p. 278
the same shall and may be admitted to Entry Duty-free, provided the Master, or other Person having or taking the Charge or Command of the Ship or Vessel importing the same, shall make Oath of all and every the Particulars respecting the Purchase thereof, before the Collector or other Chief officer of the Customs at the Port in Great Britain into which such Oil, Blubber, or Seal Skins are imported (who is hereby authorised and required to administer such Oath); and shall produce and deliver to such Collector, or other Chief Officer, a Certificate, under the Hand and Seal of the Naval Officer of the District in Newfoundland where such Oil, Blubber, or Seal Skins, were purchased; or if there shall not be any Naval Officer at such Place, then under the Hand and Seal of the Commander of any of his Majesty's Ships, stationed there, testifying that Oath had been made before him (who is hereby authorised and required, in such Case, to administer the same), by the Person or Persons who actually caught the Fish from which the Oil, Blubber, or the Seals from which the Skins mentioned in such Certificate was produced or came, that such Oil or Blubber was really and bona fide the Oil or Blubber of Fish or Creatures living in the Sea, or that such Skins were really and bona fide the Skins of Seals, 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; and provided such Master, or other Person having or taking the Charge or Command of the Ship or Vessel so importing such Oil, Blubber, and Seal Skins, shall also make Oath, before such Collector or other Chief Officer (who is hereby authorised and required to administer the same), that the Oil, Blubber, or Seal Skins so imported, are the same Oil, Blubber, or Seal Skins, mentioned and referred to in the said Certificate.
X. And be it further enacted by the Authority aforesaid, That, upon the Importation of any foreign Salt into this Kingdom from any Place from whence, and in the Manner in which such Salt may be legally imported, the Importer or Proprietor of such Salt shall be at Liberty to give Bond to his Majesty, his Heirs and Successors, for the Payment of the Duty commonly called The Old Subsidy, and all further Subsidies, Imposts, and Duties, due and payable to and for the Customs upon such Salt, within the Space of twelve Calendar Months from the Date of such Bond, but without any Discount or Allowance for prompt Payment of the said Duties, or either of them; which Bond the Collector and Comptroller of his Majesty's Customs at the Port of Importation are hereby authorised to take in his Majesty's Name, and thereupon to permit such Salt to be entered and landed in the usual Manner; and if such Salt shall be exported again within the said Space of twelve Calendar Months, the Bonds which shall have been given for the said Duties thereon, shall be cancelled and discharged; and in case the full Duties payable to the Customs for such Salt shall have been paid at or before the Expiration of the said twelve Calendar Months, and such Salt shall be afterwards exported into foreign Parts within the Time allowed by Law, a Drawback of all the said
p. 279
Duties which were so paid shall be allowed in the same Manner as the former Drawback of the Customs upon the Exportation of Salt, was, could, or might be paid; and such Salt shall be subject and liable to the same Rules, Regulations, Restrictions, Securities, Penalties, and Forfeitures (except where any Alteration is made by this Act), as such Salt was subject and liable to by any Act or Acts of Parliament in force before the making of this Act.
XI. 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.
"XII. 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 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
p. 280
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.
XIII. 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.
"XIV. 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,
p. 281
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.
XV. 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 Scans, 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 Person, if found guilty of the said Offence at such Session, shall forfeit and pay Treble Articles 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.
"XVI. And whereas it is highly injurious to the Trade and Manufactures of his Majesty's Dominions in Europe, that Persons residing or carrying on Fishery in the Island of Newfoundland, or Parts adjacent, or on the Banks of the said Island of Newfoundland, should be supplied with any Goods or Commodities whatsoever by the Subjects of any foreign State;" be it therefore enacted by the Authority aforesaid, That no Person or Persons, residing or carrying on Fishery in the Island of Newfoundland, or Parts adjacent, or on the Banks of the said Island of Newfoundland, shall there purchase, or take in Exchange, or by way of Barter, or cause to be purchased or taken in Exchange, or by way of Barter, or be aiding or assisting in the purchasing, bartering for, or taking in Exchange, any Goods or Commodities whatsoever, from any Person or Persons being a Subject or Subjects of any foreign State; and that every Person or Persons residing or carrying on Fishery in the said Island of Newfoundland, or Parts
p. 282
adjacent, or on the Banks of the said Island of Newfoundland, who shall there purchase, barter for, or take in Exchange, or shall cause to be purchased; bartered for, or taken in Exchange, any such Goods or Commodities in Manner aforesaid, shall be apprehended and committed to Prison, and, on due Conviction before the Court of Session, shall forfeit Treble the Value of such Goods or Commodities so purchased, or taken in Barter or Exchange, or procured to be purchased, or taken in Barter or Exchange, or in the Purchase, Barter, or taking of which in Exchange, such Person shall have been 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.
XVII. Provided always, That nothing herein contained shall extend, or or [sic] be construed to extend, to hinder or prevent Bread, Flour, Indian Corn, and live Stock, from being imported into the said Island of Newfoundland in certain British Vessels, in pursuance of an Act passed in this present Session of Parliament.
XVIII. And be it further enacted by the Authority aforesaid, That the Sum for which the said Governor shall agree with the Master, or other Person having or taking the Charge or Command of any Ship or Vessel, for the Passage of any Person or Persons from the said Island, to the Place or Places to which he or they belonged, shall in no Case exceed the Sum of forty Shillings for each Person, and shall be paid to the Master of such Ship or Vessel out of the Monies which shall arise from Forfeitures incurred for any Offence committed against this Act, or the Acts herein before recited, upon such Master producing to the, said Court of Session, a Certificate, under the Hand and Seal of such Governor of the Numbers and Names of the Persons respectively taken on board by his Direction, and of the Times they were taken on board respectively, and the several Sums agreed to be paid as of aforesaid; which Sums the Court of Session are hereby required to cause to be paid to such Master, if sufficient Funds for that Purpose shall remain in the Hands of the said Court.
XIX. And be it also enacted by the Authority aforesaid, That if no sufficient Fund for the Payment of any Sum or Sums, so agreed upon as aforesaid, shall remain in the Hands of the said Court of Session, then and in such Case, every such Master, or other Person having or taking the Charge or Command of such Ship or Vessel, who shall have taken on board any Number of Persons by Order of the Governor, in Manner herein before directed, upon producing a Certificate, under the Hand and Seal of the said Governor, in Manner herein before directed, and making an Affidavit at his Return, setting forth the Time during which he subsisted such Person or Persons, and that he did not, during that Time, want any of his own Complement of Men, or how many he did want of such Complement, and for what Time, shall receive
[1927lab]
|