Chapter IX: Appendix: 10 & 11 Gul. III. Cap. 25 (2)

19. And whereas by an act of parliament, passed in the sixth year of the reign of her late Majesty Queen _Anne_, intituled, _An act for the encouragement of the trade to ~America~_, it is amongst other things enacted, That no mariner or other person who shall serve on board, or be retained to serve on board any privateer, or trading ship or vessel, that shall be employed in any part of _America_, nor any mariner or other person being on shore in any part thereof, shall be liable to be impressed or taken away by any officer or officers of or belonging to any of her Majesty’s ships of war, impowered by the lord high admiral, or any other person whatsoever, unless such mariner shall have before deserted from such ship of war: and whereas the said privilege or exemption so given by the said act to mariners serving on board ships or vessels employed in any of the seas or ports of the continent of _America_, or residing on shore there, is prejudicial to the fisheries carried on by his Majesty’s subjects of _Great Britain_ and _Ireland_, and others his Majesty’s dominions in _Europe_, and has proved an encouragement to mariners belonging thereto to desert in time of war, or at the appearance of a war, to the _British_ plantations on the said continent of _America_; be it therefore enacted by the authority aforesaid, That the said clause, so far as it relates to the exempting of mariners or other persons serving, or retained to serve, in any ship or vessel in the seas or ports of the continent of _America_, or other persons on shore there, from being impressed, be and the same is hereby repealed.

[Sidenote: Rum, _&c._ imported into _Newfoundland_ from _America_, to pay a duty of 1_s._ _per_ gallon. How such duty is to be collected, recovered, and applied.]

20. And whereas the immoderate use of rum and other spirits, imported into _Newfoundland_ from his Majesty’s colonies and plantations in _America_ has been found to be highly detrimental to the fisheries carried on there, and it is therefore proper to endeavour to diminish the consumption thereof; be it enacted by the authority aforesaid, That, from and after the first day of _January_ one thousand seven hundred and seventy-six, there shall be paid in to his Majesty, his heirs and successors, for every gallon of rum, or other spirits, which shall be brought or imported into the island of _Newfoundland_ from any _British_ colony or plantation on the continent of _America_, the sum of one shilling sterling money of _Great Britain_; and the same shall be collected, recovered, and paid, to the amount of the value of which such nominal sum bears in _Great Britain_, and may be received and taken according to the proportion and value of five shillings and sixpence the ounce in silver; and the said duty hereby granted shall be raised, levied, collected, paid, and recovered, in the same manner and form, and by such rules, ways, and means, and under such penalties and forfeitures, except in such cases where any alteration is made by this act, as any other duties payable to his Majesty upon goods imported into any _British_ colony or plantation in _America_ are raised, levied, collected, paid, and recovered, by any act or acts of parliament, as fully and effectually, to all intents and purposes, as if the several clauses, powers, directions, penalties and forfeitures relating thereto, were particularly repeated and again enacted in the body of this present act; and that all the monies that shall arise by the said duty, (except the necessary charges of raising, collecting, levying, recovering, answering, paying, and accounting for the same), shall be paid into the receipt of his majesty’s exchequer, and applied and appropriated to the same uses and purposes as the duties arising by that part of the customs, commonly called _The Old Subsidy_, payable in _Great Britain_, are applied and appropriated.

[Sidenote: After _Dec. 25, 1775_, bounties granted by Act 11 _Geo._ III. extended to _Ireland_. Officers to certify that ships are properly fitted out, before they proceed on their voyage. Commissioners of the revenues in _Ireland_, on receiving such certificates, to grant licence, _&c._]

21. And whereas the bounties given by an act of parliament made in the eleventh year of the reign of his present Majesty, intituled, _An act for the better support and establishment of the ~Greenland~ and whale fisheries_, have been found of great advantage to the navigation, trade, and manufactures of this kingdom; and it is just and expedient that the like bounties which are granted by that act to ships fitted out from _Great Britain_, or any of his Majesty’s dominions in _America_, for those fisheries, should, in like manner, be granted to ships fitted out for that purpose from the kingdom of _Ireland_; be it therefore enacted by the authority aforesaid, That, from and after the twenty-fifth day of _December_ one thousand seven hundred and seventy-five, the respective bounties herein-after mentioned shall be allowed for every ship or vessel _British_-built, and owned by his Majesty’s subjects of _Ireland_, and whereof the captain or master and at least one-third of the mariners are his Majesty’s subjects of _Great Britain_ or _Ireland_, which shall proceed from any port in the said kingdom of _Ireland_, within the time limited by this act on the whale fishery to the _Greenland_ seas, and _Davis’s Streights_, and the adjacent seas, under the several rules and restrictions, herein-after expressed; that is to say, every such ship or vessel, before she proceeds on such voyage, shall be visited by the proper officer or officers of the customs belonging to such port, who shall examine into such ship or vessel, and take an account of the tonnage thereof by admeasurement, and shall certify such his or their visitation, examination, and admeasurement, to the commissioners of his Majesty’s revenue in _Ireland_; and if it appears by the certificate of such officer or officers that she hath on board such a number of men, provisions, boats, fishing lines, and instruments to be used in such fishery as herein-after are mentioned; that she is strongly built, and otherwise a proper ship for such voyage and fishery, and hath on board among her crew a sufficient number of harpooners, steersmen, and line-managers, who have been before employed in such voyages, (the names of such persons to be contained in such certificate); and if it further appears by the oath of one or more owner or owners, and of the master or chief officer of such ship, written at the foot of such certificate, and made before the collector or comptroller of such port, (who are hereby impowered and required to administer the same), that it is really and truly their firm purpose and determined resolution, that such ship shall, as soon as licence shall be granted, forthwith proceed, so manned, furnished, and accoutered, on a voyage to the _Greenland_ Seas, or _Davis’s Streights_, or the seas adjacent, and there, in the then approaching season, to use the utmost endeavours of themselves and their ship’s company to take whales, or other creatures living in the sea, and on no other design or view of profit in such voyage, and to import the whale fins, oil, and blubber thereof, into the kingdom of _Great Britain_, (naming the port to which it is their intention to return); and if the master, after such certificate had, and oath made, do also become bound, with two sufficient securities, unto his Majesty, his heirs and successors, in the penalty of such sum as shall be equal to treble the bounty intended by this act, (which bond the said collector, with the approbation of the comptroller, is hereby required to take, and is to be in force for the term of three years against the master and sureties for the faithful dealings of the said master and ship’s company in regard to the said ship and voyage); then, and in all such cases, it shall and may be lawful for any three or more of the said commissioners of the revenues in _Ireland_ for the time being, on receiving such certificates and oaths made, and it being certified to them by the collector and comptroller of such port, that sufficient security hath been given as aforesaid, to give and grant, and they are hereby required to give and grant to the master and owners of such ship, full licence and authority to proceed on such voyage as aforesaid.

[Sidenote: What number of men, lines, boats, _&c._ ships of certain dimensions shall have on board.]

22. And to prevent any disputes that may arise whether a ship be properly qualified and duly fitted out for the whale fishery, according to the true intent and meaning of this act, and intitled to a certificate thereof from the custom-house officers, it is hereby enacted, That every ship of the burthen of two hundred tons, designed for this fishery, shall and is hereby obliged to have on board forty fishing lines of one hundred and twenty fathom each, forty harpoon irons, four boats with seven men, including a harpooner, a steersman, and a line manager, to each boat, making in the whole twenty-eight men besides the master and surgeon, with six months provision at the least for such number of men; and every ship of larger burthen an increase of six men, one boat, ten such lines, and ten harpoon irons more, for every fifty tons above the said two hundred tons, together with provisions in proportion; and every ship which shall be so employed in the said fishery shall have on board an apprentice, indentured for the space of three years at the least, for every fifty tons burthen, who shall be accounted as one of the number of men required to be on board such ship as aforesaid.

[Sidenote: On return of ships, proper officers to go on board, and inspect the cargo, _&c._ and take an account of the names of the masters, harpooners, _&c._ Commissioners being satisfied of the faithful dealings of the master, _&c._ to pay the bounties as directed, according to the admeasurement of the ships.]

23. And be it further enacted by the authority aforesaid, That on the return of such ship to the port to which the master and mate declared on oath their intention to return, the proper officers of the customs at such port shall immediately repair on board, and view the condition of such ship and her lading, and certify the same, together with their observations thereon, as also of the real tonnage of the said ship; and the said officers are also to take an account or schedule of the names of the master, mate, and other persons on board, distinguishing therein the harpooners and persons more immediately employed in the said fishery, and to certify the same; and the master and mate shall make oath before the collector and comptroller, (who are hereby impowered and required to administer the same), on the back of, or annexed to the licence granted as aforesaid, which they are hereby then required to deliver up, that they did in pursuance thereof, mentioning the day of their departure, proceed on a voyage directly to the places aforesaid, and have not since been on any other voyage, or pursued any other design or view of profit; and that they did there (mentioning the time of their stay in those seas) use the utmost endeavour of themselves and their ship’s company to take whales, and other creatures living in those seas; and that all the whale fins, oil, and blubber, imported (if any) in such ship, was really and _bona fide_ caught and taken in the said seas by the crew of such ship only, or with the assistance of the crew of some other ship duly licensed for that voyage, pursuant to the directions of this act; all which schedule, certificate, licence, and oath, shall be transmitted by the collector and comptroller of such port to the respective commissioners of the customs for that part of _Great Britain_ where such ships shall arrive; and such commissioners being fully satisfied of the faithful dealings of the master and other persons employed in such ships with respect to such voyage and fishery, shall, on demand, cause payment to be made to the master or owners, or to his or their assigns, by the receiver general of the customs for that part of _Great Britain_ where such ship shall arrive, the bounty or premium following, according to the admeasurement of such ship duly certified as aforesaid; (that is to say), for every such ship as shall proceed on the said fishery, from the twenty-fifth day of _December_ one thousand seven hundred and seventy-five, to the twenty-fifth day of _December_ one thousand seven hundred and seventy-six, the sum of forty shillings _per_ ton; and for every such ship as shall proceed on the said fishery from the twenty-fifth day of _December_ one thousand seven hundred and seventy-six, to the twenty-fifth day of _December_ one thousand seven hundred and eighty-one, the sum of thirty shillings _per_ ton; and for every such ship as shall proceed on the said fishery from the twenty-fifth day of _December_ one thousand seven hundred and eighty-one, to the twenty-fifth day of _December_ one thousand seven hundred and eighty-six, the sum of twenty shillings _per_ ton.

[Sidenote: Certain provisoes respecting ships before any person be intitled to the bounty.]

24. Provided always, and it is hereby further enacted by the authority aforesaid, That no person or persons shall be allowed or intitled to receive the bounty herein-before granted, for any ship which shall proceed on the said whale fishery after the twenty-fifth day of _December_ one thousand seven hundred and seventy-five, unless such ship shall sail from the port where she shall be surveyed, and cleared directly on her intended fishery, on or before the tenth day of _April_ in each and every year, and shall continue with her crew in the _Greenland_ seas, or _Davis’s Streights_, or the adjacent seas, diligently endeavouring to catch whales, or other creatures living in those seas, and shall not depart from thence before the tenth day of _August_ then following, unless such ship shall be laden with the blubber and fins of one whale, caught by the crew thereof, or with the assistance of the crew of some other licensed ship, before that time, or shall be forced by some unavoidable accident or necessity to depart sooner from those seas; which accident or necessity shall be verified on the oaths of the master and mate belonging to such ship, upon her return from the said fishery, before the collector and comptroller of the customs at the port where she shall arrive, who shall transmit the same, together with the schedule, licence, and other documents by this act required, to the respective commissioners of the customs for that part of _Great Britain_ where she shall arrive.

[Sidenote: If monies arising from the old subsidy be not sufficient to pay bounties, any other revenue money may be taken.]

25. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the commissioners of the customs in _England_ and _Scotland_ respectively to order the respective receivers general of the customs, in case the monies remaining in their hands arising from the old subsidy shall not be sufficient at any time or times, during the continuance of this act, to satisfy the said bounty of forty shillings _per_ ton, and thirty shillings _per_ ton, and twenty shillings _per_ ton, during the several periods herein-before limited, payable on all ships employed in the said fishery, according to the directions of this present act, to pay the same out of any money that shall be in their hands arising from any of the duties and revenues under their management respectively.

[Sidenote: Commissioners, at the beginning of every session of parliament, to lay before them an account of the ships employed in the whale fishery, _etc._]

26. And be it further enacted by the authority aforesaid, That the commissioners of his Majesty’s customs in _England_ and _Scotland_ respectively shall, at the beginning of every session of parliament, lay before both houses of parliament an account in writing, under their hands, of what number of ships employed in the whale fishery to _Davis’s Streights_ and the _Greenland_ seas, in pursuance of this act, with their respective names and burthens, have returned to _Great Britain_, and at what port in _Great Britain_ they were discharged, and also what quantity of oil, blubber, or whale fins, each ship shall have imported, and from what port in _Ireland_ or the _Isle of Man_ they were fitted out.

[Sidenote: Ships under 200 tons intitled to a bounty proportionable to their admeasurement.]

27. And whereas it hath been found by experience, that ships under the burthen of two hundred tons are fit for the said fishery; be it therefore enacted and declared by the authority aforesaid, That every owner or owners of any ship or ships under the burthen of two hundred tons, which shall be employed in the said fishery, who have conformed themselves in all respects to the rules and directions herein-before prescribed to the owners of ships of two hundred tons, shall be intitled to the said bounty, as herein-before limited, according to the admeasurement of such ship or ships respectively.

[Sidenote: Ships above 400 tons not intitled to a larger bounty than a 400 ton ship; and owners not obliged to equip, _etc._ more than a ship of 400 tons.]

28. Provided always, and be it enacted by the authority aforesaid, That no ship to be employed in the said fishery, although she be above the burthen of four hundred tons, shall be intitled to a larger bounty than a ship of four hundred tons would be intitled to.

29. Provided also, That nothing in this present act contained shall extend, or be construed to extend, to oblige the owner or owners of any ship above the burthen of four hundred tons, in order to intitle him or them to the said bounty, to fit out, equip, and man, any such ship, otherwise than as a ship of the burthen of four hundred tons only is, by this present act, required to be fitted out, equipped, and manned.

[Sidenote: No apprentice, when indentured, to exceed 18, nor be under 14 years; and no bounty to be paid unless ships employed belong to some of his Majesty’s subjects where fitted out.]

30. Provided also, and it is hereby further enacted by the authority aforesaid, That every apprentice indentured after the twenty-fifth day of _December_ one thousand seven hundred and seventy-five, to serve on board any ship or vessel proceeding on the fisheries, in pursuance of this or any other act of parliament now in force, granting any bounty or bounties thereon, shall not exceed the age of eighteen years, nor be under fourteen, at the time he shall be so indentured; and that no bounty shall be allowed or paid for any ship or vessel so employed, either by virtue of this or any former act of parliament, unless the whole and entire property of such ship or vessel shall belong to some of his Majesty’s subjects residing in that part of his Majesty’s dominions from whence such ship or vessel shall be respectively fitted and cleared out, any law, custom, or usage, to the contrary notwithstanding.

[Sidenote: Bounties may be insured.]

31. And to prevent any application to parliament for the bounty on any ship employed in either of the fisheries before mentioned, which may happen to be lost at sea before their return to _Great Britain_, be it declared and enacted by the authority aforesaid, That it shall and may be lawful for the owner or owners of any ship, employed, or designed to be employed, in the said fisheries, or either of them, to insure the bounty which such owner or owners would have been intitled to upon the return of such ship to _Great Britain_, on the performance of all other matters directed and appointed by this present act to be performed for obtaining the said bounties.

[Sidenote: Persons giving false certificates, _etc._ to forfeit 500_l._]

32. And it is hereby further enacted by the authority aforesaid, That if any person or persons shall give or grant any false certificate for any of the purposes required or directed by this act, such person or persons shall forfeit the sum of five hundred pounds, and be rendered incapable of serving his Majesty, his heirs or successors, in any office whatsoever; and if any person or persons shall counterfeit, erase, alter, or falsify, any certificate required or directed by this act, or shall knowingly or willingly make use of any false certificate, or of any certificate so counterfeited, erased, altered, or falsified, such person or persons shall, for every such offence, forfeit the sum of five hundred pounds: and every such certificate shall be invalid, and of no effect.

[Sidenote: Forfeitures, how to be applied.]

33. And it is hereby further enacted by the authority aforesaid, That one moiety of the penalties and forfeitures inflicted by this act (except in such cases where other directions are given by this act) shall be to the use of his Majesty, his heirs and successors, and the other moiety to such officer or officers of the customs as shall sue or prosecute for the same in any of his Majesty’s courts of record at _Westminster_ or _Dublin_, or in the court of exchequer in _Scotland_, or in any court of admiralty, having jurisdiction in his Majesty’s colonies or islands respectively, where the offence shall be committed.

[Sidenote: Forfeitures incurred in _Newfoundland_ to be sued for in the vice admiralty court in said island. Persons aggrieved may appeal to the proper admiralty court in _Britain_.]

34. And be it further enacted by the authority aforesaid, That, from and after the first day of _January_ one thousand seven hundred and seventy-six, the penalties and forfeitures inflicted by any act of parliament relating to the trade or revenues of the _British_ colonies or plantations in _America_, which shall be incurred in the said island of _Newfoundland_, shall be sued for, prosecuted, and recovered, in the court of vice admiralty having jurisdiction in the said island, and in no other; and if any person or persons shall think him or themselves aggrieved by any judgement, sentence, or determination of any court of vice admiralty, or other court having jurisdiction in _Newfoundland_, upon any suit or prosecution commenced there for any penalty or forfeiture inflicted by any act of parliament relating to the trade or revenues of the _British_ colonies or plantations in _America_, it shall and may be lawful for such party to appeal from such judgement, sentence, or determination, in the first instance, to the proper court of admiralty in _Great Britain_, or to his Majesty in council; and that no appeal shall in such case lie or be brought in any other court or jurisdiction whatsoever, any law, custom, or usage, to the contrary notwithstanding.

[Sidenote: Duties on goods exported or imported to be under the direction of the commissioners of customs, _etc._]

35. And it is hereby further enacted by the authority aforesaid, That, from and after the first day of _January_ one thousand seven hundred and seventy-six, the customs and other duties which now are or hereafter may be due and payable upon any goods or merchandizes brought or imported into, or exported or carried from, the island of _Newfoundland_, by virtue of this or any act or acts of Parliament, and the officers of his Majesty’s customs appointed for executing and carrying into execution the several laws relating to the trade and revenue there, shall be under the management and direction of the commissioners of his Majesty’s customs in _England_ for the time being, under the authority and direction of the high treasurer of _Great Britain_, or the commissioners of the treasury for the time being, any law, patent, custom, or usage, to the contrary notwithstanding.

[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.]