsoever used or which

may be used in catching fish; or any fish, oil, blubber, seal skins,

fuel, wood, or timber, to any person or persons, being the subjects of

any foreign state, it shall and may be lawful to and for the governor of

_Newfoundland_, or his surrogates, or for any justice of the peace in

_Newfoundland_, to issue his or their warrant or warrants to apprehend

every such offender, 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 all and every such person

or persons, if found guilty of the said offence at such session, shall

forfeit and pay treble the value of the articles so sold or caused to

be sold, or attempted to be sold as aforesaid, or bartered or taken

in exchange, or in the selling, bartering, or exchanging of which, or

causing to be sold, bartered, or exchanged, such person or persons was or

were aiding or assisting, and the same shall be levied of the offender’s

goods and chattels, by warrant to be granted by the said court of session

for that purpose; and in case no goods upon which such distress can be

made shall be found, then it shall and may be lawful for the said court

to order such person or persons to be punished and dealt with in the same

manner as is herein-before directed with respect to deserters or persons

agreeing to desert.

[Sidenote: Such fishermen not to purchase any goods of, or to barter with

foreigners for the same. Offenders to be committed, and to forfeit treble

the value of the goods.]

16. And whereas it is highly injurious to the trade and manufactures of

his Majesty’s dominions in _Europe_, that persons residing or carrying

on fishery in the island of _Newfoundland_, or parts adjacent, or on

the banks of the said island of _Newfoundland_, should be supplied

with any goods or commodities whatsoever by the subjects of any foreign

state; be it therefore enacted by the authority aforesaid, That no

person or persons residing or carrying on fishery in the island of

_Newfoundland_, or parts adjacent, or on the banks of the said island

of _Newfoundland_, shall there purchase, or take in exchange, or by

way of barter, or cause to be purchased, or taken in exchange, or by

way of barter, or be aiding or assisting in the purchasing, bartering

for, or taking in exchange, any goods or commodities whatsoever, from

any person or persons being a subject or subjects of any foreign state;

and that every person or persons residing or carrying on fishery in the

said island of _Newfoundland_, or parts adjacent, or on the banks of the

said island of _Newfoundland_, who shall there purchase, barter for, or

take in exchange, or shall cause to be purchased, bartered for, or taken

in exchange, any such goods or commodities in manner aforesaid, shall

be apprehended and committed to prison, and, on due conviction, before

the court of session, shall forfeit treble the value of such goods or

commodities so purchased, or taken in barter or exchange, or procured to

be purchased, or taken in barter or exchange, or in the purchase, barter,

or taking of which in exchange, such person shall have been aiding or

assisting, and the same shall be levied of the offender’s goods and

chattels, by warrant to be granted by the said court of session for

that purpose; and in case no goods upon which such distress can be made

shall be found, then it shall and may be lawful for the said court to

order such person or persons to be punished and dealt with in the same

manner as is herein-before directed with respect to deserters or persons

agreeing to desert.

[Sidenote: Not to extend to the importation of bread, _etc._]

17. Provided always, That nothing herein contained shall extend, or

be construed to extend, to hinder or prevent bread, flour, _Indian_

corn, and live stock, from being imported into the said island of

_Newfoundland_ in certain _British_ vessels, in pursuance of an act

passed in this present session of Parliament.

[Sidenote: No more than 40_s._ to be paid for the passage of any person

from _Newfoundland_, _&c._]

18. And be it further enacted by the authority aforesaid, That the

sum for which the said governor shall agree with the master, or other

person having or taking the charge or command of any ship or vessel,

for the passage of any person or persons from the said island, to the

place or places to which he or they belonged, shall in no case exceed

the sum of forty shillings for each person, and shall be paid to the

master of such ship or vessel out of the monies which shall arise from

forfeitures incurred for any offence committed against this act, or the

acts herein-before recited, upon such master producing, to the said court

of session, a certificate, under the hand and seal of such governor, of

the numbers and names of the persons respectively taken on board by his

direction, and of the times they were taken on board respectively, and

the several sums agreed to be paid as aforesaid; which sums the court

of session are hereby required to cause to be paid to such master, if

sufficient funds for that purpose shall remain in the hands of the said

court.

[Sidenote: Such payments, in case of a deficiency in the fund for that

purpose, to be made by the commissioners of the navy.]

19. And be it also enacted by the authority aforesaid, That if no

sufficient fund for the payment of any sum or sums, so agreed upon as

aforesaid, shall remain in the hands of the said court of session, then

and in such case every such master or other person having or taking the

charge or command of such ship or vessel, who shall have taken on board

any number of persons by order of the governor, in manner herein-before

directed, upon producing a certificate, under the hand and seal of the

said governor, in manner herein-before directed, and making an affidavit

at his return, setting forth the time during which he subsisted such

person or persons, and that he did not, during that time, want any of

his own complement of men, or how many he did want of such complement,

and for what time, shall receive from the commissioners of the navy for

the time being (who are hereby required to cause the same to be paid)

sixpence _per diem_ for the passage and provisions of such person or

persons from the day of their embarkation homewards to the day of their

arrival in _Great Britain_, the said sum of sixpence _per diem_ only

being deducted for such time and so many persons as he wanted of his

complement during his voyage.

[Sidenote: Recital of 4 _Geo._ III, cap. 15. Officers of his Majesty’s

ships stationed at _Newfoundland_ may detain suspected vessels, and

search them: and if any contraband goods are found on board, such vessels

and goods shall be forfeited.]

20. And whereas it is enacted, in and by an act passed in the fourth

year of his present Majesty’s reign, intituled, _An act for granting

certain duties in the ~British~ colonies and plantations in ~America~;

for continuing, amending, and making perpetual, an act passed in the

sixth year of the reign of his late Majesty King ~George~ the second,

intituled_, An act for the better securing and encouraging the trade

of his Majesty’s sugar colonies in _America; for applying the produce

of such duties, and of the duties to arise by virtue of the said act,

towards defraying the expences of defending, protecting, and securing

the said colonies and plantations; for explaining 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 for altering and

disallowing several drawbacks on exports from this kingdom, and more

effectually preventing the clandestine conveyance of goods to and from

the said colonies and plantations, and improving and securing the trade

between the same and ~Great Britain~_; That if any _British_ ship or

vessel shall be found standing into, or coming out from, either of the

islands of _Saint Pierre_ and _Miquelon_, or hovering or at anchor

within two leagues of the coast thereof, or shall be discovered to have

taken any goods or merchandizes on board at either of them, or to have

been there for that purpose, such ship or vessel, and all the goods so

taken on board there, shall be forfeited and lost, and shall and may

be seized and prosecuted by any officer of his Majesty’s customs; and

the master, or other person having the charge of such ship or vessel,

and every person concerned in taking such goods on board, shall forfeit

treble the value thereof: And whereas the provisions of the said recited

act may not be sufficient to effectuate the good purposes thereby

intended, or to prevent the export or sale of ships, vessels, and boats,

and of all other the goods and commodities herein-before enumerated

and prohibited to be sold to the subjects of any foreign state, or the

purchase and import of the goods and commodities of such foreign states;

be it therefore enacted by the authority aforesaid, That it shall and

may be lawful for all and every officer or officers, having the command

of any of his Majesty’s ships stationed at the island of _Newfoundland_,

to stop and detain all and every ship, vessel, or boat, of what nature

or description soever, coming to, or going from the said island, and

belonging to, or in the service or occupation of any of his Majesty’s

subjects residing in, trafficking with, or carrying on fishery in the

island of _Newfoundland_, parts adjacent, or on the banks of the said

island of _Newfoundland_, which he shall have reason to suspect to be

going to, or coming from, the islands of _Saint Pierre_ or _Miquelon_,

for the purposes before mentioned, in any place within the limits of

their station, and to detain, search, and examine, such ship, vessel, or

boat; and that if, upon such search or examination, it shall appear to

such officer or officers that there is reasonable ground to believe that

such ship, vessel, or boat, or any tackle, apparel, or furniture, used,

or which may be used, by any ship, vessel, or boat, or any implements or

utensils used, or which may be used, in the catching or curing of fish,

or any fish, oil, blubber, seal skins, fuel, wood, or timber, then on

board of such ship, vessel, or boat, was or were intended to be sold,

bartered for, or exchanged, to the subjects of any foreign state, or

shall be discovered to have been so sold, bartered for, or exchanged; or

if any goods or commodities whatsoever shall be found on board such ship,

vessel, or boat, or shall be discovered to have been on board, having

been purchased or taken in barter or exchange from the subjects of any

foreign state; then, and in every such case, to seize and send back such

ship, vessel, or boat, to the island of _Newfoundland_; and that such

ship, vessel, or boat, and such goods and commodities so found on board,

shall, upon due condemnation, be forfeited and lost, and shall and may be

prosecuted for that purpose, by the officer or officers so seizing the

same, in the vice admiralty court of the said island of _Newfoundland_;

such forfeiture to be given, one moiety to the said officer or officers,

and the other moiety to the governor of _Newfoundland_ for the time

being, to be applied, under the direction of such governor, in defraying

the passages home of such person or persons as by this or any former act

are directed to be sent back to the country to which they belong.

[Sidenote: Clause relative to suits in _Newfoundland_ on account of the

seizure of vessels, _&c._]

21. And be it further enacted by the authority aforesaid, That, in case

any libel, information, or other suit or proceeding whatsoever, shall be

commenced and brought to trial, in the court of vice admiralty in the

said island of _Newfoundland_, on account of the seizure of any ship,

vessel, boat, or goods, for the condemnation of the same, for any of the

causes herein-before mentioned, wherein a decree shall be pronounced for

or in favour of the defendant or defendants, claimer or claimers thereof,

and it shall appear to the judge or court, before whom the same shall be

tried, that there was a probable cause for seizing the said ship, vessel,

boat, or goods, the judge before whom the said cause shall be tried shall

certify on the record that there was a probable cause for the seizing

of the said ship, vessel, boat, or goods; a copy of which certificate

shall be delivered to the prosecutor, under the hands and seals of

such judge or judges; and that, in such case, the defendant shall not

be intitled to any costs of suit whatsoever, nor shall the person or

persons who seized such ship, vessel, boat, or goods, be liable to any

action, indictment, or other prosecution, on account of such seizure;

and that if any action, indictment, or prosecution, shall be brought or

preferred against any person or persons, who shall have obtained such

copy of such certificate as aforesaid, in any of his Majesty’s courts in

_Great Britain_, such copy shall be admitted in evidence on behalf of

the defendant or defendants, and shall have the like force and effect

as the certificate on record would have had in the case of such action,

indictment, or other prosecution, being brought or preferred in the

island of _Newfoundland_.

[Sidenote: Plaintiff gaining a verdict shall not be intitled to costs, if

there was probable cause of seizure.]

22. And be it also enacted by the authority aforesaid, That if any

action, indictment, or other prosecution, shall be commenced and brought

to trial against any person or persons whatsoever, on account of the

seizure of any such ship, vessel, boat or goods, wherein a verdict shall

be given against the defendant or defendants, if the court or judge

before whom such action or prosecution shall be tried shall certify on

the record that there was a probable cause of such seizure, that the

plaintiff, besides his ship, vessel, boat, or goods, so seized, or the

value thereof, shall not be intitled to above two-pence damages, nor to

any costs of suit, nor shall the defendant in such prosecution be fined

above one shilling.

[Sidenote: Limitation of actions. General issue. Treble costs.]

23. And it is hereby further enacted by the authority aforesaid, That if

any person or persons shall, at any time or times, be sued or prosecuted

for any thing by him or them done or executed in pursuance of, or by

colour of this act, or of any matter or thing in this act contained, such

action or prosecution shall be commenced within the space of three months

after the offence shall have been committed; and in case the person or

persons making such seizure as aforesaid shall have quitted the said

island of _Newfoundland_ before the expiration of three months from the

time of the offence committed, then that such action or prosecution shall

be commenced within three months after his or their return to _Great

Britain_; and such person or persons shall and may plead the general

issue, and give this act and the special matter in evidence for his and

their defence, and that the same was done in prosecution and by authority

of the said act: And if it shall appear so to have been done, then the

court shall adjudge and decree, or the jury shall find, in the courts

of _Great Britain_ or _Newfoundland_ respectively, for the defendant or

defendants; and if the plaintiff shall be nonsuited, or discontinue his

action, libel, or other proceedings in the courts of _Great Britain_ or

_Newfoundland_, after the defendant or defendants hath or have appeared,

or if judgement shall be given upon any verdict or demurrer against the

plaintiff, the defendant or defendants shall recover treble costs, and

have the like remedy for the same as the defendant or defendants hath or

have in other cases by law.

[Sidenote: Fines and forfeited goods, _&c._ how to be applied.]

24. And be it further enacted by the authority aforesaid, That all and

every the fines or penalties inflicted by this act, or by the acts

herein-before recited, and to be levied upon the seamen or fishermen,

except those for neglect of duty; and that such ships, vessels, or goods,

as shall be seized, condemned, and forfeited as before mentioned, except

such the distribution whereof is otherwise directed by this act, shall be

given, one moiety to the informer, and the other moiety to the Governor

of _Newfoundland_ for the time being, to be applied, under the direction

of such Governor, in defraying the passages home of such person or

persons as by this or any former act are directed to be sent back to the

country to which they belong.

[Sidenote: Part of the act of 15 _Geo._ III. repealed.]

25. And be it further enacted by the authority aforesaid, That so much of

the said recited act of the fifteenth year of the reign of his present

Majesty, as gives any jurisdiction to the court of vice admiralty for

the said island of _Newfoundland_ with respect to enquiring into and

determining disputes concerning the wages of any seamen or fishermen,

or any offence committed by any hirer or employer of such seamen or

fishermen, or any controversies or differences arising from their

contracts or agreements, shall be, and the same is hereby repealed.

[Sidenote: The recited acts (except, _&c._) to remain in force.]

26. And be it further enacted by the authority aforesaid, That all and

every the clauses, matters, and things in the said herein-before recited

acts contained, which are not altered or repealed by this present act,

shall continue and remain in full force.

28 GEO. III. Cap. 35.

_An act to enable his Majesty to make such regulations as may

be necessary to prevent the inconvenience which might arise

from the competition of his Majesty’s subjects and those of the

most Christian King, in carrying on the fishery on the coasts

of the island of ~Newfoundland~._

[Sidenote: Preamble. Treaty of _Utrecht_ recited. Treaty of _Paris_

recited. Treaty of _Versailles_ recited. Declaration to the _French_ King

of _Sept. 3, 1783_, recited. His Majesty, by advice of council, may give

such orders to the governor of _Newfoundland_, &c. as shall be deemed

proper to fulfil the purposes of the treaty of _Versailles_, and the

declaration to the _French_ King, above recited.]

Whereas, by the thirteenth article of the treaty concluded at _Utrecht_

on the fourth day of _April_, new stile, in the year of our Lord one

thousand seven hundred and thirteen, between her late Majesty Queen

_Anne_ and the most Christian King _Louis_ the fourteenth, it was, among

other things, agreed, That the island called _Newfoundland_, with the

adjacent islands, should, from that time forward, belong of right wholly

to _Britain_, and to that end the town and fortress of _Placentia_, and

whatever other places in the said island were in the possession of the

_French_, should be yielded and given up, within seven months from the

exchange of the ratification of that treaty, or sooner if possible, by

the most Christian King, to those who had a commission from the Queen

of _Great Britain_ for that purpose; nor should the most Christian

King, his heirs or successors, or any of their subjects, at any time

thereafter, lay claim to any right to the said island and islands, or to

any part of them; moreover, it should not be lawful for the subjects of

_France_ to fortify any place in the said island of _Newfoundland_, or

to erect any buildings there, besides stages made of boards, and huts

necessary and useful for drying of fish, or to resort to the said island

beyond the time necessary for fishing and drying fish: That it should

be allowed to the subjects of _France_ to catch fish, and to dry them

on land, on that part only, and in none other besides that part of the

island of _Newfoundland_, which stretches from the place called _Cape

Bonavista_, to the northern point of the said island, and from thence

running down by the western side, and reaches as far as the place called

_Cape Riche_: And whereas, by the fifth article of the treaty of peace,

concluded at _Paris_ on the tenth day of _February_ one thousand seven

hundred and sixty-three, between his Majesty and the late most Christian

King _Louis_ the fifteenth, and his most Catholick Majesty, it was,

among other things, agreed, that the subjects of _France_ should have

the liberty of fishing and drying on a part of the coast of the island

of _Newfoundland_, such as is specified in the thirteenth article of

the treaty of _Utrecht_, which article is confirmed and renewed by the

present treaty: And whereas, by the fifth article of the definitive

treaty of peace, concluded at _Versailles_, between his Majesty and the

most Christian King, on the third day of _September_ one thousand seven

hundred and eighty-three, it was, among other things, agreed, That

his Majesty, the King of _Great Britain_, should be maintained in his

right to the island of _Newfoundland_, and to the adjacent islands, as

the whole were assured to him by the thirteenth article of the treaty

of _Utrecht_, excepting the islands of _Saint Pierre_ and _Miquelon_,

which were ceded in full right, by the said treaty of the third day of

_September_ one thousand seven hundred and eighty-three, to his most

Christian Majesty; and that his Majesty, the most Christian King, in

order to prevent the quarrels which had before then arisen between the

two nations of _England_ and _France_, consented to remove the right

of fishing which belonged to him in virtue of the aforesaid article of

the treaty of _Utrecht_, from _Cape Bonavista_ to _Cape Saint John_,

situated on the eastern coast of _Newfoundland_, in fifty degrees north

latitude, and his Majesty the King of _Great Britain_ consented, on his

part, that the fishery assigned to the subjects of his most Christian

Majesty, beginning at the said _Cape Saint John_, passing to the north,

and descending by the western coast of the island of _Newfoundland_,

should extend to the place called _Cape Rage_, situate in forty-seven

degrees and fifty minutes latitude: The _French_ fishermen should enjoy

the fishery which was assigned to them by the said article, as they

had the right to enjoy that which was assigned to them by the treaty

of _Utrecht_: And whereas, by a declaration delivered by his Majesty’s

ambassador extraordinary to his most Christian Majesty, bearing date

also on the said third day of _September_ one thousand seven hundred

and eighty-three, his Majesty engaged not only to insure the execution

of the last-mentioned treaty with his known good faith and punctuality,

but to give all possible efficacy to such principles as may prevent

dispute; and, that the fishermen of the two nations may not give cause

for daily quarrels, was pleased to engage that he would take the most

positive measures for preventing his subjects from interrupting in any

manner, by their competition, the fishing of the _French_, during the

temporary exercise thereof which is granted to them upon the coasts of

the island of _Newfoundland_, and that he would, for that purpose, cause

the permanent settlements which should be formed there to be removed;

and that he would give orders that the _French_ fishermen should not

be incommoded in the cutting of wood necessary for the repair of their

scaffolds, huts, and fishing boats; and that the thirteenth article of

the treaty of _Utrecht_, and the method of carrying on the fishery which

had at all times been acknowledged, should be the plan upon which the

fishery should be carried on there, and that it should not be deviated

from by either party, the _French_ fishermen building only their

scaffolds, confining themselves to the repair of their fishing vessels,

and not wintering there; the subjects of his _Britannick_ Majesty, on

their part, not molesting in any manner the _French_ fishermen during

their fishing, nor injuring their scaffolds during their absence: And

whereas it is expedient, in conformity to the definitive treaty of peace

and the declaration aforesaid, that his Majesty’s subjects should be

prevented from interrupting in any manner, by their competition, the

aforesaid fishery of the subjects of his most Christian Majesty, during

the temporary exercise thereof which is granted to them on the coast of

_Newfoundland_; and that all permanent establishments on that part of

the coast allotted to the _French_ fishermen should be removed; and that

such fishermen should be in no manner molested, contrary to the tenor of

the said treaty, and the good faith thereof: In order, therefore, that

his Majesty may be the better enabled to carry the said several treaties

and declarations into faithful and punctual execution, and to make such

regulations as may be expedient, respecting the fishery, in the manner

herein-after mentioned, 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 it shall and may be lawful for his Majesty,

his heirs and successors, by advice of council, from time to time, to

give such orders and instructions to the governor of _Newfoundland_, or

to any officer or officers on that station, as he or they shall deem

proper and necessary to fulfil the purposes of the definitive treaty

and declaration aforesaid; and, if it shall be necessary to that end,

to give orders and instructions to the governor, or other officer or

officers aforesaid, to remove, or cause to be removed, any stages,

flakes, train vats, or other works whatever, for the purpose of carrying

on fishery, erected by his Majesty’s subjects on that part of the coast

of _Newfoundland_ which lies between _Cape Saint John_, passing to

the north, and descending by the western coast of the said island to

the place called _Cape Rage_, and also all ships, vessels, and boats,

belonging to his Majesty’s subjects, which shall be found within the

limits aforesaid, and also, in case of refusal to depart from within the

limits aforesaid, to compel any of his Majesty’s subjects to depart from

thence; any law, usage, or custom, to the contrary notwithstanding.

[Sidenote: Persons refusing to conform to the directions of the governor,

to forfeit 200_l._ How penalties are to be recovered and applied.

Limitation of suits.]

2. And be it further enacted by the authority aforesaid, That if any

person or persons shall refuse, upon requisition made by the governor, or

any officer or officers acting under him, in pursuance of his Majesty’s

orders or instructions as aforesaid, to depart from within the limits

aforesaid, or otherwise to conform to such requisition and directions

as such governor, or other officer as aforesaid, shall make or give,

for the purposes aforesaid, every such person or persons so refusing,

or otherwise offending against the same, shall forfeit the sum of two

hundred pounds, to be recovered in the court of session, or court of vice

admiralty in the said island of _Newfoundland_, or by bill, plaint, or

information, in any of his Majesty’s courts of record at _Westminster_;

one moiety of such penalty to belong to his Majesty, his heirs and

successors, and the other moiety to such person or persons as shall

sue or prosecute for the same: Provided always, that every such suit

or prosecution, if the same be commenced in _Newfoundland_, shall be

commenced within three months, and if commenced in any of his Majesty’s

courts of record at _Westminster_, within twelve months from the time of

the commission of such offence.

29 GEO. III. Cap. 53.

_An act for further encouraging and regulating the

~Newfoundland~, ~Greenland~, and southern whale fisheries._

[Sidenote: Preamble. No fish, unless caught by subjects of _Great

Britain_, or of the _British_ dominions in _Europe_, to be landed or

dried at _Newfoundland_, the right as ceded to the _French_ excepted.]

Whereas, as well by immemorial usage as by the provisions of former laws,

the right and privilege of drying fish on the island of _Newfoundland_

do not belong to any of his Majesty’s subjects arriving there, except

from _Great Britain_, or one of his Majesty’s dominions in _Europe_;

for preventing frauds, and thereby better securing to his Majesty’s

said subjects of _Great Britain_, and of the other _British_ dominions

in _Europe_, the full advantages of the fishery carried on from thence,

and of drying fish on the shores of the island of _Newfoundland_, be it

declared and 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 no fish, taken or caught by any of his Majesty’s subjects, or other

persons, arriving at _Newfoundland_ or its dependencies, or on the banks

of the said island, except from _Great Britain_, or one of the _British_

dominions in _Europe_, shall be permitted to be landed or dried on the

said island of _Newfoundland_, always excepting the rights granted by

treaty to the subjects of his most Christian Majesty on that part of the

island of _Newfoundland_ beginning at _Cape Saint John_, passing to the

north and descending by the western coast of the said island to the place

called _Cape Raye_.

[Sidenote: 26 _Geo._ III, cap. 41, recited. After _Jan. 1, 1790_ ships to

be intitled to the bounties granted by the recited act, that shall sail

by _April 10_, yearly, tho’ they leave the _Greenland seas_ or _Davis’s

streights_ before _Aug. 10_ following, and shall not be laden agreeable

to the regulations of the recited act, upon the conditions herein

specified.]

2. And whereas it is thought expedient that the owners of ships

employed in the _Greenland_ fishery should be allowed to receive the

bounty granted by an act, passed in the twenty-sixth year of his

present Majesty’s reign, intituled, _An act for the further support and

encouragement of the fisheries carried on in the ~Greenland Seas~ and

~Davis’s Streights~_, although such ships depart from those seas before

the tenth day of _August_ then following, and although they be not laden

with the quantity of whale fins, and of oil or blubber in proportion

thereto, required by the said act, in case it shall appear by the log

books of such ships that they have not departed from those seas till

the end of sixteen weeks from the day they respectively sailed from the

ports where they were surveyed and cleared out; be it therefore further

enacted, That any owner or owners of any ship or vessel shall be allowed

and intitled to receive the bounty granted by the said act, for any

ship which shall have proceeded, or shall proceed upon the said whale

fishery from any port of _Great Britain_, or the islands of _Guernsey_,

_Jersey_, or _Man_, after the first day of _January_ one thousand seven

hundred and ninety, and shall have sailed, or shall sail from the port

where she was surveyed and cleared out, directly on her intended voyage

on or before the tenth day of _April_ in each and every year, although

she shall depart from the _Greenland_ seas or _Davis’s streights_, or

the adjacent seas, before the tenth day of _August_ then following, and

although she shall not be laden, if of the burthen of three hundred tons,

with thirty tons of oil, or blubber in proportion thereto, the blubber to

be rated with respect to the oil as three to two, and one ton and a half

of whale fins; or if she be of greater or lesser burthen, with a quantity

of oil or blubber and whale fins in like proportion to the tonnage of

such ship, being the produce of one or more whale or whales, caught

by the crew thereof, or with the assistance of the crew of some other

licensed ship, in case it shall appear by the log book of such ship that

she had continued with her crew in the said seas, diligently endeavouring

to catch whales or other creatures living in those seas, and did not

depart from thence till the expiration of sixteen weeks from the time of

her sailing from the port where she shall have been surveyed and cleared

out; provided such ship shall not have touched at any other port during

her voyage, and shall have complied with all the other regulations,

conditions, and restrictions, imposed by the said act.

[Sidenote: 28 _Geo._ III, cap. 20, recited, and after passing this act

the three ships entitled to the bounties thereby granted on doubling

_Cape Horn_, or passing through the _Streights_ of _Magellan_ to be

entitled thereto, if they shall not return in less than 16 months, and by

_Dec. 10_, in the second year after clearing out.]

3. And whereas by an act passed in the twenty-eighth year of his present

Majesty’s reign, intituled, _An act for amending an act, made in the

twenty-sixth year of his present Majesty’s reign_, for the encouragement

of the southern whale fishery, _and for making further provisions for

that purpose_, the three ships or vessels, which are intitled to the

premiums therein granted on their doubling _Cape Horn_, or passing

through the _Streights_ of _Magellan_, are required not to return in

less time than eighteen months, and it is thought sufficient that such

ships or vessels should be obliged to continue out no longer than sixteen

months; be it therefore further enacted by the authority aforesaid, That

the owner or owners of such of the said three ships or vessels which

shall sail after the passing this act, shall be intitled to the said

additional premiums, granted by the said act of the twenty-eighth year

of his present Majesty’s reign, under the conditions, regulations, and

restrictions, in the said act mentioned, in case such ships or vessels

shall not return in less time than sixteen months, from the time of

her clearing out, and on or before the first day of _December_, in the

second year after that in which such ship or vessel shall have fitted and

cleared out.

[Sidenote: Owners of vessels complying with the other conditions of the

recited acts, to be entitled to the premiums, tho’ they do not clear out

specially for the latitudes therein specified.]

4. And whereas doubts have arisen whether the owner of any ship or vessel

shall be intitled to the premiums granted by the said last mentioned

acts passed in the twenty-sixth and twenty-eighth years of his present

Majesty’s reign, unless such ship or vessel shall have cleared out

specially for the respective latitudes therein specified; be it further

declared and enacted by the authority aforesaid, That the owner or owners

of any ship or vessel shall not be obliged to clear out specially for the

respective latitudes specified in the said acts, but shall be intitled to

the premiums thereby granted, on complying with all the other conditions,

regulations, and restrictions, imposed by the said acts.

[Sidenote: 26 _Geo._ III, cap. 41. 26 _Geo._ III, cap. 50, and 28 _Geo._

III, cap. 20, recited. After _Jan. 1, 1790_, any master permitting an

apprentice, indentured pursuant to the recited acts, to quit his service

before the expiration of his term, to forfeit 50_l._; unless such

apprentice be discharged before a magistrate, or turned over to another

master, in the said fisheries.]

5. And whereas by an act, made and passed in the twenty-sixth year of

the reign of his present Majesty, intituled, _An act for the further

support and encouragement of the fisheries carried on in the ~Greenland

Seas~ and ~Davis’s Streights~_, it is among other things enacted, That

every ship shall have on board apprentices indentured for the space

of three years at the least, who shall not exceed the age of eighteen

years, nor be under fourteen years of age, at the time they shall be so

indentured, in the proportion of one apprentice at the least for every

thirty-five tons burthen, and one fresh or green man for every fifty tons

burthen, which apprentices and fresh or green men shall be accounted in

the number of men required to be on board such ship as aforesaid: And

whereas by another act, made and passed in the twenty-sixth year of his

present Majesty’s reign, intituled, _An act for the encouragement of

the southern whale fishery_, it is among other things enacted, That no

premium granted by that act shall be paid or allowed to any person or

persons whatever, for or on account of any ship or vessel employed in

the aforesaid fishery, unless such ship or vessel shall have on board

an apprentice indentured for the space of three years at the least; for

every fifty tons burthen of such ship or vessel by admeasurement, every

such apprentice not exceeding the age of eighteen years, nor being under

fourteen years, at the time he shall be so indentured: And whereas by

another act, made and passed in the twenty-eighth year of the reign of

his present Majesty, intituled, _An act for amending an act, made in the

twenty-sixth year of his present Majesty’s reign_, for the encouragement

of the southern whale fishery, _and for making further provisions for

that purpose_, it is, amongst other things, enacted, That the several

additional premiums granted by that act shall be paid in such and the

like manner, and under such and the like conditions, rules, regulations,

and restrictions, as are directed and prescribed in and by the said act,

made and passed in the twenty-sixth year of the reign of his present

Majesty, intituled, _An act for the encouragement of the southern

whale fishery_: And whereas it is expedient that provision should be

made to oblige the masters of ships or vessels, or the persons to

whom apprentices shall be bound in pursuance of the acts herein-before

respectively recited, to keep such apprentices in their service for the

time they shall be indentured: Be it therefore further enacted by the

authority aforesaid, That, from and after the first day of _January_

one thousand seven hundred and ninety, if the master of any ship or

vessel, or any other person or persons whatever, to whom any apprentice

or apprentices shall be indentured pursuant to the said herein-before

recited acts, shall permit or suffer any such apprentice or apprentices

to quit, leave, or depart, his or their service on any pretence whatever,

except as herein-after is provided, before the expiration of the term for

which he or they shall be bound, every such master or other person shall

forfeit and pay, for each and every offence, the sum of fifty pounds; to

be recovered by action of debt, bill, plaint, or information, in any of

his Majesty’s courts of record, in which no wager of law, no essoin, nor

any more than one imparlance, shall be allowed.

6. Provided nevertheless, That nothing herein contained shall extend,

or be construed to extend, to inflict the aforesaid penalty in any case

where any apprentice or apprentices shall be legally discharged before

a magistrate or justice of the peace, or shall be turned over from one

person to another person, concerned in either of the aforesaid fisheries,

to serve the remainder of his time in such fisheries, pursuant to the

directions of the said acts herein-before recited.

[Sidenote: No premium to be paid under the recited acts, unless the names

of the ships on board which apprentices are bound to serve, be inserted

in the indentures.]

7. Provided also, and it is hereby declared, That no bounty or premium

shall be paid or allowed by virtue of the said recited acts, or either

of them, in any case, unless there shall be inserted in the indenture

or indentures of each and every apprentice or apprentices, who shall be

indentured by virtue of the said recited acts, or either of them, or who

shall be turned over from one person to another, pursuant to this act,

the name or names of the ship or vessel, or ships or vessels, on board of

which such apprentice or apprentices is or are bound to serve.

[Sidenote: This act not to extend to ships cleared out, and which shall

have sailed, before the commencement thereof.]

8. Provided also, That nothing in this act shall extend, or be construed

to extend, to take away any bounty or premium which may become due by

virtue of the said recited acts, or either of them, in any case where the

ship or vessel shall have _bona fide_ cleared out on the fishery, and

proceeded from _Great Britain_, before the commencement of this act.

31 GEO. III. Cap. 29.

_An act for establishing a court of civil jurisdiction in the

island of ~Newfoundland~, for a limited time._

[Sidenote: Preamble. 15 _Geo._ III, cap. 31, and 26 _Geo._ III, cap. 26,

recited. His Majesty may constitute a court of civil jurisdiction at

_Newfoundland_, &c.]

Whereas, by an act, passed in the fifteenth year of his present Majesty’s

reign, intituled, _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_, it was, amongst other things, enacted, That

all disputes which should arise concerning the wages of every and any

such seaman or fisherman, and all offences which should be committed

by every hirer or employer of such seaman or fisherman against that

act, should and might be enquired of, heard, and determined; and the

penalties and forfeitures thereby incurred should and might be recovered

in the court of session in the said act mentioned, or in the court of

vice admiralty having jurisdiction in the island of _Newfoundland_: And

whereas, by another act, passed in the twenty-sixth year of the reign

of his present Majesty, intituled, _An act to amend and render more

effectual the present laws now in force for encouraging the fisheries

carried on at ~Newfoundland~, and parts adjacent, from ~Great Britain~,

~Ireland~, and the ~British~ dominions in ~Europe~; and for granting

bounties, for a limited time, on certain terms and conditions_; so much

of the said first-mentioned act, as gives any jurisdiction to the court

of vice-admiralty for the said island of _Newfoundland_, with respect to

inquiring, hearing, and determining disputes concerning the wages of any

seaman or fisherman, or any offence committed by any hirer or employer

of such seaman or fisherman, or any controversies or differences arising

from their contracts or agreements, should be, and the same was thereby

repealed: And whereas the provisions made by the said first-mentioned

act, for the administration of justice in civil cases, are insufficient,

and it is highly expedient that a court of civil jurisdiction, having

cognizance of all pleas of debt, account, contracts respecting personal

property, and all trespasses against the person, goods, or chattels,

should be established in the said island of _Newfoundland_, for a

limited time; be it therefore enacted by the King’s most excellent

Majesty, by and with the advice and consent of the Lords spiritual and

temporal, and Commons, in this present Parliament assembled, and by the

authority of the same, That it shall and may be lawful for his Majesty,

by his commission under the great seal, to institute a court of civil

jurisdiction, with full power and authority to hear and determine, in a

summary way, all pleas of debt, account, contracts respecting personal

property, and all trespasses committed against the person or goods and

chattels in the island of _Newfoundland_, and islands and parts adjacent,

or on the banks of the said island of _Newfoundland_; which court shall

consist of a chief judge, to be appointed by his Majesty, and two

assessors, to be appointed by the governor of the said island, from time

to time; which chief judge, together with any one of such assessors,

shall have full power and authority to hear and determine all pleas by

this act cognizable by the said court of civil jurisdiction; and shall

have such clerks, and other ministerial officers, as the chief judge

shall think proper to appoint; and that such salaries shall be paid to

the chief judge aforesaid, as his Majesty, his heirs and successors,

shall approve and direct; and such salaries be paid to the assessors, and

to the clerks, and ministerial officers aforesaid, as shall be approved

by the said chief judge, with the consent of the governor of the island

of _Newfoundland_; which several salaries shall respectively be in lieu

of all other profits and emoluments whatever; and such court shall be

a court of record, and shall have all such powers as by the law of

_England_ are incident and belonging to a court of record; any thing in

the said first-mentioned act contained to the contrary notwithstanding.

[Sidenote: The manner in which the court is to proceed.]

2. And be it further enacted, That the said court shall proceed by

complaint in writing, and by summons of the defendant, in all cases

where the complaint is for a sum under five pounds; and by arrest of the

defendant, and attachment of his goods and debts, or of his effects in

the hands of any other person, where the complaint is for more than the

sum of five pounds; and such court shall have power and authority to pass

judgement, and give costs, in such pleas, and award execution, either by

levy and sale of the goods and chattels, or arrest of the person of the

plaintiff or defendant, and also of the goods, debts, and effects of the

defendant so attached.

[Sidenote: An appeal to his Majesty in council may be made, where

judgement is given for more than 100_l._]

3. Provided always, That in all pleas, where the sum for which judgement

shall be given shall amount to more than one hundred pounds, it shall be

lawful for the plaintiff or defendant, as the case may be, to appeal to

his Majesty in council, and upon notice of such appeal being signified to

the chief judge of such court, within fourteen days after such judgement

passed, and security given, to the satisfaction of the said chief judge,

for prosecuting such appeal, the execution of such judgement shall be

stayed.

[Sidenote: While the governor is resident, disputes concerning seamen’s

wages to be heard only in the court of civil jurisdiction; when he is

not resident, they may be heard in the court of session.]

4. And be it further enacted, That during the time the governor of the

said island shall continue to be resident in the said island, or parts

adjacent, no disputes which shall arise concerning the wages of any

seaman or fisherman shall be heard and determined in the court of session

mentioned in the said first-mentioned act, but only in the court of civil

jurisdiction which shall be instituted by virtue of this act.

5. Provided always, That nothing in this act contained shall extend to

prevent the court of session aforesaid from hearing and determining such

disputes as aforesaid, when the governor shall not be resident in the

said island, or parts adjacent.

[Sidenote: Limitation of actions. Continuance of act.]

6. And be it further enacted, That no suit shall be commenced in the said

court of civil jurisdiction where the cause of action shall have arisen

more than two years before such commencement, nor shall be heard and

determined in the said court of civil jurisdiction, except during the

residence of the governor within the limits of his government; and that

this act shall commence from the tenth day of _June_ one thousand seven

hundred and ninety-one, and shall have continuance for one year, and unto

the end of the then next session of Parliament.

32 GEO. III. Cap. 46.

_An act for establishing courts of judicature in the island of

~Newfoundland~, and the islands adjacent._

[Sidenote: Preamble. His Majesty, under the great seal, may institute a

court of criminal and civil jurisdiction at _Newfoundland_, &c.]

For the better administration of justice in the island of _Newfoundland_,

and the islands adjacent; 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 it shall and may be lawful for his Majesty,

by his commission under the great seal, to institute a court of criminal

and civil jurisdiction, to be called, _The supreme court of judicature

of the island of Newfoundland_, with full power and authority to hold

plea of all crimes and misdemeanors committed within the island of

_Newfoundland_, and on the islands and seas to which ships or vessels

repair from the island of _Newfoundland_, for carrying on the fishery,

and on the banks of _Newfoundland_, in the same manner as plea is holden

of crimes and misdemeanors committed in that part of _Great Britain_

called _England_, and also with full power and authority to hold plea, as

herein-after mentioned, of all suits and complaints of a civil nature,

arising within the island of _Newfoundland_, and on the islands and

seas aforesaid, and on the banks of _Newfoundland_; which court shall

determine such suits and complaints of a civil nature, according to

the law of _England_, as far as the same can be applied to suits and

complaints arising in the islands and places aforesaid; and the said

court shall be a court of record, and shall be holden by a chief justice

to be appointed by his Majesty, who shall have full power and authority

to enquire of, hear, and determine all crimes and misdemeanours, suits,

and complaints, cognizable in the said court; and such court shall have

such clerks and ministerial officers as the chief justice shall think

proper to appoint; and such salary shall be paid to the said chief

justice, as his Majesty, his heirs and successors, shall approve and

direct, and such salaries be paid to the clerks and ministerial officers

aforesaid, as shall be approved by the chief justice, with the consent

of the governor of the island of _Newfoundland_, which several salaries

shall respectively be in lieu of all other profits and emoluments

whatsoever.

[Sidenote: The governor, with the advice of the chief justice, may

institute surrogate courts, _etc._]

2. And be it further enacted, That it shall be lawful for the governor of

the island of _Newfoundland_, with the advice of such chief justice, from

time to time, to institute courts of civil jurisdiction, to be called

_surrogate courts_, in different parts of the island of _Newfoundland_,

and the islands aforesaid, as occasion shall require, with full power

and authority to hear and determine, in the like summary way, all

suits and complaints of a civil nature arising within the island of

_Newfoundland_, and on the islands and seas aforesaid, and on the banks

of _Newfoundland_; which courts shall respectively be courts of record,

and shall determine according to the law of _England_, as far as the

same can be applied to suits and complaints arising in the islands and

places aforesaid; and the said courts respectively shall be holden by

a surrogate, to be appointed from time to time by the governor of the

said island, with the approbation of such chief justice, and shall have

full power and authority to hear and determine all suits and complaints

cognizable in the said court; and the said court shall have such clerks

and ministerial officers, with such salaries as the chief justice shall

appoint, which salaries shall be in lieu of all profits and emoluments

whatever.

[Sidenote: Mode of proceedings in the supreme and surrogate courts.]

3. And be it further enacted, That it shall be lawful for the said

supreme courts and surrogate courts respectively, when any suit or

complaint shall be depending therein, to cause to appear from day to day,

all persons interested in the matter in dispute, and to examine upon oath

such of them as it shall be deemed proper, for better discovering the

truth, and thereupon, and after due consideration of all circumstances,

to make such order, judgement, or decree therein, and award such damages

and costs, as the case shall require; and that in all cases where the

cause of any suit or complaint shall not exceed five pounds, the party

who is to answer such suit or complaint shall be made to appear in court

by summons, and in all cases where such summons shall be disobeyed, or

where the cause of any suit or complaint shall exceed five pounds, then

that the party who is to answer such suit or complaint may be caused

to appear by attachment of his or her goods, debts, or effects, or by

arrest of the person, and that the execution of any order, judgement,

or decree may be enforced by attachment of the goods, debts, or credits

of the party, or by arrest of the person against whom such order,

judgement, or decree shall be made; and that it shall and may be lawful

for the said chief justice and surrogates respectively, to authorize

some person in his or their absence respectively, to issue process, and

do all acts appertaining to the said supreme court, and surrogate courts

respectively, save and except the enquiring of, hearing, and determining

of any crime or misdemeanor, or any suit or complaint of a civil nature.

[Sidenote: In actions exceeding 10_l._ jurors may be summoned, but if

a sufficient number should not appear, two assessors, with the chief

justice or surrogate, may proceed to trial.]

4. And be it further enacted by the authority aforesaid, That, where

the cause of action shall exceed the sum of ten pounds, and it shall

be prayed by the defendant in such suit or complaint, that a jury

may be summoned to try such action, it shall be lawful for the said

chief justice and surrogates respectively, and he and they are hereby

respectively required to cause twenty-four persons to be summoned, of

whom twelve shall be a jury for the trial of such action, and to proceed

therein according to law: Provided always, That, if a number of jurors

sufficient for the trial of such action having been duly summoned shall

not appear to be sworn, it shall and may be lawful for the governor of

the said island, and the surrogates in their several courts respectively,

to nominate and appoint two proper persons to be assessors to the said

chief justice, who, together with the said chief justice or surrogates

respectively, shall proceed to the trial of such action, in like manner

as if such jury had not been prayed.

[Sidenote: Appeals may be made from judgements for sums exceeding 40_l._

in the surrogate court, and exceeding 100_l._ in the supreme court.]

5. And be it further enacted, That upon any decree or judgement given in

a surrogate court, for any sum exceeding forty pounds, it shall be lawful

for the party against whom such decree or judgement shall be given, to

appeal therefrom to the supreme court, having first given notice of

such intention, and having entered into a security to the surrogate, in

double the sum for which such judgement or decree was given or made,

within two days after making or giving such judgement or decree, for

duly prosecuting such appeal; and upon any decree or judgement given in

the supreme court, for any sum exceeding one hundred pounds, it shall

be lawful for the party, against whom such decree or judgement shall

be given or made, to appeal therefrom to his Majesty in council, having

first given notice of such intention, and having entered into security,

to be approved by the chief justice, in double the sum for which such

judgement or decree was given or made, within two days after the giving

or making of such judgement or decree, for duly prosecuting such appeal;

and in all cases of appeal, as soon as notice shall be given, and

security entered into as aforesaid, execution shall be stayed, but not

otherwise.

[Sidenote: When goods are attached, if it shall appear that the party

is insolvent, the court shall order his effects to be collected and

distributed.]

6. And whereas it will greatly contribute to the advancement of the

trade and fishery of _Newfoundland_, if such effects as persons becoming

insolvent in the said island of _Newfoundland_, and the islands

aforesaid, were possessed of or entitled unto, within the said island,

or on the islands or seas aforesaid, or on the banks of _Newfoundland_,

should be divided among their creditors with more equality than hath

hitherto been practised; be it further enacted, That, as often as the

goods, debts, and credits of any person shall be attached, and it shall

be made appear to the court out of which the process of attachment hath

issued, that the goods, debts, and credits so attached are not sufficient

to pay twenty shillings in the pound to all those who shall be creditors

by reason of debts contracted within the island of _Newfoundland_, and

on the islands and seas aforesaid, or on the banks of _Newfoundland_, it

shall be lawful for such court to summon the party whose goods, debts,

and credits are so attached, together with the plaintiff or plaintiffs

who have sued out any attachment, and also such persons who are known

to be creditors as aforesaid of the defendant, to appear in court at a

certain day, and if upon a due examination of the defendant, and the

said creditors, it shall appear that he or she is insolvent, the court

shall declare him or her insolvent accordingly, and shall immediately

proceed to take order for discovering, collecting, and selling the

effects and debts of such person, and distributing the produce thereof

rateably amongst all the said creditors of such person so declared

insolvent, or to authorize some person or persons, being a creditor or

creditors, to perform the same, such person or persons first entering

into a recognizance in such sum as the court shall think fit, for the

due performance of his or their duty therein; and that such court shall

from time to time make such order therein as shall be deemed proper, for

better discovering, collecting, and selling the effects and debts, and

making a rateable distribution thereof among the said creditors.

[Sidenote: Directions for the distribution of the effects of insolvent

persons.]

7. And be it further enacted, That in the distribution to be made of

the estate and effects of such person so declared insolvent, every

fisherman and seaman employed in the fishery, who shall be a creditor for

wages become due in the then current season, shall first be paid twenty

shillings in the pound, so far as the effects will go; and in the next

place, every person who shall be a creditor for supplies furnished in the

current season, shall be paid twenty shillings in the pound; and lastly,

the said creditors for supplies furnished in the then current season, and

all other creditors whatsoever, shall be paid equally in proportion, as

far as the effects will go, provided that the said creditors for supplies

furnished in the then current season shall not be paid more than twenty

shillings in the pound on the whole of their debt.

[Sidenote: Certificate of the court to be a bar to suit for debt prior to

the declaration of insolvency.]

8. And be it further enacted, That if such insolvent person shall

make a true disclosure and discovery of all his or her goods and

effects whatsoever, and shall conform him or herself to the order and

direction of the said court, the same shall and may (with the consent

of one half in number and value of his or her creditors) be certified

by the said court, and such certificate, when pleaded, shall be a bar

to all suits and complaints for debts contracted within the island

of _Newfoundland_, and on the islands and seas aforesaid, and on the

banks of _Newfoundland_, prior to the time when he or she was declared

insolvent.

[Sidenote: Suits, where the cause shall arise before _Aug. 1, 1792_, to

be commenced within six years.]

9. And be it further enacted, That where any cause of action shall have

arisen before the first day of _August_ one thousand seven hundred and

ninety-two, no suit or complaint shall be commenced thereon at the

distance of more than six years from the time when such cause of action

arose.

10. And be it further enacted, That the said chief justice, or any person

or persons appointed by him for that purpose, under his hand and seal,

shall have power to grant administration of the effects of intestates,

and the probate of wills; and that the effects of deceased persons shall

not be administered within the island of _Newfoundland_, or on the

islands and seas aforesaid; or on the banks of _Newfoundland_, unless

administration thereof, or probate of wills respecting the same, shall

have been duly granted by such authority as aforesaid.

[Sidenote: 31 _Geo._ III, cap. 29, continued till the opening of the

supreme court.]

11. And be it further enacted, That an act passed in the last session

of Parliament, intituled, _An act for establishing a court of civil

jurisdiction in the island of ~Newfoundland~, for a limited time_, which

act was to have continued in force from the tenth day of _June_ one

thousand seven hundred and ninety-one, for one year, and unto the end

of the then next session of Parliament, shall be and continue in force

until the opening of the supreme court instituted by virtue of this act,

and no longer; and every suit or complaint which shall at that time be

depending in the said court of civil jurisdiction, shall and may be

proceeded upon in the said supreme court, in the same manner as any suit

or complaint originally commenced in the said supreme court.

[Sidenote: No court, except the supreme and surrogate courts, to hold

pleas of a civil nature. Vice admiralty court may hold plea of maritime

causes (except for wages), and causes of revenue. Disputes respecting

wages of seamen, _&c._ may be heard in the court of sessions, or before

two justices.]

12. And be it further enacted, That it shall not be lawful for any court

in the island of _Newfoundland_, or islands aforesaid (except the supreme

court and the surrogate courts appointed by virtue of this act) to hold

plea of any suit or complaint of a civil nature, any law, custom, or

usage, to the contrary notwithstanding: Provided nevertheless, that the

court of vice admiralty having jurisdiction in the said island, shall and

may hold plea of maritime causes (except only the wages of seamen and

fishermen, which are to be heard and determined in manner herein-after

directed), and causes of the revenue, as heretofore practised and used:

Provided also, that all disputes which shall arise concerning the wages

of any seaman or fisherman, and all offences which shall be committed

by any hirer or employer of such seaman or fisherman, against this or

any other act, relating to the island of _Newfoundland_, or the islands

and seas aforesaid, or the fishery thereof, shall and may be heard and

determined, and the penalties and forfeitures thereby incurred shall and

may be recovered in the court of sessions, or before any two justices of

the peace.

[Sidenote: Suits for debts not exceeding 40_s._ may be determined in a

summary way, _&c._]

13. Provided also, and be it enacted, That it shall be lawful for the

court of session, in a summary way, to hear and determine all suits for

the payment of debts not exceeding forty shillings, and not contracted

more than one year before the commencement of such suits respectively;

and it shall be lawful for the court of session, or such two justices

respectively, to award costs therein; and such determination and award

shall be final, and shall be carried into execution by attachment and

sale of the goods and effects of the party against whom the determination

was made.

[Sidenote: Chief justice to settle forms of process, and appoint the

fees to be taken in the courts, _etc._ Fees in surrogate courts to be

accounted for in the supreme court.]

14. And be it further enacted, That it shall be lawful for the said chief

justice to settle such forms of process, and such rules of practice and

proceeding, for the conduct of all pleas, suits, and complaints, and for

the dispatch of the business of the said supreme court, and surrogate

courts, and of the business in the courts of session, or before any

one or more justices of the peace respectively, and to appoint such

reasonable fees to be taken for the conduct and dispatch of pleas,

suits, complaints, and other business as aforesaid, and for the granting

administration of the effects of intestates, and for the probate of

wills, as shall seem necessary and proper for expediting matters with the

most convenience and least expence to the parties concerned therein; and

such process, and rules of practice and proceeding, shall be followed

and obeyed; and such fees shall be paid accordingly, and no other; and

that all such fees received in any surrogate court shall be paid and

accounted for by the surrogate in the said supreme court; and that it

shall be lawful for the said chief justice, and he is hereby required to

settle and limit what fees and poundage shall be taken by the sheriff of

_Newfoundland_, and the same shall be taken, and none other.

[Sidenote: For the recovery and application of penalties.]

15. And be it further enacted, That all fines, penalties, and

forfeitures, imposed by any act of Parliament made, or which shall

hereafter be made, relating to the island of _Newfoundland_, or the

fishery thereof, may be recovered in a summary way in the said supreme

court, or in any surrogate court; and every penalty and forfeiture of the

sum of ten pounds or under, may be recovered in the court of session, or

before any one or more justices of the peace; and all fines, penalties,

and forfeitures imposed, paid, or levied in any surrogate court, or in

any court of session, or before any one or more justices of the peace,

shall be forthwith estreated, and paid into the said supreme court by

the surrogate, or by the justice or justices of the peace respectively,

before whom they were recovered; and it shall be lawful for the said

supreme court to issue process for better compelling such justices and

surrogates to bring to account all monies which ought to be so paid and

accounted for as aforesaid; and all money arising from such fees, fines,

penalties, and forfeitures shall be applied and appropriated towards

defraying the expence of carrying this act into execution.

[Sidenote: Limitation of actions. General issue. Treble costs.]

16. And be it further enacted, That if any action or suit shall be

brought or commenced against any person for any thing done in pursuance

of this act, such action or suit shall be commenced within six months

next after the matter or thing done; and the defendant in such suit or

action may plead the general issue, and give this act and the special

matter in evidence at any trial to be had thereupon; and if a verdict

shall pass for the defendant, or the plaintiff shall be nonsuited, or

discontinue his action after the defendant has appeared, or if judgement

shall be given, upon any verdict or demurrer, against the plaintiff, the

defendant shall recover treble costs, and have the like remedy for the

same as defendants have in other cases by law.

[Sidenote: No officer of the customs capable of acting as a justice.]

17. And be it further enacted by the authority aforesaid, That no officer

whatever, being in the service of his Majesty’s customs in the island of

_Newfoundland_, shall be capable of acting as a justice of the peace in

and for the said island.

[Sidenote: Continuance of this act.]

18. And be it further enacted, That this act shall continue in

force until the tenth day of _June_ one thousand seven hundred and

ninety-three, and from thence to the end of the then next session of

Parliament.

FINIS.

FOOTNOTES

[1] While this was pending at the board, a letter was read at the

committee from _Sir Lionel Jenkins_, touching the continuance of the

king’s sovereignty, in case the plantation were deserted; wherein is

stated the advantage the French might take by the absence of the English,

and the methods proper to be followed in such case, to maintain the

king’s dominion and sovereignty.

[2] Newfoundland. Ent. in initio. Bund. in initio.

[3] Ent. A. 36 to 58.

[4] Ibid. 58. 68.

[5] Entries A. 447.

[6] Entries, C. 104, 105, 106.

[7] Entries, C. 208.

[8] Ibid. 341.

[9] Entries, D. 30.

[10] Ibid. 33.

[11] Entries, D. 34.

[12] Entries, D. 44 to 54.

[13] Vid. Bund. I. No. 75. vid. ant. p. 7.

[14] Entries, 142, 144, 147.

[15] Entries, D. 249.

[16] Ibid. 272.

[17] Entries, D. 337.

[18] Entries, D. 406, 408.

[19] Ibid. 462.

[20] Entries, D. 480, 496.

[21] Entries, E. 124, 126.

[22] Ibid. 154.

[23] Entries, E. 164.

[24] Ibid. 204.

[25] Ibid. 241, 242.

[26] Entries, E. 416.

[27] Entries, E. 512.

[28] Bund. M. 99.

[29] See Captain Taverner’s Remarks, Feb. 1715-16. Bund. M. 15.

[30] Bund. M. 98.

[31] 8th April 1723. Ent. F. 36.

[32] December 19th, 1728. Bund. O. 34.

[33] Ent. F. 158.

[34] Entries F. 176 to 234. Bund. O. 40.

[35] Vid. ant. pa. 34.

[36] Entries, D. pa. 337.

[37] Entries, D. pa. 344.

This is from Captain Taverner’s Letter of Remarks the 20th of March

1713-4.

[38] Entries, D. pa. 494.

Commodore Scott’s Letter, the 16th of November 1718.

[39] Bund. O. 31. Letter from Lord Vere Beauclerck. St. John’s, 19th

August 1728.

[40] Ent. E. 132. From Captain Kempthorne’s letter, October 1715.

[41] Ent. E. 1411. From Captain Passenger’s answers to heads of inquiry,

October 1718.

[42] Ent. E. 401. From Captain Passenger’s answers to heads of inquiry,

October 1718.

[43] Ent. D. 426. 429. From Captain Leake’s letter, September 27th, 1714.

[44] Ent. D. 445. From Mr. Cuming’s representation, February 1714-5.

[45] Memorial of the merchants of Poole, in answer to a letter from the

board, 3d December 1715. Another, word for word the same, came from

Weymouth, vid. Bund. M. No. 4, 5.

[46] The memorial from Exeter, 30th Jan. 1715-6. Bund. M. No. 6.

[47] Bund. M. No. 8.

[48] Bund. O. 49.

[49] 27 April 1730. Bund. O. 70.

[50] Bund. O. 71.

[51] Bund. O. 73.

[52] Bund. O. 75.

[53] Ibid. O. 79.

[54] Bund. O. 84.

[55] Bund. O. 104, 105.

[56] 29th of December 1730. Bund. O. 109.

[57] The correspondence to this effect may be seen, Bund. O. 108, and so

on through that volume.

[58] 30th of March, 1730. Bund. O. 119.

[59] Ent. F. 410.

[60] Ibid. 420. Bund. P. 22.

[61] Ent. G. 203. in April 1750.

[62] Vid. ant. p. 6.

[63] May 23, 1754. Ent. G. 329.

[64] Ent. G. 341, 343, 345.

[65] 6th December 1763.

[66] 6th March 1764. Bund. S. 57, 58.

[67] 21st March 1764. Bund. S. 61. Ent. H. 236, 240.

[68] 30th of March 1764. Ent. H. 260.

[69] 20th of April, 1764. Entries, H. 337.

[70] 11th of December 1764.

[71] Ibid.

[72] Bund. T. 50.

[73] 5th of June 1765. Entries, H. 438.

[74] 6th of May 1765. Entries, H. 435.

[75] 29th of March 1766. Entries, H. 461.

[76] Ent. H. 470. 500.

[77] Ent. I. 229.

[78] Entries, I. pa. 249.

[79] Sect. 1.

[80] 1785, January 14, 17, 20, 24, 28.

[81] 1785, January 29, 31.

[82] 1785, Feb. 5th.

[83] 1785, Dec. 7, 9, 12, 13—1786, Jan. 10, 11.

[84] January 14.

[85] 1786, January 16, 17, 18, 25, 30—Feb. 1, 3, 7, 10, 14—March 11.

[86] 1786, March 17.

[87] 1788, Feb. 9—March 26—April 3.

[88] _Boni judicis est ampliare jurisdictionem._