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

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.