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make particular enquiry into this Complaint, and suggest to Us the best means, that occur to you, for preventing the said Evil for the future.

    79. Whereas in the Answers returned to the like Queries by some former Commodores, some of the Columns in the Scheme of the Fishery have been returned Blank; In case you find it necessary to do so likewise, you are then to mention in such Column, whether the Numbers, Prices, and Quantities belonging thereto, are included in any other Column; and in which Column they are so included or whether there was no fishing this year in those Harbours; or that there was fishing, but that you had not obtained any account thereof: And if there be any fishing in any other River or Harbour in Newfoundland or the other Islands & Coasts under your Government not in the Scheme mentioned, you are to add a Column or Columns for the Same, and insert therein the best account you can get with your remarks on such, as you think imperfect or doubtful in any of the particulars.

    80. And Whereas the Answers to the several Heads of enquiry contained in the Instructions to former Governors of Newfoundland, and the Returns made of the Trade and Fishery thereof, according to the usual form hereunto annexed; have frequently been very defective and inaccurate; you are hereby strictly commanded to be very exact in your Enquiry and Examination into every particular, to which these Our Instructions have reference; to endeavour to collect the Materials, from which your Answers are to be formed, from the best Authorities, and to enjoin the Admirals or other proper Officers in those Harbours, to which your personal Inspecting cannot extend, to be as accurate as may be in the Returns, which they shall make to you, that those Returns be properly attested and signed by them; and that the number of Ships, be particularly expressed. And you are likewise to transmit to Us, by by[sic] one of Our principal Secretaries of State all such other Information, with respect to the Fishery, as may enable Us to judge of the true and precise State of it in every particular, and of what may be further necessary for extending and improving so valuable a Branch of the Commerce of these Kingdoms.

    81. Whereas We have thought fit, by Our Commission to you, to give and grant unto you full Power & Authority to constitute and appoint Judges, and, in cases requisite, Commissioners of Oyer & Terminer, for the hearing & determining of all Criminal Causes; Treason excepted, Justices of the Peace, and other Officers and Ministers for the Administration of Justice, with Power also to pardon Offenders, and to remit all Offences, Fines, & Forfeitures, wilful Murther only excepted, in which Case you have likewise Power, on extraordinary Occassions, to grant Reprieves; It is Our express Will and Pleasure, that you do not appoint any such Commissioners of Oyer and Terminer to meet or hold Assizes more than once a year, and that only

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during the time you, or the Governor for the time being shall be resident there; And that you do not suffer any of the Officers of Our Ships of War, or of any of the trading Ships of Our Subjects, which shall happen to be there, to be deprived of Life or Limb by any Sentence of such Court; but in such Case, you shall reprieve the Criminal, until Our Pleasure be known therein. And you shall take especial Care, that all Persons guilty of Treason be sent over to this Kingdom, with Witnesses, and sufficient Proof of the Crime, along with them, And it is also Our express Will and Pleasure, that you do, with your Answer to the foregoing Enquiries, return also a full Account of what you shall have done in pursuance of this Power of appointing Judges; what Proceedings have been had before the said Judges; what Obstructions or Difficulties you or they have met with (if any) in putting the said Power in execution; and which way you conceive We may contribute to render it more useful and beneficial to all Our Subjects residing in, or resorting to the Islands under your Government.

[1927lab]



 

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