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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Preamble. Fishermen at Newfoundland not to sell or barter any vessel, etc. to or with any foreigner.
14. And whereas it is of great importance to the trade, manufacture, and navigation of Great Britain, and of his Majesty’s dominions in Europe, that all trade and mercantile intercourse between his Majesty’s subjects, residing or carrying on fishery in the island of Newfoundland with the subjects of any foreign state, should be prohibited: And whereas it is essentially necessary to the preservation of the benefits arising from the fishery aforesaid, to prevent the sale of any ships, vessels, or boats, or of the tackle, apparel, or furniture of the same, and of all and all manner of utensils and implements, which are or may be used in catching and curing fish, and also of all articles and commodities of the growth, produce, and manufacture of the said island of Newfoundland, to the subjects of any foreign state, or to any other than the subjects of his Majesty, his heirs and successors, and also to prohibit the purchase of any goods or commodities whatsoever, from the subjects of any foreign state; be it therefore enacted by the authority aforesaid, That it shall not be lawful for any person or persons, residing in or carrying on fishery in the said island of Newfoundland, or on the banks thereof, there to sell, barter, or exchange, any ship, vessel, or boat, of what kind or description soever, or any tackle, apparel, or furniture, used or which may be used by any ship, vessel, or boat; or any seans, nets, or other implements or utensils, used or which may be used in catching or curing fish, or any kind of bait whatsoever used or which may be used in the catching of fish; or any kind of fish, oil, blubber, seal skins, peltry, fuel, wood, or timber, to or with any person or persons whatsoever, other than the subjects of his Majesty, his heirs and successors.
Offenders herein to be committed; and to forfeit treble the value of the articles sold, etc.
15. And be it further enacted by the authority aforesaid, That if any person or persons residing or carrying on fishery in the said island of Newfoundland, shall there sell, barter, or exchange, or cause to be sold, bartered, or exchanged, or shall endeavour to sell, barter, or exchange, or shall be aiding or assisting in selling, bartering or exchanging, or causing to be sold, bartered, or exchanged, any such ship, vessel, boat, or any tackle, apparel, or furniture, used or which may be used for the purpose of navigating any ship, vessel, or boat; or any seans, nets, or other implements or utensils, used or which may be used in catching or curing fish; or any kind of bait whatsoever used or which may be used in catching fish; or any fish, oil, blubber, seal skins, fuel, wood, or timber, to any person or persons, being the subjects of any foreign state, it shall and may be lawful to and for the governor of Newfoundland, or his surrogates, or for any justice of the peace in Newfoundland, to issue his or their warrant or warrants to apprehend every such offender, and, on the oath of one or more credible witness or witnesses, to commit him to prison, there to remain until the next court of session which shall be holden in pursuance of the commission of the said governor for the time being; and all and every such person or persons, if found guilty of the said offence at such session, shall forfeit and pay treble the value of the articles so sold or caused to be sold, or attempted to be sold as aforesaid, or bartered or taken in exchange, or in the selling, bartering, or exchanging of which, or causing to be sold, bartered, or exchanged, such person or persons was or were aiding or assisting, and the same shall be levied of the offender’s goods and chattels, by warrant to be granted by the said court of session for that purpose; and in case no goods upon which such distress can be made shall be found, then it shall and may be lawful for the said court to order such person or persons to be punished and dealt with in the same manner as is herein-before directed with respect to deserters or persons agreeing to desert.
Such fishermen not to purchase any goods of, or to barter with foreigners for the same. Offenders to be committed, and to forfeit treble the value of the goods.
16. And whereas it is highly injurious to the trade and manufactures of his Majesty’s dominions in Europe, that persons residing or carrying on fishery in the island of Newfoundland, or parts adjacent, or on the banks of the said island of Newfoundland, should be supplied with any goods or commodities whatsoever by the subjects of any foreign state; be it therefore enacted by the authority aforesaid, That no person or persons residing or carrying on fishery in the island of Newfoundland, or parts adjacent, or on the banks of the said island of Newfoundland, shall there purchase, or take in exchange, or by way of barter, or cause to be purchased, or taken in exchange, or by way of barter, or be aiding or assisting in the purchasing, bartering for, or taking in exchange, any goods or commodities whatsoever, from any person or persons being a subject or subjects of any foreign state; and that every person or persons residing or carrying on fishery in the said island of Newfoundland, or parts adjacent, or on the banks of the said island of Newfoundland, who shall there purchase, barter for, or take in exchange, or shall cause to be purchased, bartered for, or taken in exchange, any such goods or commodities in manner aforesaid, shall be apprehended and committed to prison, and, on due conviction, before the court of session, shall forfeit treble the value of such goods or commodities so purchased, or taken in barter or exchange, or procured to be purchased, or taken in barter or exchange, or in the purchase, barter, or taking of which in exchange, such person shall have been aiding or assisting, and the same shall be levied of the offender’s goods and chattels, by warrant to be granted by the said court of session for that purpose; and in case no goods upon which such distress can be made shall be found, then it shall and may be lawful for the said court to order such person or persons to be punished and dealt with in the same manner as is herein-before directed with respect to deserters or persons agreeing to desert.
Not to extend to the importation of bread, etc.
17. Provided always, That nothing herein contained shall extend, or be construed to extend, to hinder or prevent bread, flour, Indian corn, and live stock, from being imported into the said island of Newfoundland in certain British vessels, in pursuance of an act passed in this present session of Parliament.
No more than 40s. to be paid for the passage of any person from Newfoundland, &c.
18. And be it further enacted by the authority aforesaid, That the sum for which the said governor shall agree with the master, or other person having or taking the charge or command of any ship or vessel, for the passage of any person or persons from the said island, to the place or places to which he or they belonged, shall in no case exceed the sum of forty shillings for each person, and shall be paid to the master of such ship or vessel out of the monies which shall arise from forfeitures incurred for any offence committed against this act, or the acts herein-before recited, upon such master producing, to the said court of session, a certificate, under the hand and seal of such governor, of the numbers and names of the persons respectively taken on board by his direction, and of the times they were taken on board respectively, and the several sums agreed to be paid as aforesaid; which sums the court of session are hereby required to cause to be paid to such master, if sufficient funds for that purpose shall remain in the hands of the said court.
Such payments, in case of a deficiency in the fund for that purpose, to be made by the commissioners of the navy.
19. And be it also enacted by the authority aforesaid, That if no sufficient fund for the payment of any sum or sums, so agreed upon as aforesaid, shall remain in the hands of the said court of session, then and in such case every such master or other person having or taking the charge or command of such ship or vessel, who shall have taken on board any number of persons by order of the governor, in manner herein-before directed, upon producing a certificate, under the hand and seal of the said governor, in manner herein-before directed, and making an affidavit at his return, setting forth the time during which he subsisted such person or persons, and that he did not, during that time, want any of his own complement of men, or how many he did want of such complement, and for what time, shall receive from the commissioners of the navy for the time being (who are hereby required to cause the same to be paid) sixpence per diem for the passage and provisions of such person or persons from the day of their embarkation homewards to the day of their arrival in Great Britain, the said sum of sixpence per diem only being deducted for such time and so many persons as he wanted of his complement during his voyage.
Recital of 4 Geo. III, cap. 15. Officers of his Majesty’s ships stationed at Newfoundland may detain suspected vessels, and search them: and if any contraband goods are found on board, such vessels and goods shall be forfeited.
20. And whereas it is enacted, in and by an act passed in the fourth year of his present Majesty’s reign, intituled, An act for granting certain duties in the British colonies and plantations in America; for continuing, amending, and making perpetual, an act passed in the sixth year of the reign of his late Majesty King George the second, intituled, An act for the better securing and encouraging the trade of his Majesty’s sugar colonies in America; for applying the produce of such duties, and of the duties to arise by virtue of the said act, towards defraying the expences of defending, protecting, and securing the said colonies and plantations; for explaining an act made in the twenty-fifth year of the reign of King Charles the second, intituled, An act for the encouragement of the Greenland and Eastland trades, and for the better securing the plantation trade; and for altering and disallowing several drawbacks on exports from this kingdom, and more effectually preventing the clandestine conveyance of goods to and from the said colonies and plantations, and improving and securing the trade between the same and Great Britain; That if any British ship or vessel shall be found standing into, or coming out from, either of the islands of Saint Pierre and Miquelon, or hovering or at anchor within two leagues of the coast thereof, or shall be discovered to have taken any goods or merchandizes on board at either of them, or to have been there for that purpose, such ship or vessel, and all the goods so taken on board there, shall be forfeited and lost, and shall and may be seized and prosecuted by any officer of his Majesty’s customs; and the master, or other person having the charge of such ship or vessel, and every person concerned in taking such goods on board, shall forfeit treble the value thereof: And whereas the provisions of the said recited act may not be sufficient to effectuate the good purposes thereby intended, or to prevent the export or sale of ships, vessels, and boats, and of all other the goods and commodities herein-before enumerated and prohibited to be sold to the subjects of any foreign state, or the purchase and import of the goods and commodities of such foreign states; be it therefore enacted by the authority aforesaid, That it shall and may be lawful for all and every officer or officers, having the command of any of his Majesty’s ships stationed at the island of Newfoundland, to stop and detain all and every ship, vessel, or boat, of what nature or description soever, coming to, or going from the said island, and belonging to, or in the service or occupation of any of his Majesty’s subjects residing in, trafficking with, or carrying on fishery in the island of Newfoundland, parts adjacent, or on the banks of the said island of Newfoundland, which he shall have reason to suspect to be going to, or coming from, the islands of Saint Pierre or Miquelon, for the purposes before mentioned, in any place within the limits of their station, and to detain, search, and examine, such ship, vessel, or boat; and that if, upon such search or examination, it shall appear to such officer or officers that there is reasonable ground to believe that such ship, vessel, or boat, or any tackle, apparel, or furniture, used, or which may be used, by any ship, vessel, or boat, or any implements or utensils used, or which may be used, in the catching or curing of fish, or any fish, oil, blubber, seal skins, fuel, wood, or timber, then on board of such ship, vessel, or boat, was or were intended to be sold, bartered for, or exchanged, to the subjects of any foreign state, or shall be discovered to have been so sold, bartered for, or exchanged; or if any goods or commodities whatsoever shall be found on board such ship, vessel, or boat, or shall be discovered to have been on board, having been purchased or taken in barter or exchange from the subjects of any foreign state; then, and in every such case, to seize and send back such ship, vessel, or boat, to the island of Newfoundland; and that such ship, vessel, or boat, and such goods and commodities so found on board, shall, upon due condemnation, be forfeited and lost, and shall and may be prosecuted for that purpose, by the officer or officers so seizing the same, in the vice admiralty court of the said island of Newfoundland; such forfeiture to be given, one moiety to the said officer or officers, and the other moiety to the governor of Newfoundland for the time being, to be applied, under the direction of such governor, in defraying the passages home of such person or persons as by this or any former act are directed to be sent back to the country to which they belong.
Clause relative to suits in Newfoundland on account of the seizure of vessels, &c.
21. And be it further enacted by the authority aforesaid, That, in case any libel, information, or other suit or proceeding whatsoever, shall be commenced and brought to trial, in the court of vice admiralty in the said island of Newfoundland, on account of the seizure of any ship, vessel, boat, or goods, for the condemnation of the same, for any of the causes herein-before mentioned, wherein a decree shall be pronounced for or in favour of the defendant or defendants, claimer or claimers thereof, and it shall appear to the judge or court, before whom the same shall be tried, that there was a probable cause for seizing the said ship, vessel, boat, or goods, the judge before whom the said cause shall be tried shall certify on the record that there was a probable cause for the seizing of the said ship, vessel, boat, or goods; a copy of which certificate shall be delivered to the prosecutor, under the hands and seals of such judge or judges; and that, in such case, the defendant shall not be intitled to any costs of suit whatsoever, nor shall the person or persons who seized such ship, vessel, boat, or goods, be liable to any action, indictment, or other prosecution, on account of such seizure; and that if any action, indictment, or prosecution, shall be brought or preferred against any person or persons, who shall have obtained such copy of such certificate as aforesaid, in any of his Majesty’s courts in Great Britain, such copy shall be admitted in evidence on behalf of the defendant or defendants, and shall have the like force and effect as the certificate on record would have had in the case of such action, indictment, or other prosecution, being brought or preferred in the island of Newfoundland.
Plaintiff gaining a verdict shall not be intitled to costs, if there was probable cause of seizure.
22. And be it also enacted by the authority aforesaid, That if any action, indictment, or other prosecution, shall be commenced and brought to trial against any person or persons whatsoever, on account of the seizure of any such ship, vessel, boat or goods, wherein a verdict shall be given against the defendant or defendants, if the court or judge before whom such action or prosecution shall be tried shall certify on the record that there was a probable cause of such seizure, that the plaintiff, besides his ship, vessel, boat, or goods, so seized, or the value thereof, shall not be intitled to above two-pence damages, nor to any costs of suit, nor shall the defendant in such prosecution be fined above one shilling.
Limitation of actions. General issue. Treble costs.
23. And it is hereby further enacted by the authority aforesaid, That if any person or persons shall, at any time or times, be sued or prosecuted for any thing by him or them done or executed in pursuance of, or by colour of this act, or of any matter or thing in this act contained, such action or prosecution shall be commenced within the space of three months after the offence shall have been committed; and in case the person or persons making such seizure as aforesaid shall have quitted the said island of Newfoundland before the expiration of three months from the time of the offence committed, then that such action or prosecution shall be commenced within three months after his or their return to Great Britain; and such person or persons shall and may plead the general issue, and give this act and the special matter in evidence for his and their defence, and that the same was done in prosecution and by authority of the said act: And if it shall appear so to have been done, then the court shall adjudge and decree, or the jury shall find, in the courts of Great Britain or Newfoundland respectively, for the defendant or defendants; and if the plaintiff shall be nonsuited, or discontinue his action, libel, or other proceedings in the courts of Great Britain or Newfoundland, after the defendant or defendants hath or have appeared, or if judgement shall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants shall recover treble costs, and have the like remedy for the same as the defendant or defendants hath or have in other cases by law.
Fines and forfeited goods, &c. how to be applied.
24. And be it further enacted by the authority aforesaid, That all and every the fines or penalties inflicted by this act, or by the acts herein-before recited, and to be levied upon the seamen or fishermen, except those for neglect of duty; and that such ships, vessels, or goods, as shall be seized, condemned, and forfeited as before mentioned, except such the distribution whereof is otherwise directed by this act, shall be given, one moiety to the informer, and the other moiety to the Governor of Newfoundland for the time being, to be applied, under the direction of such Governor, in defraying the passages home of such person or persons as by this or any former act are directed to be sent back to the country to which they belong.
Part of the act of 15 Geo. III. repealed.
25. And be it further enacted by the authority aforesaid, That so much of the said recited act of the fifteenth year of the reign of his present Majesty, as gives any jurisdiction to the court of vice admiralty for the said island of Newfoundland with respect to enquiring into and determining disputes concerning the wages of any seamen or fishermen, or any offence committed by any hirer or employer of such seamen or fishermen, or any controversies or differences arising from their contracts or agreements, shall be, and the same is hereby repealed.
The recited acts (except, &c.) to remain in force.
26. And be it further enacted by the authority aforesaid, That all and every the clauses, matters, and things in the said herein-before recited acts contained, which are not altered or repealed by this present act, shall continue and remain in full force.