10. And it is hereby further enacted by the authority aforesaid, That, from and after the first day of September one thousand seven hundred and seventy-five, it shall and may be lawful for any person or persons to import into this kingdom any raw and undressed seal skins taken and caught by the crews of vessels belonging to and fitted out either from Great Britain, Ireland, or the islands of Guernsey, Jersey, or Man respectively, and whereof the captain or master and three-fourths at the least of the mariners are his Majesty’s subjects, or by persons employed by the masters or owners of such vessels, without paying any custom, subsidy, or other duty for the same, any law or usage to the contrary notwithstanding.
Not to extend to any seal skins except those imported by ships qualified as aforesaid, and duly entered at the customhouse, &c.
11. Provided always, That nothing in this act shall extend, or be construed to extend, to give liberty of importing any such seal skins duty-free, unless the captain or person having the charge or command of such ship or vessel importing the same shall make oath before the collector or other principal officer of the customs at the port of importation, (who is hereby authorised and required to administer such oath), that all the skins imported in such ship or vessel were really and bona fide the skins of seals taken and caught by the crews thereof, or by persons employed by the master or owner of such ship or vessel, or of some other ship or vessel qualified as aforesaid; and such seal skins shall be also duly entered at the customhouse for the said port, and landed in the presence of the proper officer or officers of the customs appointed for that purpose; and on failure of any of these conditions, such skins shall be liable to pay the same duties as they would have been subject and liable to if this act had not been made, any thing herein contained to the contrary notwithstanding.
No shipmaster to carry any fishermen, &c. as passengers to any part of the continent of America without permission, under the penalty of 200l.
12. And whereas it has been a practice of late years for divers persons to seduce the fishermen, sailors, artificers, and others employed in carrying on the fishery, arriving at Newfoundland, on board fishing and other vessels from Great Britain, and the British dominions in Europe, to go from thence to the continent of America, to the great detriment of the fishery, and the naval force of this kingdom: Now, in order to remedy the said evil, and to secure the return of the said fishermen, sailors, artificers, and others, employed as aforesaid, to the British dominions in Europe, be it further enacted by the authority aforesaid, That, from and after the first day of January one thousand seven hundred and seventy-six, it shall not be lawful for the master, or person having the charge or command of any ship or vessel trading to or from any place within the government of Newfoundland, to carry or convey, as passengers, any such fishermen, sailors, artificers, and others, employed as aforesaid, from thence to any part of the continent of America, without the permission under the hand and seal of the governor of the said island of Newfoundland, under the penalty of forfeiting two hundred pounds for every such offence.
Regulations for persons employing seamen or fishermen at Newfoundland.
13. And whereas in several acts, passed in the eleventh and twelfth years of William the third, the eighth of George the first, and second and twelfth of George the second, provision has been made to prevent seamen and mariners in the merchant service being wilfully left beyond sea, and to secure and provide for their return home to such part of his Majesty’s dominions whereto they belong: and whereas, for want of such provisions being extended to seamen and fishermen going out as passengers to Newfoundland, and hired and employed in the fisheries carried on there, great numbers of them remain in that country at the end of every fishing season, who would otherwise return home, and some of them have frequently turned robbers and pirates; for remedy of which evil, be it enacted by the authority aforesaid, That no person or persons whatsoever shall, from and after the first day of January one thousand seven hundred and seventy-six, employ, or cause to be employed at Newfoundland, for the purpose of carrying on the fishery there, any seaman or fisherman going as passengers, or any seaman or fisherman hired there, without first entering into an agreement or contract in writing with every such seaman or fisherman, declaring what wages such seaman or fisherman is to have, and the time for which he shall serve, which shall be signed by both parties; wherein it shall be stipulated (amongst other things) that the person so hiring or employing shall be at liberty to reserve, retain, and deduct, and he is hereby authorised, required, and directed to reserve, retain, and deduct, out of the wages of every person so hired or employed, a sum of money equal to the then current price of a man’s passage home, not exceeding forty shillings for each man, which money such hirer or employer shall, at the end of each fishing season, or at the expiration of the covenanted time of service of such seaman or fisherman, pay, or cause to be paid, to the master of a passage or other ship, who shall undertake or agree to carry such seaman or fisherman home to the country whereto he belongs, and shall also convey such seaman or fisherman to and on board such passage or other ship, taking the master’s receipt for the passage money, which receipt he shall immediately thereupon deliver to such seaman or fisherman.
Employers to pay to fishermen, &c. only half of their wages, and the other half in bills, etc. at their return home. Penalty on employers neglecting to comply.
14. And be it further enacted by the authority aforesaid, That no hirer or employer of any such seaman or fisherman shall pay or advance, or cause to be paid or advanced, to such seaman or fisherman, in money, liquor, and goods, or either of them, during the time he shall be in his service, more than one half of the wages which shall at any time be due to him; but such hirer or employer shall, and is hereby required and directed, immediately at or upon the expiration of every such man’s covenanted time or service to pay either in money, or in good bills of exchange, payable either in Great Britain or Ireland, or in the country to which such seaman or fisherman belongs, the full balance of his wages, except the money herein-before directed to be retained for his passage home; and it shall not be lawful for any such hirer or employer to turn away or discharge any such seaman or fisherman, except for wilful neglect of duty, or other sufficient cause, before the expiration of his covenanted time of service; and in case the hirer or employer of any such seaman or fisherman shall refuse or neglect to comply with any of the terms herein-before mentioned, or shall otherwise offend against this act, every such person so offending shall forfeit and pay, for every such offence, besides the balance that shall be due to such seaman or fisherman, the money herein-before directed to be retained for his passage home, the sum of ten pounds, to the use of such person or persons who shall inform or sue for the same.
If any dispute arise, employers obliged to produce the contract.