The Labrador Boundary


Privy Council Documents


Volume I
Contents




[1786.]
Preamble.

15 Geo. 3. c. 31.

After Jan. 1, 1787, Bounties to be given to Vessels fitted out from Great Britain &c. for the Newfoundland Fishery, qualified, &c. agreeable to 10 & 11 Gul. 3. c. 25.

Bounties to be paid the first 100 Vessels which shall arrive at Newfoundland with a Cargo of Fish:

Ditto to the second 100 Vessels which shall so arrive.

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

Masters and Mates to make Oath.

Collectors of Customs to pay the Bounties.

Number of Mariners belonging to each Vessel to be inserted in the Certificate of Qualification.

Certificates given, and Affidavits taken in Newfoundland, when to be transmitted to the Governor.

Masters of Vessels, previous to receiving the Bounties, to make Oath relative to the Number of their Men returned.

What proportion of their Wages shall be advanced to green Men during the Time of their Service.

Penalty on Seamen, &c. absenting themselves from or neglecting their Employ.

Master to be sworn before Oil or Blubber admitted to Entry Duty-free.

A similar Oath to be taken relative to Seal Skins.

Clause relative to Oil, &c. purchased at Newfoundland, and imported from thence into Great Britain.


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C


No. 47.

ACT, 26 GEO. III., CAP. 26, (IMPERIAL).



An Act to amend and render more effectual the several Laws now
        in force for encouraging the Fisheries carried on at Newfound-
        land
and Parts adjacent, from Great Britain, Ireland, and the
        British Dominions in Europe; and for granting Bounties, for a
        limited Time, on certain Terms and Conditions.

    "Whereas the Bounties granted to a certain Number of Vessels employed in the British Fishery on the Banks of Newfoundland, by an Act passed in the fifteenth Year of the Reign of his present Majesty, intituled, 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, will expire on the first Day of January one thousand seven hundred and eighty-seven: And whereas, at the Expiration thereof, it is expedient that new Bounties should be granted, for a limited Time, under certain Conditions, Limitations, and Restrictions: And whereas it has been found by Experience, that several of the Provisions and Regulations contained in the Laws now in force for encouraging the Fisheries carried on at Newfoundland, and Parts adjacent, are insufficient to answer the good Purposes thereby intended, and that it is requisite that other Provisions and Regulations should be enacted:" To that End, be it therefore 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 eighty-seven, the respective Bounties herein-after mentioned shall be paid and allowed annually, for ten Years, to 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, That such Vessels shall appear by their Register to be British-built, and wholly owned by his Majesty's Subjects residing in Great Britain, Ireland, or the Islands of Guernsey, Jersey, or Man; and shall be navigated each with a Master, and at least three Fourths of the Mariners being British Subjects, usually residing in his Majesty's European Dominions; and shall be in other Respects qualified and subject to the same Rules and Restrictions as are prescribed by an Act, made in the tenth and eleventh Years of the Reign of

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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, or from the Islands of Guernsey, Jersey, or Alderney, after the said first Day of January one thousand seven hundred and eighty-seven, and after that Day in each 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 any one of the Ports on the North, the East, or the South Side of the Island of Newfoundland, between Cape Saint John and Cape Raye, 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 same Port: In which Case, the one hundred Vessels which shall first arrive at the 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 which, 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, if navigated with not less than twelve Men each, be intitled to forty Pounds each; but if any of the said one hundred Vessels, so first arriving as aforesaid, shall be navigated with less than twelve Men each, and not less than seven, they shall be intitled to twenty-five Pounds each: Provided always, That if, in either of the Cases before mentioned, any of the one hundred Vessels, so first arriving as aforesaid, shall be wholly navigated by Men going out upon Shares; that is to say, receiving a certain Share of the Profits arising from the Voyage in lieu of Wages, such of the said Vessels as shall be so navigated by not less than twelve Men each, shall be intitled to fifty Pounds each; and if so navigated with a less Number than twelve Men, and not less than seven, shall be intitled to thirty-five Pounds each. And further, that the one hundred Vessels which shall next so arrive 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, if navigated with not less than twelve Men each, be intitled to twenty-five Pounds each; but if such one hundred Vessels, so arriving as aforesaid the next in order of Time, shall be navigated each with less than twelve, and not less than seven Men, they shall be intitled to eighteen Pounds each: Provided also, That, if, in either of the Cases last mentioned, any of the Vessels so arriving next in order of Time as aforesaid, shall be so navigated wholly by Men going out upon Shares, that is to say, receiving a certain Share of the Profits arising from the Voyage in lieu of Wages, such of the said Vessels as shall be so navigated by not less that twelve Men each, shall be intitled to thirty-five Pounds each; and if so navigated with a less Number than twelve Men, and not less than seven, shall be intitled to twenty-one Pounds each; upon the Master or Owner of every such Vessel respectively producing to the Collector or other Principal Officer of his Majesty's Customs, at the Port in Great Britain from whence such Vessel was cleared out, or, if cleared out from either of the said Islands of Guernsey, Jersey, or Alderney,

p. 275

to the Collector or other Principal Officer of the Customs in some Port of Great Britain, 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 or if cleared out from the Islands of Guernsey, Jersey, or Alderney, under the Hands of the Governor or Deputy Governor, and Principal Officer of the Customs there, testifying that such Vessel was duly qualified to proceed on such Fishery in pursuance of the before recited Act, made in the tenth and eleventh Years of the Reign of King WILLIAM the Third; and that it has been made to 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 Vessels 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 by the Crew of such Vessel only; 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 in such and the like Manner, and out of the same Funds, as the Bounties herein before mentioned to have been granted by the said recited Act, made in the said fifteenth Year of the Reign of his present Majesty.

    II. And be it further enacted by the Authority aforesaid. That in each and every Certificate of a Ship being duly qualified as aforesaid to proceed on the said Fishery, there shall be inserted the real Number of the Mariners then belonging to such Vessel, and intended to be employed in the said Fishery, distinguishing how many of them are new or green Men, and whether they are hired upon Shares, or are to receive Wages; which Facts are to be verified on the Oath of the Master of the Vessel, made or taken before the Person who shall grant the said Certificate, and who is hereby authorised and required to administer the same, and to insert such Facts in such Certificate; and if such Vessels shall be cleared out from the said Islands of Guernsey, Jersey, or Alderney, then such Oath shall be taken before a Magistrate of the Royal Court, in the Presence of the Principal Officer of the Customs who shall grant such Certificate, the whole to be attested by the Governor of each of the said Islands respectively; on Failure whereof, such Vessels shall be excluded from the Benefit of this Act, and shall not be intitled to or receive any of the Bounties herein before granted.

p. 276

    III. And be it further enacted by the Authority aforesaid, That the several Certificates to be given and Affidavits taken in Newfoundland as aforesaid, in order to satisfy the said Governor of the said Island, as to the Facts to ground his Certificate thereupon, as herein before directed, for the Payment of the said Bounties, shall and are hereby required, within the District of Saint John's, in the said Island of Newfoundland, to be transmitted to the said Governor at Saint John's, before the fifteenth Day of September in each Year, and within any other District in the said Island before the thirtieth Day of September in each Year, in order that he may perfectly examine the Documents, and thoroughly investigate the same, so as to be able clearly and justly to settle the Times of the Arrivals as aforesaid of the several and respective Vessels, and adjust the different Bounties, and to whom they are and ought severally to be paid.

    IV. And be it further enacted by the Authority aforesaid, That every Master of a Vessel, intitled to any of the Bounties herein before granted, shall, before he shall receive the same, or any Part thereof, make Oath before the Collector and Comptroller, or other Chief Officer at the Port in Great Britain where he shall arrive on his Return from the said Fishery upon the Banks of Newfoundland, that all the Men belonging to his Ship who sailed out with him, or a Number of Men equal thereto, are returned to Great Britain, unless any of his Crew shall have died at Newfoundland, or in the said Voyage, either on the Passage out or Return Home, or have deserted without his Knowledge or Consent, or have been shipped in or on board British Vessels bound for foreign Markets; which Facts shall also be verified on Oath by every such Master, before the said Officers or Officer of the Customs, who are respectively hereby authorised and required to administer the same.

    "V. And whereas, by the said recited Act, made in the fifteenth Year of the Reign of his present Majesty, it is enacted, That no Hirer or Employer shall pay or advance to any Seaman or Fisherman, or either of them, during the Time he shall be in his Service, more than Half the Wages which shall at any Time, be due to him: And whereas in the Case of green Men, the Advance of one Half of the Wages may not always be sufficient to fit them out and clothe them for the Season;" be it therefore enacted by the Authority aforesaid, That it shall and may be lawful for the Hirer or Employer of any such green Men engaged in the said Fishery, to advance to any such green Man, during the Time he shall be in his Service, a Sum not exceeding five Pounds ten Shillings, although the same shall amount to more than one Half of the Wages which shall be due to him, provided a Sum equal to the then current Price of a Man's Passage Home, not exceeding forty Shillings for each Man, be reserved to bear the Charge of his Return Home, as directed by the said before recited Act of the fifteenth Year of his present Majesty's Reign.

    "VI. 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

p. 277

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.

    VII. 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.

    VIII. 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.

    IX. 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,

[1927lab]


 

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