The Labrador Boundary


Privy Council Documents


Volume I
Contents




[1775.]
Preamble.

After Jan. 1, 1776, Bounties are to be given to Vessels fitted out from Great Britain or Ireland for the Newfoundland Fishery.

qualified as by Act 10 & 11 Gul. III.

Certificates to be produced to the Collector of Customs from the Governor of Newfoundland, of the Qualification of Ships, &c.

Masters and Mates to make Oath.

Certificates and Oaths to be granted and administered without Fee.

Collectors of Customs to pay the Bounties.

Any Part of Newfoundland not in use may be used for curing and drying Fish.

What Bounties are to be given to Ships fitted out for the Whale Fishery.

Masters and Mates making Oath, &c.

Receiver General of his Majesty's Customs to pay the Bounties.

What Persons are intitled to the Privilege of drying Fish on the Banks of Newfoundland.

Provisions, and all Necessaries for fishing, may be exported from Ireland and the Isle of Man to Newfoundland, being British or Irish Product or Manufacture.

Masters of Vessels to produce Certificates from the Officer of Customs, that the Provisions, &c. are the Product, &c. of Great Britain or Ireland.

On Failure, &c. the Ship to be forfeited.

No Fishing Ships, or any Craft carrying Necessaries for the Fishery, to be liable to any Restraint as to Time of working, nor to make any Entry at the Customhouse, &c.

If Ships have on Board any other Goods than Fish or Oil, &c. they shall be under the usual Restrictions, &c.


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C


No. 46.

ACT, 15 GEO. III., CAP. 31 (IMPERIAL)
(SIR HUGH PALLISER'S ACT), [1775].



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.

    "Whereas the Fisheries carried on by his Majesty's Subjects of Great Britain and of the British Dominions in Europe have been found to be the best Nurseries for able and experienced Seamen, always ready to man the Royal Navy when Occasions require; and it is therefore of the highest national Importance to give all due Encouragement to the said Fisheries, and to endeavour to secure the annual Return of the Fishermen, Sailors, and others employed therein, to the Ports of Great Britain, and of his Majesty's Dominions before mentioned, at the End of every Fishing Season:" Now, in order to promote these great and important Purposes, and with a View, in the first place, to induce his Majesty's Subjects to proceed early from the Ports of Great Britain to the Banks of Newfoundland, and thereby to prosecute the Fishery on the said Banks to the greatest Advantage, may it please your Majesty that it may be enacted; and be it 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 seventy-six, the respective Bounties herein after mentioned shall be paid and allowed annually, for eleven Years, for 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, Such Vessels shall appear by their Register to be British built and owned by his Majesty's Subjects residing in Great Britain or Ireland, or the Islands of Guernsey, Jersey, or Man; and be of the Burthen of fifty Tons or upwards, and navigated with. not less than fifteen Men each, Three-fourths of whom, besides the Master, shall be his Majesty's Subjects; and in other Respects qualified, and subject to the same Rules and Restrictions, as are described by an Act, made in the tenth and eleventh Years of the Reign of the late 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 after the said first Day of January, one thousand seven hundred and seventy-six, and after that Day in each

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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 one of the Ports on the Southern or Eastern Side of the Island of Newfoundland, between Cape Ray and Cape de Grat, 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 twenty-five Vessels first arriving at the said 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 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 be intitled to forty Pounds each; and one hundred Vessels which shall so arrive the next 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 be intitled to twenty Pounds each; and one hundred other Vessels which shall so arrive the next 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 be intitled to ten Pounds each, upon the Master or Owner of such Vessel's producing to the Collector of his Majesty's Customs at the Port in Great Britain from whence such Vessel was cleared out, 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, testifying that such Vessel was duly qualified to proceed on such Fishery, in pursuance of the before-mentioned Act, made in the tenth and eleventh Years of King William the Third; and that it has been made 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; 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 out of any Money remaining in his Hands arising by the Duties of Customs or other Subsidies upon foreign

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Goods imported into this Kingdom; and in case such Collector shall not have sufficient Money in his Hands to pay the said Bounties, he shall certify the same to the Commissioners of his Majesty's Customs in England or Scotland respectively, who are hereby authorized and required to order the same to be paid by the Receiver General of the Customs, out of any Money in his Hands arising by any of the Duties and Revenues under their Management respectively.

    II. And be it further enacted by the Authority aforesaid, That, for the better Accommodation of the Persons belonging to Vessels employed in the Newfoundland Fishery, it shall and may be lawful for the Masters and Crews belonging to any Vessels fitted out and employed in that Fishery, in pursuance of this or any other Act, to occupy and use, for the purpose of curing, salting, drying, and husbanding their Fish, any vacant or void Space whatever on any Part of Newfoundland which is not then occupied and used for the said Fishery, without any Let, Disturbance, or Hindrance, from any Person or Persons whatsoever, although such unoccupied Places may not before have been reputed Ships Rooms; and all such unoccupied Places shall from henceforth be deemed and taken to be Ships Rooms, any Custom or Usage to the contrary notwithstanding.

    "III. And in order to induce his Majesty's Subjects in Great Britain and Ireland, and the Islands of Guernsey, Jersey, and Man, to carry on the Whale Fishery on the Coasts of Newfoundland, and the Seas adjacent," be it further enacted by the Authority aforesaid, That the several Bounties hereinafter mentioned shall be allowed annually, for eleven Years, for five Vessels employed in that Fishery, under the Limitations and Restrictions herein after expressed; that is to say, Such Vessels shall appear by their Register to be British built, and owned by his Majesty's Subjects residing in Great Britain, Ireland, or the Islands of Guernsey, Jersey, or Man, and navigated with Three-fourths of his Majesty's Subjects of Great Britain, Ireland, or the Islands of Guernsey, Jersey, or Man, besides the Master, and shall be fitted and cleared out from some Port in Great Britain or Ireland, or the Islands of Guernsey, Jersey, or Man, after the first Day of January, one thousand seven hundred and seventy-six, and after that Day in each succeeding Year, and shall take and kill one Whale at least in the Gulph of Saint Lawrence, or on the Coasts of Labrador, Newfoundland, or in the Seas to the Southward of the Greenland Seas and Davis's Streights, and shall return within the same Year to some Port in England with the Oil of such Whale or Whales so taken as aforesaid; and on the Master and Mate of such Vessel, and two of the Mariners belonging to her, making Oath before the Collector and Comptroller of the Customs at the Port of her Arrival (which Oath they are hereby authorised and required to administer), that such Oil is the Produce of one or more Whale or Whales taken and killed by the Crew then belonging to such Vessel, mentioning the Time when she departed from Great Britain, Ireland, or the Islands of Guernsey, Jersey, or Man, and from what Port, and the Time and Place where such Whale or Whales was or were taken and killed, such Oil

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may be landed without Payment of any Duty whatsoever; and the Collector and Comptroller of such Port shall thereupon forthwith transmit such Oath to the Commissioners of his Majesty's Customs at London, any four or more of whom are hereby authorised and required to order the Receiver General of his Majesty's Customs to pay, out of any Money in his Hands arising by any Duties under their Management, for the Vessel which shall so arrive in each Year with the greatest Quantity of Oil taken as aforesaid, five hundred Pounds; for the Vessel which shall in like Manner arrive in the same Year with the next greatest Quantity of Oil so taken as aforesaid, four hundred Pounds; for the Vessel which shall in like Manner arrive in the same Year with the next greatest Quantity of Oil so taken as aforesaid, three hundred Pounds; for the Vessel which shall in like Manner arrive in the same Year with the next greatest Quantity of Oil so taken as aforesaid, two hundred Pounds; and for the Vessel which shall so arrive in the same Year with the next greatest Quantity of Oil so taken as aforesaid, one hundred Pounds; the said Oil so to be imported by each of the said Vessels being the Produce of one Whale at the least; which said several and respective Bounties shall be paid by such Receiver General, within two Months after the Expiration of each Year in which such Vessel shall arrive, to the Owner or Owners of such Vessels so intitled thereto, or their Assigns duly authorised to demand the same.

    "IV. And in order to obviate any Doubts that have arisen, or may arise, to whom the Privilege or Right of drying Fish on the Shores of Newfoundland does or shall belong, under the before-mentioned Act, made in the tenth and eleventh Years of the Reign of King William the Third, which Right or Privilege has hitherto only been enjoyed by his Majesty's Subjects of Great Britain, and the other British Dominions in Europe;" be it enacted and declared by the Authority aforesaid, That the said Right and Privilege shall not be held and enjoyed by any of his Majesty's Subjects arriving at, Newfoundland from any other Country except from Great Britain, or one of the British Dominions in Europe.

    V. And it is hereby further enacted by the Authority aforesaid, That it shall and may be lawful for any of his Majesty's Subjects residing in Ireland to ship and lade there, and to transport directly from thence to Newfoundland or to any Part of America where the Fishery is now or shall hereafter be carried on, on Board any Ship or Vessel which may lawfully trade or fish there, any Provisions, and also any Hooks, Lines, Netting, or other Tools or Implements necessary for and used in the Fishery by the Crews of the Ships or Vessels carrying out the same, and the Craft belonging to and employed by such Ships or Vessels in the said Fishery, such Provisions, Hooks, Lines, Netting, or other Tools or Implements, being the Product and Manufacture of Great Britain or Ireland; and that it shall and may be lawful for any of his Majesty's Subjects residing in the Isle of Man, in like Manner to export directly from thence any of the Articles herein before mentioned for the Purpose aforesaid, such Articles being the Product or Manufacture of

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Great Britain, or the said Isle of Man, any Law, Custom or Usage, to the contrary notwithstanding.

    VI. Provided always, and it is hereby further enacted by the Authority aforesaid, That the Master or other Person taking Charge of such Ship or Vessel shall produce to the proper Officer of the Customs in the Colony or Plantation where he shall arrive, a Certificate, under the Hand and Seal of the Collector or other Principal Officer of the Customs in the Port where he shall have fitted out, that Oath hath been made before him by the Shipper of such Provisions, Hooks, Lines, Netting, or other Tools and Implements, that the same are of the Product and Manufacture of Great Britain or Ireland, or the Isle of Man respectively, as the Fact may be, and that the several Articles before mentioned (except the Provisions), specifying the Quantities and Particulars of each Sort, are to be used in the Fishery by the Crews of the respective Ship or Vessel carrying out the same, and by the Craft belonging to and to be employed by such Ship or Vessel in the said Fishery, and for no other Use or Purpose whatsoever (which Oath and Certificate such Collector or other Officer is hereby authorised and required to administer and grant without Fee or Reward); and on Failure of producing such Certificate, or if any such Hooks, Lines, Netting, Tools and Implements, are used or disposed of for any other Purpose, the same, and the Ship or Vessel having the same on Board, shall be liable to be seized and forfeited in the same Manner as they would have been subject and liable to if this Act had not been made, any Thing herein contained to the contrary notwithstanding.

    VII. And it is hereby further enacted by the Authority aforesaid, That from and after the first Day of January, one thousand seven hundred and seventy-six, all Vessels fitted and cleared out as Fishing Ships in pursuance of this Act, or of the before-mentioned Act, made in the tenth and eleventh Years of the Reign of the late King William the Third, and which shall be actually employed in the Fishery there, or any Boat or Craft whatsoever employed in carrying Coastwise, to be landed or put on Board any Ships or Vessels, any Fish, Oil, Salt Provisions, or other Necessaries, for the Use and Purpose of that Fishery, shall not be liable to any Restraint or Regulation with respect to Days or Hours of working, nor to make any Entry at the Customhouse at Newfoundland, except a Report to be made by the Master on his first Arrival there, and at his clearing out from thence; and that a Fee not exceeding two Shillings and Sixpence shall and may be taken by the Officers of the Customs at Newfoundland for each such Report; and that no other Fee shall be taken or demanded by any Officer of the Customs there, upon any other Pretence whatsoever relative to the said Fishery, any Law, Custom, or Usage, to the contrary notwithstanding.

    VIII. Provided always, and be it enacted., That in case any such Fishing Ship or Vessel shall at her last clearing out from the said Island of Newfoundland have on Board, or export any Goods or Merchandise whatsoever, except Fish, or Oil made of Fish, such Ship or Vessel, and the Goods thereon laden, shall

[1927lab]


 

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