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

3. And whereas by an act passed in the twenty-eighth year of his present Majesty’s reign, intituled, An act for amending an act, made in the twenty-sixth year of his present Majesty’s reign, for the encouragement of the southern whale fishery, and for making further provisions for that purpose, the three ships or vessels, which are intitled to the premiums therein granted on their doubling Cape Horn, or passing through the Streights of Magellan, are required not to return in less time than eighteen months, and it is thought sufficient that such ships or vessels should be obliged to continue out no longer than sixteen months; be it therefore further enacted by the authority aforesaid, That the owner or owners of such of the said three ships or vessels which shall sail after the passing this act, shall be intitled to the said additional premiums, granted by the said act of the twenty-eighth year of his present Majesty’s reign, under the conditions, regulations, and restrictions, in the said act mentioned, in case such ships or vessels shall not return in less time than sixteen months, from the time of her clearing out, and on or before the first day of December, in the second year after that in which such ship or vessel shall have fitted and cleared out.

Owners of vessels complying with the other conditions of the recited acts, to be entitled to the premiums, tho’ they do not clear out specially for the latitudes therein specified.

4. And whereas doubts have arisen whether the owner of any ship or vessel shall be intitled to the premiums granted by the said last mentioned acts passed in the twenty-sixth and twenty-eighth years of his present Majesty’s reign, unless such ship or vessel shall have cleared out specially for the respective latitudes therein specified; be it further declared and enacted by the authority aforesaid, That the owner or owners of any ship or vessel shall not be obliged to clear out specially for the respective latitudes specified in the said acts, but shall be intitled to the premiums thereby granted, on complying with all the other conditions, regulations, and restrictions, imposed by the said acts.

26 Geo. III, cap. 41. 26 Geo. III, cap. 50, and 28 Geo. III, cap. 20, recited. After Jan. 1, 1790, any master permitting an apprentice, indentured pursuant to the recited acts, to quit his service before the expiration of his term, to forfeit 50l.; unless such apprentice be discharged before a magistrate, or turned over to another master, in the said fisheries.

5. And whereas by an act, made and passed in the twenty-sixth year of the reign of his present Majesty, intituled, An act for the further support and encouragement of the fisheries carried on in the Greenland Seas and Davis’s Streights, it is among other things enacted, That every ship shall have on board apprentices indentured for the space of three years at the least, who shall not exceed the age of eighteen years, nor be under fourteen years of age, at the time they shall be so indentured, in the proportion of one apprentice at the least for every thirty-five tons burthen, and one fresh or green man for every fifty tons burthen, which apprentices and fresh or green men shall be accounted in the number of men required to be on board such ship as aforesaid: And whereas by another act, made and passed in the twenty-sixth year of his present Majesty’s reign, intituled, An act for the encouragement of the southern whale fishery, it is among other things enacted, That no premium granted by that act shall be paid or allowed to any person or persons whatever, for or on account of any ship or vessel employed in the aforesaid fishery, unless such ship or vessel shall have on board an apprentice indentured for the space of three years at the least; for every fifty tons burthen of such ship or vessel by admeasurement, every such apprentice not exceeding the age of eighteen years, nor being under fourteen years, at the time he shall be so indentured: And whereas by another act, made and passed in the twenty-eighth year of the reign of his present Majesty, intituled, An act for amending an act, made in the twenty-sixth year of his present Majesty’s reign, for the encouragement of the southern whale fishery, and for making further provisions for that purpose, it is, amongst other things, enacted, That the several additional premiums granted by that act shall be paid in such and the like manner, and under such and the like conditions, rules, regulations, and restrictions, as are directed and prescribed in and by the said act, made and passed in the twenty-sixth year of the reign of his present Majesty, intituled, An act for the encouragement of the southern whale fishery: And whereas it is expedient that provision should be made to oblige the masters of ships or vessels, or the persons to whom apprentices shall be bound in pursuance of the acts herein-before respectively recited, to keep such apprentices in their service for the time they shall be indentured: Be it therefore further enacted by the authority aforesaid, That, from and after the first day of January one thousand seven hundred and ninety, if the master of any ship or vessel, or any other person or persons whatever, to whom any apprentice or apprentices shall be indentured pursuant to the said herein-before recited acts, shall permit or suffer any such apprentice or apprentices to quit, leave, or depart, his or their service on any pretence whatever, except as herein-after is provided, before the expiration of the term for which he or they shall be bound, every such master or other person shall forfeit and pay, for each and every offence, the sum of fifty pounds; to be recovered by action of debt, bill, plaint, or information, in any of his Majesty’s courts of record, in which no wager of law, no essoin, nor any more than one imparlance, shall be allowed.

6. Provided nevertheless, That nothing herein contained shall extend, or be construed to extend, to inflict the aforesaid penalty in any case where any apprentice or apprentices shall be legally discharged before a magistrate or justice of the peace, or shall be turned over from one person to another person, concerned in either of the aforesaid fisheries, to serve the remainder of his time in such fisheries, pursuant to the directions of the said acts herein-before recited.

No premium to be paid under the recited acts, unless the names of the ships on board which apprentices are bound to serve, be inserted in the indentures.

7. Provided also, and it is hereby declared, That no bounty or premium shall be paid or allowed by virtue of the said recited acts, or either of them, in any case, unless there shall be inserted in the indenture or indentures of each and every apprentice or apprentices, who shall be indentured by virtue of the said recited acts, or either of them, or who shall be turned over from one person to another, pursuant to this act, the name or names of the ship or vessel, or ships or vessels, on board of which such apprentice or apprentices is or are bound to serve.

This act not to extend to ships cleared out, and which shall have sailed, before the commencement thereof.

8. Provided also, That nothing in this act shall extend, or be construed to extend, to take away any bounty or premium which may become due by virtue of the said recited acts, or either of them, in any case where the ship or vessel shall have bona fide cleared out on the fishery, and proceeded from Great Britain, before the commencement of this act.