Chapter VIII: Appendix: 10 & 11 Gul. III. Cap. 25 (1)

_An act to encourage the Trade to ~Newfoundland~._

[Sidenote: Preamble. King’s subjects to have free trade to _Newfoundland_. No alien to bait or fish in _Newfoundland_.]

Whereas the trade of and fishing at _Newfoundland_ is a beneficial trade to this kingdom, not only in the imploying great numbers of seamen and ships, and exporting and consuming great quantities of provisions and manufactures of this realm, whereby many tradesmen and poor artificers are kept at work, but also in bringing into this nation, by returns of the effects of the said fishery from other countries, great quantities of wine, oil, plate, iron, wool, and sundry other useful commodities, to the increase of his Majesty’s revenue, and the encouragement of trade and navigation; be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from henceforth it shall and may be lawful for all his Majesty’s subjects residing within this his realm of _England_, or the dominions thereunto belonging, trading or that shall trade to _Newfoundland_, and the seas, rivers, lakes, creeks, harbours in or about _Newfoundland_, or any of the islands adjoining or adjacent thereunto, to have, use, and enjoy, the free trade and traffick, and art of merchandize and fishery, to and from _Newfoundland_, and peaceably to have, use, and enjoy, the freedom of taking bait and fishing in any of the rivers, lakes, creeks, harbours, or roads, in or about _Newfoundland_, and the said seas, or any of the islands adjacent thereunto, and liberty to go on shore on any part of _Newfoundland_, or any of the said islands, for the curing, salting, drying, and husbanding of their fish, and for making of oil, and to cut down wood and trees there for building and making or repairing of stages, ship-rooms, train-fats, hurdles, ships, boats, and other necessaries for themselves and their servants, seamen, and fishermen, and all other things which may be useful or advantageous to their fishing trade, as fully and freely as at any time heretofore have been used or enjoyed there by any of the subjects of his Majesty’s royal predecessors, without any hindrance, interruption, denial, or disturbance of or from any person or persons whatsoever; and that no alien or stranger whatsoever, (not residing within the kingdom of _England_, dominion of _Wales_, or town of _Berwick upon Tweed_), shall at any time hereafter take any bait, or use any sort of trade or fishing whatsoever in _Newfoundland_, or in any of the said islands or places above-mentioned.

[Sidenote: No ballast, _&c._ to be thrown out of any ship into the harbours, but carried on shore.]

2. And for the preserving the said harbours from all annoyances; be it further enacted by the authority aforesaid, That from and after the twenty-fifth day of _March_ one thousand seven hundred now next coming, no ballast, prest stones, or any thing else hurtful to or annoying any of the harbours there, shall be thrown out of any ship or otherwise, by any person or persons whatsoever to the prejudice of any of the said harbours, but that all such ballast and other things shall be carried on shore, and be laid where they may do no annoyance.

[Sidenote: No person to destroy any stage or cook-room, _&c._ Stages to be repaired with timber.]

3. And be it further enacted by the authority aforesaid, That no person or persons whatsoever shall (at his departure out of the said country, or at any other time) destroy, deface, or do any detriment to any such stage or cook room, or to the flakes, spikes, nails, or any other thing whatsoever thereto belonging, as he or they shall fall into at his or their coming into the said country, but that he or they shall (during his or their stay there) content him and themselves with such stage or stages only as are needful for him or them, and shall also (at his or their departure thence) leave all such his or their stage or stages, without doing, or causing to be done, any wilful damage to any of them; and that for the repairing of such stage or stages as he or they shall so take, during his or their abode there, the same shall be done with timber fetcht out of the woods there, and not by the ruining, breaking down, demolishing, prejudicing, or anywise injuring the stage or stages of any other person or persons whatsoever.

[Sidenote: Every fishing ship first entering harbour, shall be admiral during that fishing season, _etc._ Second ship vice admiral. Next ship rear admiral. Person possessed of several places shall make his election which to abide in, and give his resolution to any after-comer in 48 hours after demand. In case of difference, admirals to proportion the place.]

4. And be it further enacted by the authority aforesaid, That (according to the ancient custom there used) every such fishing ship from _England_, _Wales_, or _Berwick_, or such fisherman as shall, from and after the said twenty-fifth day of _March_, first enter any harbour or creek in _Newfoundland_, in behalf of his ship, shall be admiral of the said harbour or creek during that fishing season, and for that time shall reserve to himself only so much beech or flakes, or both, as are needful for the number of such boats as he shall there use, with an overplus only for the use of one boat more than he needs, as a privilege for his first coming thither; and that the master of every such second fishing ship, as shall enter any such harbour or creek, shall be vice admiral of such harbour or creek during that fishing season; and that the master of every such fishing ship next coming, as shall enter any such harbour or creek, shall be rear admiral of such harbour or creek during that fishing season; and that the master of every fishing ship there shall content himself with such beech or flakes, as he shall have necessary use for, without keeping or detaining any more beech or flakes, to the prejudice of any such other ship or vessel as shall arrive there; and that such person or persons, as are possessed of several places in several harbours or creeks there, shall make his or their election of such place as he or they shall chuse to abide in; and shall also, within eight and forty hours after any after-comer or after-comers into such place or places shall demand such his or their resolution touching such his or their election (if the weather will so soon permit, or so soon after as the weather will permit) give or send his or their resolution to such after-comer or after-comers, touching such his or their election of such place as he or they shall so chuse to abide in for the fishing season, to the end that such after-comer or after-comers may likewise chuse his or their place or places of his or their abode there; and in case any difference shall arise touching the said matters, the admirals of the respective harbours where such differences shall arise, or any two of them, shall proportion the place to the several ships in the several harbours they fish in, according to the number of boats which each of the said ships shall keep.

[Sidenote: Persons who, since 1685, have detained any stage, cook-room, _etc._ shall relinquish the same, to the publick use of fishing ships, _etc._]

5. And whereas several inhabitants in _Newfoundland_, and other persons, have, since the year of our Lord one thousand six hundred eighty-five, ingrossed and detained in their own hands, and for their own private benefit, several stages, cook-rooms, beeches, and other places in the said harbours and creeks, (which, before that time belonged to fishing ships) for taking of bait, and fishing and curing their fish, to the great prejudice of the fishing ships that arrive there in the fishing season, and sometimes to the overthrow of some of their voyages, and to the great discouragement of the traders there; be it further enacted by the authority aforesaid, That all and every such person and persons, as since the said year of our Lord one thousand six hundred eighty-five, have or hath taken, seized, or detained any such stage, cook-room, beech, or other place, for taking bait or fishing, or for the drying, curing, or husbanding of fish, shall, on or before the said twenty-fifth day of _March_, relinquish, quit, and leave, to the publick use of the fishing ships arriving there, all and every the said stages, cook-rooms, beeches, and other places, for taking bait and fishing, and for the dying, curing and husbanding of fish.

[Sidenote: No fisherman or inhabitant of _Newfoundland_ to possess any stage, _etc._ until all fishing ships be provided, _etc._]

6. And for the preventing the ingrossing, and detaining, of all such stages, cook-rooms, beeches, and other places, by any person or persons for the time to come; be it enacted by the authority aforesaid, That no fisherman or inhabitant in _Newfoundland_, or any other person or persons whatsoever, shall, at any time after the said twenty-fifth day of _March_, seize, take up, or possess any of the stages, cook-rooms, beeches, or other places, which, at any time since the said year of our Lord one thousand six hundred eighty-five, did or at any time hereafter shall belong to any fishing ship or ships, for taking bait or fishing, or for drying, curing, or husbanding of fish, before the arrival of the fishing ships out of _England_, _Wales_, and _Berwick_, and until all such ships shall be provided with stages, cook-rooms, beeches, and other places, for taking bait and fishing, and for drying, curing and husbanding of fish.

[Sidenote: Proviso.]

7. Provided always, That all such persons as since the twenty-fifth day of _March_ one thousand six hundred eighty-five, have built, cut out, or made, (or at any time hereafter shall build, cut out, or make), any houses, stages, cook-rooms, train-fats, or other conveniences for fishing there, that did not belong to fishing ships since the said year one thousand six hundred eighty-five, shall and may peaceably and quietly enjoy the same to his or their own use, without any disturbance of or from any person or persons whatsoever.

[Sidenote: By-boat keepers not to meddle with house, stage, _etc._ belonging to any fishing ships.]

8. And be it further enacted by the authority aforesaid, That all and every person or persons whatsoever, that shall go over with their servants to _Newfoundland_, to keep boats on a fishing voyage, commonly called _By-boat keepers_, shall not pretend to or meddle with any house, stage, cook-room, train-fat, or other conveniency, that did belong to fishing ships, since the year one thousand six hundred eighty-five, or shall be cut out or made by ships, from and after the said twenty-fifth day of _March_, one thousand seven hundred.

[Sidenote: And to carry two fresh men in six. Inhabitant obliged to imploy two such fresh men. Master of fishing ship to carry one fresh man in five: and make oath thereof. Certificate _gratis_.]

9. And be it further enacted by the authority aforesaid, That every master of a by-boat or by-boats shall carry with him at least two fresh men in six, (viz.) one man that hath made no more than one voyage, and one man who hath never been at sea before; and that every inhabitant shall be obliged to employ two such fresh men, as the by-boat keepers are obliged for every boat kept by them; and further, that all masters of fishing ships shall carry with them, in their ship’s company, at least one such fresh man that never was at sea before, in every five men they carry; and that the master of each such by-boat, and each such fishing ship, shall make oath before the collector, or other principal officer of the customs of the port or ports from whence such ship intends to sail, that each ship and by-boat’s company have such fresh men therein as this act directs; and that the said officer or officers is and are hereby impowered and required to administer the aforesaid oath to the said masters of ships and by-boats, and give a certificate thereof under his hand, without any fee, gratuity, or reward for so doing.

[Sidenote: Every fifth man a green-man.]

10. And be it further enacted by the authority aforesaid, That every master or owner of any fishing ship going to _Newfoundland_ (after the said twenty-fifth day of _March_), shall have in his ship’s company every fifth man a green-man (that is to say) not a seaman, or having been ever at sea before.

[Sidenote: Marks of boats or train-fats not to be obliterated, _etc._ without consent of owner.]

11. And be it further enacted by the authority aforesaid, That no person or persons whatsoever shall at any time, after the said twenty-fifth day of _March_, obliterate, expunge, cut out, deface, or any wise alter or change the mark or marks of any boat or boats, train-fat, or train-fats, belonging to any other person or persons, whereby to defraud or prejudice the right owner or owners thereof, nor convert to his or their own use any boat or boats, train-fat or train-fats, belonging to any other person or persons, without his or their consent and approbation, nor remove nor take away any such boat or train-fat from the place or places where they shall be left by the owner or owners thereof, except in case of necessity, and also upon giving notice thereof to the admiral of the harbour or place where such boat or train-fat shall be left by the owner or owners, to the end that the right owners thereof may know what is become of them.

[Sidenote: Standing trees not to be rinded, nor woods fired. Necessary fuel excepted, _etc._ Sayns not to be annoyed, nor nets, baits, _etc._ stolen.]

12. And be it enacted by the authority aforesaid, That no person or persons whatsoever shall, at any time after the said twenty-fifth day of _March_, rind any of the trees there standing or growing upon any occasion whatsoever, nor shall by any ways or means whatsoever set on fire any of the woods of the said country, or do, or cause to be done, any damage, detriment, or destruction to the same, for any use or uses whatsoever, except only for necessary fuel for the ships and inhabitants, and for the building and necessary repairs of houses, ships, boats, and train-fats, and of the stages, cook-rooms, beeches, and other places, for taking bait and fishing, and for drying, curing, and husbanding fish there; and also that no person or persons whatsoever shall, at any time after the said twenty-fifth day of _March_, cast anchor, or do any other matter or thing, to the annoyance or hindring of the haling of sayns in the accustomary baiting places, or shoot his or their sayn or sayns within or upon the sayn or sayns of any other person or persons whatsoever; and also that no person or persons whatsoever shall, at any time after the said twenty-fifth day of _March_, steal, purloin, or take out of the net or nets of any other person or persons whatsoever, lying adrift, or drover for bait by night, nor steal, purloin, or take away any bait out of any fishing boat or boats, or any net or nets belonging to any other person or persons.

[Sidenote: Robberies, _etc._ in _Newfoundland_ may be tried in any county in _England_, by commission of _oyer_ and _terminer_.]

13. And whereas several persons that have been guilty of thefts, robberies, murders, and other felonies, upon the land in _Newfoundland_, and the islands thereunto adjacent, have many times escaped unpunished, because the trial of such offenders hath heretofore been ordered and adjudged in no other court of justice, but before the Lord High Constable and Earl Marshal of _England_; for reformation thereof, and for the more speedy and effectual punishment of such offences for the time to come, be it enacted by the authority aforesaid, That all robberies, murders, and felonies, and all other capital crimes whatsoever, which, at any time or times after the said twenty-fifth day of _March_, shall be done and committed in or upon the land in _Newfoundland_, or in any of the Islands thereunto belonging, shall and may be inquired of, tried, heard, determined, and adjudged in any shire or county of this kingdom of _England_, by virtue of the King’s commission or commissions of _oyer_ and _terminer_, and gaol delivery, or any of them, according to the laws of this land used for the punishment of such robberies, murders, felonies, and other capital crimes done and committed within this realm.

[Sidenote: Admirals in _Newfoundland_ to see the rules, _etc._ in this act executed, keep a journal, _etc._ and deliver a copy thereof to the Privy Council.]

14. And be it further enacted by the authority aforesaid, That the admirals of and in every port and harbour in _Newfoundland_, for the time being, be and are hereby authorised and required (in order to preserve peace and good government amongst the seamen and fishermen, as well in their respective harbours, as on the shore) to see the rules and orders in this present act contained, concerning the regulation of the fishery there, duly put in execution; and that each of the said admirals do yearly keep a journal of the number of all ships, boats, stages, and train-fats, and of all the seamen belonging to and imployed in each of their respective harbours, and shall also (at their return to _England_) deliver a true copy thereof, under their hands, to his Majesty’s most honourable Privy Council.

[Sidenote: Admirals to determine differences between masters of fishing ships and inhabitants. Party aggrieved may appeal.]

15. And be it further enacted by the authority aforesaid, That in case any difference or controversy shall arise in _Newfoundland_, or the islands thereunto adjoining, between the masters of fishing ships and the inhabitants there, or any by-boat keeper, for or concerning the right and property of fishing rooms, stages, flakes, or any other building or conveniency for fishing or curing of fish, in the several harbours or coves, the said differences, disputes, and controversies, shall be judged and determined by the fishing admirals, in the several harbours and coves; and in case any of the said masters of fishing ships, by-boat keepers, or inhabitants, shall think themselves aggrieved by such judgement or determination, and shall appeal to the commanders of any of his Majesty’s ships of war, appointed as convoys for _Newfoundland_, the said commander is hereby authorised and impowered to determine the same, pursuant to the regulation in this act.

[Sidenote: Inhabitants to observe the Lord’s Day, and not sell any liquors thereon.]

16. And to the end that the inhabitants, fishermen, seamen, and all and every other person and persons residing or being at _Newfoundland_, or any the said islands, or other places, may with all devotion join their solemn prayers and addresses to Almighty God, for the obtaining of his blessing upon their persons and endeavours; be it hereby enacted, That all and every the inhabitants of _Newfoundland_, or the said islands or places adjacent near thereto, shall strictly and decently observe every Lord’s Day, commonly called _Sunday_, and that none of the said inhabitants (who keep any tavern, alehouse, or other publick house for entertainment) shall entertain or sell, vend, utter, or dispose of, to any fisherman, seaman, or other person whatsoever, upon any Lord’s Day or _Sunday_, any wine, beer, ale, cyder, strong waters, or tobacco, or any other liquor or liquors whatsoever.

[Sidenote: 8 & 9 _W._ III. _c._ 24. 9 & 10 _W._ III. _c._ 23. Whale fins, oil, and blubber, imported by _Greenland_ merchants, not liable to the duty of 12_d._ _per_ lb. charged in the tunnage acts, nor for whale fins, _etc._ taken in _Newfoundland_.]

17. And whereas by an act of Parliament, made in the eighth and ninth years of his Majesty’s reign, intituled, _An act for granting to his Majesty a further subsidy of tunnage and poundage upon merchandizes imported, for the term of two years and three quarters, and an additional land tax for one year for carrying on the war against ~France~_; and by another act, made in the ninth and tenth years of his Majesty’s reign, intituled, _An act for granting to his Majesty a further subsidy of tunnage and poundage, towards the raising a yearly sum of seven hundred thousand pounds, for the service of his Majesty’s household, and other uses therein mentioned, during his Majesty’s life_, an additional duty of twelve-pence on every twenty shillings value of all goods and merchandizes imported (all manner of fish _English_ taken excepted) is granted to his Majesty, his heirs and successors: And whereas some doubt hath arisen, whether oil, blubber, and fins, taken and imported by the company of merchants of _London_ trading to _Greenland_, are not liable to the said duty; be it therefore enacted by the authority aforesaid, That all whale fins, oil, and blubber, taken and imported by the ships of the company of merchants of _London_ trading to _Greenland_, were not nor are intended to be charged or made liable to the duty of twelve-pence for every twenty shillings value of goods imported, charged in the aforesaid acts, but that the whale fins, oil, and blubber, taken and imported as aforesaid, and also all whale fins, oil, and blubber of _English_ fishing, taken in the seas of _Newfoundland_, or any of the seas belonging to any of his Majesty’s plantations or colonies, and imported into this kingdom by any of his Majesty’s subjects in _English_ shipping, were, and are hereby declared to be free of the said duties, as all fish of _English_ taking; the aforesaid acts, or any thing therein contained to the contrary in any-wise notwithstanding.

15 GEO. III. Cap. 31.

_An act for the encouragement of the Fisheries carried on
from ~Great Britain~, ~Ireland~, and the ~British~ Dominions
in ~Europe~, and for securing the return of the fishermen,
sailors, and others employed in the said fisheries, to the
ports thereof, at the end of the fishing season._

[Sidenote: Preamble. After _Jan. 1, 1776_, bounties to be given to vessels fitted out from _Great Britain_ or _Ireland_ for the _Newfoundland_ fishery, qualified as by act 10 & 11 _Gul._ III. Certificates to be produced to the collector of customs from the governor of _Newfoundland_, of the qualification of ships, _&c._ Masters and mates to make oath. Certificates and oaths to be granted and administered without fee. Collectors of customs to pay the bounties.]

Whereas the fisheries carried on by his Majesty’s subjects of _Great Britain_, and of the _British_ dominions in _Europe_ have been found to be the best nurseries for able and experienced seamen, always ready to man the royal navy when occasions require; and it is therefore of the highest national importance to give all due encouragement to the said fisheries, and to endeavour to secure the annual return of the fishermen, sailors, and others employed therein, to the ports of _Great Britain_, and of his Majesty’s dominions before-mentioned, at the end of every fishing season: Now, in order to promote these great and important purposes, and with a view, in the first place, to induce his Majesty’s subjects to proceed early from the ports of _Great Britain_ to the banks of _Newfoundland_, and thereby to prosecute the fishery on the said banks to the greatest advantage, may it please Your Majesty that it may be enacted; and be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That, from and after the first day of _January_ one thousand seven hundred and seventy-six, the respective bounties herein-after mentioned shall be paid and allowed annually, for eleven years, for a certain number of ships or vessels employed in the _British_ fishery on the banks of _Newfoundland_, under the limitations and restrictions herein-after expressed; that is to say, such vessels shall appear by their register to be _British_ built, and owned by his Majesty’s subjects residing in _Great Britain_ or _Ireland_, or the islands of _Guernsey_, _Jersey_, or _Man_; and be of the burthen of fifty tons or upwards, and navigated with not less than fifteen men each, three-fourths of whom, besides the master, shall be his Majesty’s subjects; and in other respects qualified, and subject to the same rules and restrictions, as are described by an act, made in the tenth and eleventh years of the reign of the late King _William_ the third, (intituled, _An act to encourage the trade to ~Newfoundland~_); and shall be fitted and cleared out from some port in _Great Britain_ after the said first day of _January_ one thousand seven hundred and seventy-six, and after that day in each succeeding year, and shall proceed to the banks of _Newfoundland_; and having catched a cargo of fish upon those banks, consisting of not less than ten thousand fish by tale, shall land the same at one of the ports on the southern or eastern side of the island of _Newfoundland_, between _Cape Ray_ and _Cape de Grat_, on or before the fifteenth day of _July_ in each year; and shall make one more trip at least to the said banks, and return with another cargo of fish catched there to the same port; in which case, the twenty-five vessels first arriving at the said island of _Newfoundland_ from the banks thereof, with a cargo of fish catched there, consisting of ten thousand fish by tale at the least, and after landing the same at one of the ports within the limits before mentioned in _Newfoundland_, shall proceed again to the said banks, and return to the said island with another cargo of fish, shall be intitled to forty pounds each; and one hundred vessels which shall so arrive the next in order of time, on or before the said fifteenth day of _July_ in each year, at the said island, with a like cargo, and shall proceed again to the said banks, and return from thence in the manner herein-before mentioned, shall be intitled to twenty pounds each; and one hundred other vessels which shall so arrive the next in order of time, on or before the said fifteenth day of _July_ in each year, at the said island, with a like cargo, and shall proceed again to the said banks, and return from thence in the manner herein-before mentioned, shall be intitled to ten pounds each, upon the master or owner of such vessel’s producing to the collector of his Majesty’s customs at the port in _Great Britain_ from whence such vessel was cleared out a certificate, under the hand and seal of the governor of _Newfoundland_, that the master of such vessel had produced to him a certificate under the hands of the collector and comptroller of the customs at the port from whence such vessel was cleared out, testifying that such vessel was duly qualified to proceed on such fishery, in pursuance of the before-mentioned act, made in the tenth and eleventh years of King _William_ the third; and that it has been made appear to his satisfaction, by a certificate under the hand and seal of the naval officer of the district in _Newfoundland_, where such fish was landed, or where there is no naval officer, under the hand and seal of the commander of any of his Majesty’s ships stationed there, or of such officer as the governor shall approve, specifying the time of such vessel’s arrival, in manner before directed, that such vessel was intitled by the priority and time of her arrival to one or other of the bounties therein mentioned, as the fact may be; and that the master and mate of such vessel had made oath before such naval or other officer as aforesaid, that the number of fish taken on the first trip amounted to ten thousand at least by tale, that he had made two trips at least, and that all the fish on both trips were catched on the banks of _Newfoundland_; which certificate and oath the said governor and naval or other officer as aforesaid are hereby impowered and required to grant and administer to the master and mate of such vessel without fee or reward; and upon delivering up the said certificate to such collector, the respective bounties therein mentioned shall be paid by such collector out of any money remaining in his hands arising by the duties of customs or other subsidies upon foreign goods imported into this kingdom; and in case such collector shall not have sufficient money in his hands to pay the said bounties, he shall certify the same to the commissioners of his Majesty’s customs in _England_ or _Scotland_ respectively, who are hereby authorised and required to order the same to be paid by the receiver general of the customs, out of any money in his hands arising by any of the duties and revenues under their management respectively.

[Sidenote: Any part of _Newfoundland_ not in use may be used for curing and drying fish.]

2. And be it further enacted by the authority aforesaid, That for the better accommodation of the persons belonging to vessels employed in the _Newfoundland_ fishery, it shall and may be lawful for the masters and crews belonging to any vessels fitted out and employed in that fishery in pursuance of this or any other act, to occupy and use, for the purpose of curing, salting, drying, and husbanding their fish, any vacant or void space whatever on any part of _Newfoundland_ which is not then occupied and used for the said fishery, without any let, disturbance, or hinderance, from any person or persons whatsoever, although such unoccupied places may not before have been reputed ships rooms; and all such unoccupied places shall from henceforth be deemed and taken to be ships rooms, any custom or usage to the contrary notwithstanding.

[Sidenote: What bounties are to be given to ships fitted out for the whale fishery. Masters and mates making oath, _etc._ Receiver general of his Majesty’s customs to pay the bounties.]

3. And in order to induce his Majesty’s subjects in _Great Britain_ and _Ireland_, and the islands of _Guernsey_, _Jersey_, and _Man_, to carry on the whale fishery on the coasts of _Newfoundland_, and the seas adjacent, be it further enacted by the authority aforesaid, That the several bounties hereafter mentioned shall be allowed annually, for eleven years, for five vessels employed in that fishery, under the limitations and restrictions herein-after expressed; that is to say, such vessels shall appear by their register to be _British_ built, and owned by his Majesty’s subjects residing in _Great Britain_, _Ireland_, or the islands of _Guernsey_, _Jersey_, or _Man_, and navigated with three fourths of his Majesty’s subjects of _Great Britain_, _Ireland_, or the islands of _Guernsey_, _Jersey_, or _Man_, besides the master, and shall be fitted and cleared out from some port in _Great Britain_ or _Ireland_, or the islands of _Guernsey_, _Jersey_, or _Man_, after the first day of _January_ one thousand seven hundred and seventy-six, and after that day in each succeeding year, and shall take and kill one whale at least in the _Gulph of Saint Lawrence_, or on the coasts of _Labrador_, _Newfoundland_, or in any seas to the southward of the _Greenland_ seas and _Davis’s Streights_, and shall return within the same year to some port in _England_ with the oil of such whale or whales so taken as aforesaid; and on the master and mate of such vessel, and two of the mariners belonging to her, making oath before the collector and comptroller of the customs at the port of her arrival (which oath they are hereby authorised and required to administer), that such oil is the produce of one or more whale or whales taken and killed by the crew then belonging to such vessel, mentioning the time when she departed from _Great Britain_, _Ireland_, or the islands of _Guernsey_, _Jersey_, or _Man_, and from what port, and the time and place where such whale or whales was or were taken and killed, such oil may be landed without payment of any duty whatsoever; and the collector and comptroller of such port shall thereupon forthwith transmit such oath to the commissioners of his Majesty’s customs at _London_, any four or more of whom are hereby authorised and required to order the receiver general of his Majesty’s customs to pay, out of any money in his hands arising by any duties under their management, for the vessel which shall so arrive in each year with the greatest quantity of oil taken as aforesaid, five hundred pounds; for the vessel which shall in like manner arrive in the same year with the next greatest quantity of oil so taken as aforesaid, four hundred pounds; for the vessel which shall in like manner arrive in the same year with the next greatest quantity of oil so taken as aforesaid, three hundred pounds; for the vessel which shall in like manner arrive in the same year with the next greatest quantity of oil so taken as aforesaid, two hundred pounds; and for the vessel which shall so arrive in the same year with the next greatest quantity of oil so taken as aforesaid, one hundred pounds; the said oil so to be imported by each of the said vessels being the produce of one whale at the least; which said several and respective bounties shall be paid by such receiver general, within two months after the expiration of each year in which such vessel shall arrive, to the owner or owners of such vessels so intitled thereto, or their assigns duly authorised to demand the same.

[Sidenote: What persons are intitled to the privilege of drying fish on the banks of _Newfoundland_.]

4. And in order to obviate any doubts that have arisen, or may arise, to whom the privilege or right of drying fish on the shores of _Newfoundland_ does or shall belong, under the before mentioned act, made in the tenth and eleventh year of the reign of King _William_ the third, which right or privilege has hitherto only been enjoyed by his Majesty’s subjects of _Great Britain_, and the other _British_ dominions in _Europe_; be it enacted and declared by the authority aforesaid, That the said right and privilege shall not be held and enjoyed by any of his Majesty’s subjects arriving at _Newfoundland_ from any other country except from _Great Britain_, or one of the _British_ dominions in _Europe_.

[Sidenote: Provisions, and all necessaries for fishing may be exported from _Ireland_ and the _Isle of Man_, to _Newfoundland_, being _British_ or _Irish_ product or manufacture.]

5. And it is hereby further enacted by the authority aforesaid, That it shall and may be lawful for any of his Majesty’s subjects residing in _Ireland_ to ship and lade there, and to transport directly from thence to _Newfoundland_, or to any part of _America_ where the fishery is now or shall hereafter be carried on, on board any ship or vessel which may lawfully trade or fish there, any provisions, and also any hooks, lines, netting, or other tools or implements necessary for and used in the fishery by the crews of the ships or vessels carrying out the same, and the craft belonging to and employed by such ships or vessels in the said fishery, such provisions, hooks, lines, netting, or other tools or implements, being the product and manufacture of _Great Britain_ or _Ireland_, and that it shall and may be lawful for any of his Majesty’s subjects residing in the _Isle of Man_, in like manner to export directly from thence any of the articles herein-before mentioned for the purpose aforesaid, such articles being the product or manufacture of _Great Britain_, or the said _Isle of Man_, any law, custom, or usage, to the contrary notwithstanding.

[Sidenote: Masters of vessels to produce certificates from the officer of customs, that the provisions, _&c._ are the product, _&c._ of _Great Britain_ or _Ireland_. On failure, _&c._ the ship to be forfeited.]

6. Provided always, and it is hereby further enacted by the authority aforesaid, That the master or other person taking charge of such ship or vessel shall produce to the proper officer of the customs in the colony or plantation where he shall arrive a certificate, under the hand and seal of the collector or other principal officer of the customs in the port where he shall have fitted out, that oath hath been made before him by the shipper of such provisions, hooks, lines, netting, or other tools and implements, that the same are of the product and manufacture of _Great Britain_ or _Ireland_, or the _Isle of Man_ respectively, as the fact may be, and that the several articles before mentioned, (except the provisions), specifying the quantities and particulars of each sort, are to be used in the fishery by the crews of the respective ship or vessel carrying out the same, and by the craft belonging to and to be employed by such ship or vessel in the said fishery, and for no other use or purpose whatsoever, (which oath and certificate such collector or other officer is hereby authorised and required to administer and grant without fee or reward); and on failure of producing such certificate, or if any such hooks, lines, netting, tools and implements, are used or disposed of for any other purpose, the same, and the ship or vessel having the same on board, shall be liable to be seized and forfeited in the same manner as they would have been subject and liable if this act had not been made, any thing herein contained to the contrary notwithstanding.

[Sidenote: No fishing ships, or any craft carrying necessaries for the fishery, to be liable to any restraint as to time of working, nor to make any entry at the customhouse, _&c._]

7. And it is hereby further enacted by the authority aforesaid, That, from and after the first day of _January_ one thousand seven hundred and seventy-six, all vessels fitted and cleared out as fishing ships in pursuance of this act, or of the before-mentioned act, made in the tenth and eleventh years of the reign of the late King _William_ the third, and which shall be actually employed in the fishery there, or any boat or craft whatsoever employed in carrying coastwise, to be landed or put on board any ships or vessels, any fish, oil, salt provisions, or other necessaries, for the use and purpose of that fishery, shall not be liable to any restraint or regulation with respect to days or hours of working, nor to make any entry at the customhouse at _Newfoundland_, except a report to be made by the master on his first arrival there, and at his clearing out from thence; and that a fee not exceeding two shillings and sixpence shall and may be taken by the officers of the customs at _Newfoundland_ for each such report; and that no other fee shall be taken or demanded by any officer of the customs there, upon any other pretence whatsoever, relative to the said fishery, any law, custom, or usage, to the contrary notwithstanding.

[Sidenote: If ships have on board any other goods than fish or oil, _&c._ they shall be under the usual restrictions, _&c._]

8. Provided always, and be it enacted, That in case any such fishing ship or vessel shall at her last clearing out from the said island of _Newfoundland_ have on board, or export any goods or merchandise whatsoever, except fish, or oil made of fish, such ship or vessel, and the goods thereon laden, shall be subject and liable to the same securities, restrictions, and regulations, in all respects, as they would have been subject and liable to if this act had not been made, any thing herein-before contained to the contrary notwithstanding.

[Sidenote: Act 25 _Car._ II. allowing train oil, _&c._ to be imported duty-free, recited, and after _Sept. 1, 1775_, extended to all ships belonging to _Great Britain_, _Ireland_, _Guernsey_, _&c._]

9. And whereas by an act, made in the twenty-fifth year of the reign of King _Charles_ the second, (intituled, _An act for the encouragement of the ~Greenland~ and ~Eastland~ Trades, and for the better securing the plantation trade_), and by other acts of parliament, it is lawful for any person or persons to import into _England_ train oil or blubber of _Greenland_, and parts adjacent, and those seas, or of _Newfoundland_, or of any other his Majesty’s colonies and plantations, made of fish, or of any other creature living in the seas, and whale fins caught in any ships or vessels truly and properly belonging to _England_ or _Wales_, or town of _Berwick upon Tweed_, and imported in such ships, without paying any custom or duty for the same, which liberty, by a subsequent act of parliament, is extended to ships belonging to _Great Britain_; and it is reasonable that the same indulgence should be extended to oil and blubber of fish, and other creatures living in the sea, and to whale fins caught in any part of the ocean by ships belonging to _Great Britain_, _Ireland_, and the islands of _Guernsey_, _Jersey_, and _Man_; be it therefore enacted by the authority aforesaid, That, from and after the first day of _September_ one thousand seven hundred and seventy-five, the liberty granted by the said act to import into this kingdom oil or blubber of fish, or other creatures living in the sea, or whale fins taken within the limits therein mentioned, duty-free, shall extend, and be construed to extend, to such oil or blubber, or whale fins, as shall be so taken in any part of the ocean by, and imported in any ship or vessel truly and properly belonging to his Majesty’s subjects of _Great Britain_, _Ireland_, or the islands of _Guernsey_, _Jersey_, or _Man_, any law, custom, or usage, to the contrary notwithstanding.

[Sidenote: After _Sept. 1, 1775_, undressed seal skins may be imported duty-free.]

10. And it is hereby further enacted by the authority aforesaid, That, from and after the first day of _September_ one thousand seven hundred and seventy-five, it shall and may be lawful for any person or persons to import into this kingdom any raw and undressed seal skins taken and caught by the crews of vessels belonging to and fitted out either from _Great Britain_, _Ireland_, or the islands of _Guernsey_, _Jersey_, or _Man_ respectively, and whereof the captain or master and three-fourths at the least of the mariners are his Majesty’s subjects, or by persons employed by the masters or owners of such vessels, without paying any custom, subsidy, or other duty for the same, any law or usage to the contrary notwithstanding.

[Sidenote: Not to extend to any seal skins except those imported by ships qualified as aforesaid, and duly entered at the customhouse, _&c._]

11. Provided always, That nothing in this act shall extend, or be construed to extend, to give liberty of importing any such seal skins duty-free, unless the captain or person having the charge or command of such ship or vessel importing the same shall make oath before the collector or other principal officer of the customs at the port of importation, (who is hereby authorised and required to administer such oath), that all the skins imported in such ship or vessel were really and _bona fide_ the skins of seals taken and caught by the crews thereof, or by persons employed by the master or owner of such ship or vessel, or of some other ship or vessel qualified as aforesaid; and such seal skins shall be also duly entered at the customhouse for the said port, and landed in the presence of the proper officer or officers of the customs appointed for that purpose; and on failure of any of these conditions, such skins shall be liable to pay the same duties as they would have been subject and liable to if this act had not been made, any thing herein contained to the contrary notwithstanding.

[Sidenote: No shipmaster to carry any fishermen, _&c._ as passengers to any part of the continent of _America_ without permission, under the penalty of 200_l._]

12. And whereas it has been a practice of late years for divers persons to seduce the fishermen, sailors, artificers, and others employed in carrying on the fishery, arriving at _Newfoundland_, on board fishing and other vessels from _Great Britain_, and the _British_ dominions in _Europe_, to go from thence to the continent of _America_, to the great detriment of the fishery, and the naval force of this kingdom: Now, in order to remedy the said evil, and to secure the return of the said fishermen, sailors, artificers, and others, employed as aforesaid, to the _British_ dominions in _Europe_, be it further enacted by the authority aforesaid, That, from and after the first day of _January_ one thousand seven hundred and seventy-six, it shall not be lawful for the master, or person having the charge or command of any ship or vessel trading to or from any place within the government of _Newfoundland_, to carry or convey, as passengers, any such fishermen, sailors, artificers, and others, employed as aforesaid, from thence to any part of the continent of _America_, without the permission under the hand and seal of the governor of the said island of _Newfoundland_, under the penalty of forfeiting two hundred pounds for every such offence.

[Sidenote: Regulations for persons employing seamen or fishermen at _Newfoundland_.]

13. And whereas in several acts, passed in the eleventh and twelfth years of _William_ the third, the eighth of _George_ the first, and second and twelfth of _George_ the second, provision has been made to prevent seamen and mariners in the merchant service being wilfully left beyond sea, and to secure and provide for their return home to such part of his Majesty’s dominions whereto they belong: and whereas, for want of such provisions being extended to seamen and fishermen going out as passengers to _Newfoundland_, and hired and employed in the fisheries carried on there, great numbers of them remain in that country at the end of every fishing season, who would otherwise return home, and some of them have frequently turned robbers and pirates; for remedy of which evil, be it enacted by the authority aforesaid, That no person or persons whatsoever shall, from and after the first day of _January_ one thousand seven hundred and seventy-six, employ, or cause to be employed at _Newfoundland_, for the purpose of carrying on the fishery there, any seaman or fisherman going as passengers, or any seaman or fisherman hired there, without first entering into an agreement or contract in writing with every such seaman or fisherman, declaring what wages such seaman or fisherman is to have, and the time for which he shall serve, which shall be signed by both parties; wherein it shall be stipulated (amongst other things) that the person so hiring or employing shall be at liberty to reserve, retain, and deduct, and he is hereby authorised, required, and directed to reserve, retain, and deduct, out of the wages of every person so hired or employed, a sum of money equal to the then current price of a man’s passage home, not exceeding forty shillings for each man, which money such hirer or employer shall, at the end of each fishing season, or at the expiration of the covenanted time of service of such seaman or fisherman, pay, or cause to be paid, to the master of a passage or other ship, who shall undertake or agree to carry such seaman or fisherman home to the country whereto he belongs, and shall also convey such seaman or fisherman to and on board such passage or other ship, taking the master’s receipt for the passage money, which receipt he shall immediately thereupon deliver to such seaman or fisherman.

[Sidenote: Employers to pay to fishermen, _&c._ only half of their wages, and the other half in bills, _etc._ at their return home. Penalty on employers neglecting to comply.]

14. And be it further enacted by the authority aforesaid, That no hirer or employer of any such seaman or fisherman shall pay or advance, or cause to be paid or advanced, to such seaman or fisherman, in money, liquor, and goods, or either of them, during the time he shall be in his service, more than one half of the wages which shall at any time be due to him; but such hirer or employer shall, and is hereby required and directed, immediately at or upon the expiration of every such man’s covenanted time or service to pay either in money, or in good bills of exchange, payable either in _Great Britain_ or _Ireland_, or in the country to which such seaman or fisherman belongs, the full balance of his wages, except the money herein-before directed to be retained for his passage home; and it shall not be lawful for any such hirer or employer to turn away or discharge any such seaman or fisherman, except for wilful neglect of duty, or other sufficient cause, before the expiration of his covenanted time of service; and in case the hirer or employer of any such seaman or fisherman shall refuse or neglect to comply with any of the terms herein-before mentioned, or shall otherwise offend against this act, every such person so offending shall forfeit and pay, for every such offence, besides the balance that shall be due to such seaman or fisherman, the money herein-before directed to be retained for his passage home, the sum of ten pounds, to the use of such person or persons who shall inform or sue for the same.

[Sidenote: If any dispute arise, employers obliged to produce the contract.]

15. And be it further enacted by the authority aforesaid, That in all cases where disputes shall arise concerning the wages of any such seaman or fisherman, the hirer or employer shall be obliged to produce the contract or agreement in writing, herein-before directed to be entered into with every such seaman or fisherman.

[Sidenote: All fish and oil liable to the payment of wages.]

16. And be it further enacted by the authority aforesaid, That all the fish and oil which shall be taken and made by the person or persons who shall hire or employ such seaman or fisherman shall be subject and liable, in the first place, to the payment of the wages of every such seaman or fisherman.

[Sidenote: Penalty on seamen or fishermen absenting themselves from their employers without leave.]

17. And be it further enacted by the authority aforesaid, That in case any such seaman or fisherman shall at any time wilfully absent himself from his duty or employ, without the leave and consent of his hirer or employer, or shall wilfully neglect or refuse to work according to the true intent and meaning of such contract or agreement, he shall, for every day he shall so absent himself, or neglect or refuse to work as aforesaid, forfeit two days pay to such hirer or employer; and if any such seaman or fisherman shall wilfully absent himself from his said duty or employ for the space of five days, without such leave as aforesaid, he shall be deemed a deserter, and shall forfeit to such hirer or employer all such wages as shall at the time of such desertion be due to him, (except so much as is herein-before directed to be reserved and retained for the purpose of paying his passage home); and it shall and may be lawful to and for the governor of _Newfoundland_, or his surrogates, or the commissary of the vice admiralty court for the time being, or for any justice of the peace in _Newfoundland_, to issue his or their warrant or warrants to apprehend every such deserter, and on the oath of one or more credible witness or witnesses to commit him to prison, there to remain until the next court of session which shall be holden in pursuance of the commission of the said governor for the time being; and if found guilty of the said offence at such session, it shall and may be lawful to and for the said court of session, to order such deserter to be publickly whipped as a vagrant, and afterwards to be put on board a passage ship, in order to his being conveyed back to the country whereto he belongs.

[Sidenote: Disputes, and all offences, to be determined by the court of session, _etc._ at _Newfoundland_.]

18. And be it further enacted by the authority aforesaid, That all disputes which shall arise concerning the wages of every or any such seaman or fisherman, and all offences which shall be committed by every hirer or employer of such seaman or fisherman, against this act, shall and may be enquired into, heard, and determined, and the penalties and forfeitures thereby incurred shall and may be recovered in the court of session herein-before mentioned, or in the court of vice admiralty having jurisdiction in the said island of _Newfoundland_.

[Sidenote: Act 6 _Anne_, respecting sailors employed in trading ships, _etc._ in _America_ not liable to be impressed, repealed.]