The Labrador Boundary


Privy Council Documents


Volume I
Contents




Recital of
4 Geo. 3. c. 15.

Officers of his Majesty's Ships stationed at Newfoundland may detain suspected Vessels, and search them:

And if any contra-band Goods are found on board, such Vessels and Goods shall be forfeited.

Clause relative to Suits in Newfound-land on account of the Seizure of Vessels, &c.

Plaintiff gaining a Verdict shall not be entitled to Costs. if there was probable Cause of Seizure.

Limitation of Actions.

General Issue.

Treble Costs.

Fines and forfeited Goods, &c. how to be applied.

Part of the Act of 15 Geo. 3. repealed.

The recited Acts (except, &c.) to remain in force.

[1789.]

Preamble.

No Fish, unless caught by Subjects of Great Britain, or of the British Dominions in Europe, to be landed or dried at Newfoundland, the Right as ceded to the French excepted.


p. 283

from the Commissioners of the Navy for the Time being (who are hereby required to cause the same to be paid) six Pence per Diem for the Passage and Provisions of such Person or Persons from the Day of their Embarkation homewards to the Day of their Arrival in Great Britain, the said Sum of six Pence per Diem only being deducted for such Time and so many Persons as he wanted of his Complement during his Voyage.

    XX. "And whereas it is enacted, in and by an Act passed in the fourth Year of his present Majesty's Reign, intituled, An Act for granting certain Duties in the British Colonies and Plantations in America; for continuing, amending and making perpetual, an Act passed in the sixth Year of the Reign of his late Majesty King GEORGE the Second, intituled, 'An Act for the better securing and encouraging the Trade of his Majesty's Sugar Colonies in America;' for applying the Produce of such Duties, and of the Duties to arise by virtue of the said Act, towards defraying the Expences of defending, protecting, and securing the said Colonies and Plantations; for explaining an Act made in the twenty-fifth Year of the Reign of King CHARLES the Second, intituled, 'An Act for the Encouragement of the Greenland and Eastland Trades, and for the better securing the Plantation Trade;' and for altering and disallowing several Drawbacks on Exports from this Kingdom, and more effectually preventing the clandestine Conveyance of Goods to and from the said Colonies and Plantations, and improving and securing the Trade between the same and Great Britain; That if any British Ship or Vessel shall be found standing into, or coming out from, either of the Islands of Saint Pierre and Miquelon, or hovering or at Anchor within two Leagues of the Coast thereof, or shall be discovered to have taken any Goods or Merchandizes on board at either of them, or to have been there for that Purpose, such Ship or Vessel, and all the Goods so taken on board there, shall be forfeited and lost, and shall and may be seized and prosecuted by any Officer of his Majesty's Customs; and the Master, or other Person having the Charge of such Ship or Vessel, and every Person concerned in taking such Goods on board, shall forfeit treble the Value thereof: And whereas the Provisions of the said recited Act may not be sufficient to effectuate the good Purposes thereby intended, or to prevent the Export of Sale of Ships, Vessels and Boats, and of all other the Goods and Commodities herein before enumerated and prohibited to be sold to the Subjects of any foreign State, or the Purchase and Import of the Goods and Commodities of such foreign States;" be it therefore enacted by the Authority aforesaid, That it shall and may be lawful for all and every Officer or Officers, having the Command of any of his Majesty's Ships stationed at the Island of Newfoundland, to stop and detain all and every Ship, Vessel, or Boast, of what Nature of Description soever, coming to, or going from the said Island, and belonging to, or in the Service or Occupation of any of his Majesty's Subjects residing in, trafficking with, or carrying on Fishery in the Island of Newfoundland, Parts adjacent, or on the Banks of the said Island of Newfoundland, which he shall have Reason to suspect to be going to, or coming from, the Islands of Saint Pierre or Miquelon,

p. 284

for the Purposes before mentioned, in any Place within the Limits of their Station, and to detain, search, and examine, such Ship, Vessel, or Boat; and that if, upon such Search or Examination, it shall appear to such Officer or Officers that there is reasonable Ground to believe that such Ship, Vessel, or Boat, or any Tackle, Apparel, or Furniture, used, or which may be used, by any Ship, Vessel, or Boat, or any implements or Utensils used, or which may be used, in the catching or curing of Fish, or any Fish, Oil, Blubber, Seal Skins, Fuel, Wood, or Timber, then on board of such Ship, Vessel, or Boat, was or were intended to be sold, bartered for, or exchanged, to the Subjects of any foreign State, or shall be discovered to have been so sold, bartered for, or exchanged; or if any Goods or Commodities whatsoever shall be found on board such Ship, Vessel, or Boat, or shall be discovered to have been on board, having been purchased or taken in Barter or Exchange from the Subjects of any foreign State; then, and in every such Case, to seize and send back such Ship, Vessel, or Boat, to the Island of Newfoundland; and that such Ship, Vessel, or Boat, and such Goods and Commodities so found on board, shall, upon due Condemnation, be forfeited and lost, and shall and may be prosecuted for that Purpose, by the Officer or Officers so seizing the same, in the Vice Admiralty Court of the said Island of Newfoundland; such Forfeiture to be given, one Moiety to the said Officer or Officers, and the other Moiety to the Governor of Newfoundland for the Time being, to be applied, under the Direction of such Governor, in defraying the Passages home of such Person or Persons as by this or any former Act are directed to be sent back to the Country to which they belong.

    XXI. And be it further enacted by the Authority aforesaid, That in case any Libel, Information, or other Suit or Proceeding whatsoever, shall be commenced and brought to Trial, in the Court of Vice Admiralty in the said Island of Newfoundland, on account of the Seizure of any Ship, Vessel, Boat, or Goods, for the Condemnation of the same, for any of the Causes herein, before mentioned, wherein a Decree shall be pronounced for or in favour of the Defendant or Defendants, Claimer or Claimers thereof, and it shall appear to the Judge or Court, before whom the same shall be tried, that there was a probable Cause for seizing the said Ship, Vessel, Boat, or Goods, the Judge, before whom the said Cause shall be tried shall certify on the Record that there was a probable Cause for the seizing of the said Ship, Vessel, Boat, or Goods; a Copy of which Certificate shall be delivered to the Prosecutor, under the Hands and Seals of such Judge or Judges; and that, in such Case, the Defendant shall not be entitled to any Costs of Suit whatsoever, nor shall the Person or Persons who seized such Ship, Vessel, Boat, or Goods, be liable to any Action, Indictment, or other Prosecution, on account of such Seizure; and that if any Action, Indictment, or Prosecution, shall be brought or preferred against any Person or Persons, who shall have obtained such Copy of such Certificate as aforesaid, in any of his Majesty's Courts in Great Britain, such Copy shall be admitted in Evidence on behalf of the Defendant or Defendants, and shall have the like Force and Effect as the Certificate on

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Record would have had in the Case of such Action, Indictment, or other Prosecution, being brought or preferred in the Island of. Newfoundland.

    XXII. And be it also enacted by the Authority aforesaid, That if any Action, Indictment, or other Prosecution, shall be commenced and brought to Trial against any Person or Persons whatsoever, on account of the Seizure of any such Ship, Vessel, Boat, or Goods, wherein a Verdict shall be given against the Defendant or Defendants, if the Court or Judge before whom such Action or Prosecution shall be tried shall certify on the Record that there was a probable Cause of such Seizure, that the Plaintiff, besides his Ship, Vessel, Boat, or Goods, so seized, or the Value thereof, shall not be intitled to above two Pence Damages, nor to any Costs of Suit, nor shall the Defendant in such Prosecution be fined above one Shilling.

    XXIII. And it is hereby further enacted by the Authority aforesaid, That if any Person or Persons shall, at any Time or Times, be sued or prosecuted for any Thing by him or them done or executed in pursuance of, or by Colour of this Act, or of any Matter or Thing in this Act contained, such Action or Prosecution shall be commenced within the Space of three Months after the Offence shall have been committed; and in case the Person or Persons making such Seizure as aforesaid shall have quitted the said Island of Newfoundland before the Expiration of three Months from the Time of the Offence committed, then that such Action or Prosecution shall be commenced within three Months after his or their Return to Great Britain; and such Person or Persons shall and may plead the General Issue, and give this Act, and the special Matter in Evidence for his and their Defence, and that the same was done in Prosecution and by Authority of the said Act: And if it shall appeal so to have been done, then the Court shall adjudge and decree, or the Jury shall find, in the Courts of Great Britain or Newfoundland respectively, for the Defendant or Defendants; and if the Plaintiff shall be nonsuited, or discontinue his Action, Libel, or other Proceedings in the Courts of Great Britain or Newfoundland, after the Defendant or Defendants hath or have appeared, or if Judgement shall be given upon any Verdict or Demurrer against the Plaintiff, the Defendant or Defendants shall recover Treble Costs, and have the like Remedy for the same as the Defendant or Defendants hath or have in other Cases by Law.

    XXIV. And be it further enacted by the Authority aforesaid, That all and every the Fines or Penalties inflicted by this Act, or by the Acts herein before recited, and to be levied upon the Seamen or Fishermen, except those for Neglect of Duty; and that such Ships, Vessels, or Goods, as shall be seized, Condemned, and forfeited as before mentioned, except such the Distribution thereof is otherwise directed by this Act, shall be given, one Moiety to the Informer, and the other Moiety to the Governor of Newfoundland for the Time being, to be applied, under the Direction of such Governor, in defraying the Passages home of such Person or Persons as by this or any former Act are directed to be sent back to the Country to which they belong.

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    XXV. And be it further enacted by the Authority aforesaid, That so much of the said recited Act of the fifteenth Year of the Reign of his present Majesty, as gives any Jurisdiction to the Court of Vice Admiralty for the said Island of Newfoundland with respect to enquiring into and determining Disputes concerning the Wages of any Seamen or Fishermen, or any Offence committed by any Hirer or Employer of such Seamen or Fishermen, or any Controversies or Differences arising from their Contracts or Agreements, shall be, and the same is hereby repealed.

    XXVI. And be it further enacted by the Authority aforesaid, That all and every the Clauses, Matters, and Things in the said herein-before recited Acts contained, which are not altered or repealed by this present Act, shall continue and remain in full Force.



C
No. 48.

ACT 29 GEO. III., CAP. 53, (IMPERIAL).



An Act for further encouraging and regulating the Newfoundland, Greenland, and Southern Whale Fisheries.

    "Whereas, as well by immemorial Usage as by the Provisions of former Laws, the Right and Privilege of drying Fish on the Island of Newfoundland do not belong to any of his Majesty's Subjects arriving there, except from Great Britain, or one of his Majesty's Dominions in Europe; for preventing Frauds, and thereby better securing to his Majesty's said Subjects of Great Britain, and of the other British Dominions in Europe, the full Advantages of the Fishery carried on from thence, and of drying Fish on the Shores of the Island of Newfoundland," be it declared and 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 no Fish, taken or caught by any of his Majesty's Subjects, or other Persons, arriving at Newfoundland, or its Dependencies, or on the Banks of the said Island, except from Great Britain, or one of the British Dominions in Europe, shall be permitted to be landed or dried on the said Island of Newfoundland, always excepting the Rights granted by Treaty to the Subjects of his most Christian Majesty on that Part of the Island of Newfoundland beginning at Cape Saint John, passing to the North and descending by the western Coast of the said Island to the Place called Cape Raye.

[1927lab]


 

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