History of the government of the island of Newfoundland / With an appendix containing the Acts of Parliament made respecting the trade and fishery

by John Reeves

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.