The Labrador Boundary


Privy Council Documents


Volume I
Contents




After Dec. 25, 1775, Bounties granted by Act 11 Geo. III. extended to Ireland.

Officers to certify that Ships are properly fitted out, before they proceed on their Voyage.

Commissioners of the Revenue in Ireland, on receiving such Certificates, to grant Licence, &c.

What Number of Men, Lines, Boats, &c. Ships of certain Dimensions shall have on Board.

On Return of Ships, proper Officers to go on Board and inspect the Cargo, &c. and take an Account of the Names of the Masters, Har-pooners, &c.

Commissioners being satisfied of the faithful Deal.

ings of the Master, &c. to pay the Bounties as directed, according to the Admeasurement of the Ships.

Certain Provisoes respecting Ships before any Person be intitled to the Bounty.

If Monies arising from the Old Subsidy be not sufficient to pay Bounties, any other Revenue Money may be taken.

Commissioners, at the Beginning of every Session of Parliament, to lay before them an Account of the Ships employed in the Whale Fishery, &c.

Ships under 200 Tons intitled to a Bounty proportionable to their Admeasurement.

Ships above 400 Tons not intitled to a larger Bounty than a 400 Ton Ship; and Owners not obliged to equip, &c. more than a Ship of 400 Tons.

No apprentice, when indentured, to exceed 18, nor be under 14 Years; and no Bounty to be paid unless Ships employed belong to some of his Majesty's Subjects where fitted out.

Bounties may be insured.

Persons giving false certificates, &c. to forfeit 500 1.

Forfeitures how to be applied.

Forfeitures incurred in Newfoundland to be sued for in the Vice Admiralty Court in said Island.

Persons aggrieved may appeal to the proper Admiralty Court in Britain.


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the Kingdom of Ireland;" be it therefore enacted by the Authority aforesaid, That from and after the twenty-fifth Day of December, one thousand seven hundred and seventy-five, the respective Bounties herein after mentioned shall be allowed for every Ship or Vessel British built, and owned by his Majesty's Subjects of Ireland, and whereof the Captain or Master and at least One-third of the Mariners are his Majesty's Subjects of Great Britain or Ireland, which shall proceed from any Port in the said Kingdom of Ireland within the Time limited by this Act on the Whale Fishery to the Greenland Seas, and Davis's Streights, and the adjacent Seas, under the several Rules and Restrictions herein after expressed; that is to say, Every such Ship or Vessel, before she proceeds on such Voyage, shall be visited by the proper Officer or Officers of the Customs belonging to such Port, who shall examine into such Ship or Vessel, and take an Account of the Tonnage thereof by Admeasurement, and shall certify such his or their Visitation, Examination, and Admeasurement, to the Commissioners of his Majesty's Revenue in Ireland; and if it appears by the Certificates of such Officer or Officers that she hath on Board such a Number of Men, Provisions, Boats, Fishing Lines, and Instruments to be used in such Fishery as herein after are mentioned; that she is strongly built, and otherwise a proper Ship for such Voyage and Fishery, and hath on Board among her Crew a sufficient Number of Harpooners, Steersmen, and Line-managers, who have been before employed in such Voyages (the Names of such Persons to be contained in such Certificate); and if it further appears by the Oath of one or more Owner or Owners, and of the Master or Chief Officer of such Ship, written at the Foot of such Certificate, and made before the Collector or Comptroller of such Port (who are hereby impowered and required to administer the same), that it is realty and truly their firm Purpose and determined Resolution, that such Ship shall, as soon as Licence shall be granted, forthwith proceed, so manned, furnished, and accoutred, on a Voyage to the Greenland Seas, or Davis's Streights, or the Seas adjacent, and there in the then approaching Season to use the utmost Endeavours of themselves and their Ship's Company to take Whales, or other Creatures living in the Sea, and on no other Design or View of Profit in such Voyage, and to import the Whale Fins, Oil, and Blubber thereof, into the Kingdom of Great Britain (naming the Port to which it is their Intention to return); and if the Master, after such Certificate had, and Oath made, do also become bound, with two sufficient Securities, unto his Majesty, his Heirs and Successors, in the Penalty of such Sum as shall be equal to treble the Bounty intended by this Act (which Bond the said Collector, with the Approbation of the Comptroller, is hereby required to take, and is to be in Force for the Term of three Years against the Master and Sureties for the faithful Dealings of the said Master and Ship's Company in regard to the said Ship and Voyage); then, and in all such Cases, it shall and may be lawful for any three or more of the said Commissioners of the Revenues in Ireland for the Time being, on receiving such Certificates and Oaths made, and it being certified to them by the Collector and Comptroller of such Port, that sufficient Security hath been given as aforesaid, to give and grant, and they are hereby

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required to give and grant to the Master and Owners of such Ship, full Licence and Authority to proceed on such Voyages as aforesaid.

    "XXII. And to prevent any Disputes that may arise whether a Ship be properly qualified and duly fitted out for the Whale Fishery, according to the true Intent and Meaning of this Act, and intitled to a Certificate thereof from the Custom-house Officers," it is hereby enacted, That every Ship of the Burthen of two hundred Tons, designed for this Fishery, shall and is hereby obliged to have on Board forty Fishing Lines of one hundred and twenty Fathom each, forty Harpoon Irons, four Boats with seven Men, including a Harpooner, a Steersman, and a Line-manager, to each Boat, making in the Whole twenty-eight Men besides the Master and Surgeon, with six Months Provision at the least for such Number of Men; and every Ship of larger Burthen an Increase of six Men, one Boat, ten such Lines and ten Harpoon Irons more, for every fifty Tons above the said two hundred Tons, together with Provisions in proportion; and every Ship which shall be so employed in the said Fishery shall have on Board an Apprentice, indentured for the Space of three Years at the least, for every fifty Tons Burthen, who shall be accounted as one of the Number of Men required to be on Board such Ship as aforesaid.

    XXIII. And be it further enacted by the Authority aforesaid, That on the Return of such Ship to the Port to which the Master and Mate declared on Oath their Intention to return, the proper Officers of the Customs at, such Port shall immediately repair on Board, and view the Condition of such Ship and her Lading, and certify the same, together with their Observations thereon; as also of the real Tonnage of the said Ship; and the said Officers are also to take an Account or Schedule of the Names of the Master, Mate, and other Persons on Board, distinguishing therein the Harpooners and Persons more immediately employed in the said Fishery, and to certify the same; and the Master and Mate shall make Oath before the Collector and Comptroller (who are hereby impowered and required to administer the same), on the Back of, or annexed to the Licence granted as aforesaid, which they are hereby then required to deliver up, that they did in pursuance thereof, mentioning the Day of their Departure, proceed on a Voyage directly to the Places aforesaid, and have not since been on any other Voyage, or pursued any other Design or View of Profit; and that they did there (mentioning the Time of their Stay in those Seas) use the utmost Endeavour of themselves and their Ship's Company to take Whales, and other Creatures living in those Seas; and that all the Whale Fins Oil and Blubber, imported (if any) in such Ship, was really an bona fide caught and taken in the said Seas by the Crew of such Ship only, or with the Assistance of the Crew of some other Ship duly licenced for that Voyage, pursuant to the Directions of this Act; all which Schedule, Certificate, Licence, and Oath, shall be transmitted by the Collector and Comptroller of such Port to the respective Commissioners of the Customs for that Part of Great Britain where such Ship shall arrive; and such Commissioners being fully satisfied of the faithful Dealings of the Master and other

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Persons employed in such Ships with respect to such Voyage and Fishery, shall, on Demand, cause Payment to be made to the Master or Owners, or to his or their Assigns, by the Receiver General of the Customs for that Part of Great Britain where such Ship shall arrive, the Bounty or Premium following, according to the Admeasurement of such Ship, duly certified as aforesaid; (that is to say), For every such Ship as shall proceed on the said Fishery, from the twenty-fifth Day of December, one thousand seven hundred and seventy-five, to the twenty-fifth Day of December one thousand seven hundred and seventy-six, the Sum of forty Shillings per Ton; and for every such Ship as shall proceed on the said Fishery, from the twenty-fifth Day of December one thousand seven hundred and seventy-six, to the twenty-fifth Day of December one thousand seven hundred and eighty-one, the Sum of thirty Shillings per Ton; and for every such Ship as shall proceed on the said Fishery from the twenty-fifth Day of December one thousand seven hundred and eighty-one, to the twenty-fifth Day of December one thousand seven hundred and eighty-six, the Sum of twenty Shillings per Ton.

    XXIV. Provided always, and it is hereby further enacted by the Authority aforeasid, That no Person or Persons shall be allowed or intitled to receive the Bounty herein before granted, for any Ship which shall proceed on the said Whale Fishery after the twenty-fifth Day of December one thousand seven hundred and seventy-five, unless such Ship shall sail from the Port where she shall be surveyed, and cleared directly on her intended Fishery, on or before the tenth day of April in each and every Year, and shall continue with her Crew in the Greenland Seas, or Davis's Streights, or the adjacent Seas, diligently endeavouring to catch Whales, or other Creatures living in those Seas, and shall not depart from thence before the tenth Day of August then following, unless such Ship shall be laden with the Blubber and Fins of one Whale, caught by the Crew thereof, or with the Assistance of the Crew of some other licensed Ship, before that Time, or shall be forced by some unavoidable Accident or Necessity to depart sooner from those Seas which Accident or necessity shall be verified on the Oaths of the Master and Mate belonging to such Ship, upon her Return from the said Fishery, before the Collector and Comptroller of the Customs at the Port where she shall arrive, who shall transmit the same, together with the Schedule, Licence, and other Documents by this Act required, to the respective Commissioners of the Customs for that Part of Great Britain where she shall arrive.

    XXV. And be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for the Commissioners of the Customs in England and Scotland respectively to order the respective Receivers General of the Customs, in case the Monies remaining in their Hands arising from the Old Subsidy shall not be sufficient at any Time or Times, during the Continuance of this Act, to satisfy the said Bounty of forty Shillings per Ton, and thirty Shillings per Ton, and twenty Shillings per Ton, during the several Periods herein before limited, payable on all. Ships employed in the said Fishery, according to the Directions of this present Act, to pay the same out

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of any Money that shall be in their Hands arising from any of the Duties and Revenues under their Management respectively.

    XXVI. And be it further enacted by the Authority aforesaid, That the Commissioners of his Majesty's Customs in England and Scotland respectively shall, at the Beginning of every Session of Parliament, lay before both Houses of Parliament an Account in Writing, under their Hands, of what Number of Ships employed in the Whale Fishery to Davis's Streights and the Greenland Seas, in pursuance of this Act, with their respective Names and Burthens, have returned to Great Britain, and at what Port in Great Britain they were discharged, and also what Quantity of Oil, Blubber, or Whale Fins, each Ship shall have imported, and from what Port in Ireland or the Isle of Man they were fitted out.

    "XXVII. And whereas it hath been found by Experience, that Ships under the Burthen of two hundred Tons are fit for the said Fishery;" be it therefore enacted and declared by the Authority aforesaid, that every Owner or Owners of any Ship or Ships under the Burthen of two hundred Tons, which shall be employed in the said Fishery, who have conformed themselves in all Respects to the Rules and Directions herein before prescribed to the Owners of Ships of two hundred Tons, shall be intitled to the said Bounty, as herein before limited, according to the Admeasurement of such Ship or Ships respectively.

    XXVIII. Provided always, and be it enacted by the Authority aforesaid, That no ship to be employed in the said Fishery, although she be above the Burthen of four hundred Tons, shall be intitled to a larger Bounty than a Ship of four hundred Tons would be intitled to.

    XXIX. Provided also, That nothing in this present Act shall extend, or be construed to extend, to oblige the Owner or Owners of any Ship above, the Burthen of four hundred Tons, in order to intitle him or them to the said Bounty, to fit out, equip, and man any such Ship, otherwise than as a Ship of the Burthen of four hundred Tons only is, by this present Act, required to be fitted out, equipped, and manned.

    XXX. Provided also, and it is hereby further enacted by the Authority aforesaid, That every Apprentice indentured after the twenty-fifth Day of December one thousand seven hundred and seventy-five, to serve on Board any Ship or Vessel proceeding on the Fisheries, in pursuance of this or any other Act of Parliament now in Force, granting any Bounty or Bounties thereon, shall not exceed the Age of eighteen Years, nor be under fourteen, at the Time he shall be so indentured; and that no Bounty shall be allowed or paid for any Ship or Vessel so employed, either by virtue of this or any former Act of Parliament, unless the whole and entire Property of such Ship or Vessel shall belong to some of his Majesty's Subjects residing in that Part of his Majesty's Dominions from whence such Ship or Vessel shall be respectively fitted and cleared out, any Law, Custom, or Usage, to the contrary notwithstanding.

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    "XXXI. And, to prevent any Application to Parliament for the Bounty on any Ship employed in either of the Fisheries before mentioned, which may happen to be lost at Sea before their Return to Great Britain," be it declared and enacted by the Authority aforesaid, That it shall and may be lawful for the Owner or Owners of any Ship, employed, or designed to be employed, in the said Fisheries, or either of them, to insure the Bounty which such Owner or Owners would have been intitled to upon the Return of such Ship to Great Britain, on the Performance of all other Matters directed and appointed by this present Act to be performed for obtaining the said Bounties.

    XXXII. And it is hereby further enacted by the Authority aforesaid, That if any Person or Persons shall give or grant any false Certificate for any of the Purposes required or directed by this Act, such Person or Persons shall forfeit the Sum of five hundred Pounds, and be rendered incapable of serving his Majesty, his Heirs or Successors, in any Office whatsoever; and if any Person or Persons shall counterfeit, erase, alter, or falsify, any Certificate required or directed by this Act, or shall knowingly or willingly make use of any false Certificate, or of any Certificate so counterfeited, erased, altered, or falsified, such Person or Persons shall, for every such Offence, forfeit the Sum of five hundred Pounds; and every such Certificate shall be invalid, and of no Effect.

    XXXIII. And it is hereby further enacted by the Authority aforesaid, That one Moiety of the Penalties and Forfeitures inflicted by this Act (except in such Cases where other Directions are given by this Act) shall be to the Use of his Majesty, his Heirs and Successors, and the other Moiety to such Officer or Officers of the Customs as shall sue or prosecute for the same in any of his Majesty's Courts of Record at Westminster or Dublin, or in the Court of Exchequer in Scotland, or in any Court of Admiralty having Jurisdiction in his Majesty's Colonies or Islands respectively where the Offence shall be committed.

    XXXIV. And be it further enacted by the Authority aforesaid, That from and after the first Day of January one thousand seven hundred and seventy-six, the Penalties and Forfeitures inflicted by any Act of Parliament relating to the Trade or Revenue of the British Colonies or Plantations in America, which shall be incurred in the said Island of Newfoundland, shall be sued for, prosecuted, and recovered, in the Court of Vice Admiralty having Jurisdiction in the said Island, and in no other; and if any Person or Persons shall think him or themselves aggrieved by any Judgment, Sentence, or Determination of any Court of Vice Admiralty, or other Court having Jurisdiction in Newfoundland, upon any Suit or Prosecution commenced there for any Penalty or Forfeiture inflicted by any Act of Parliament relating to the Trade or Revenues of the British Colonies or Plantations in America, it shall and may be lawful for such Party to appeal from such Judgment, Sentence, or Determination, in the first Instance, to the proper Court of Admiralty in Great Britain, or to his Majesty in Council; and that no Appeal

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