alteration therein, or substitute other, and what Orders and Regulations in lieu thereof, and you are to inform us of such alterations by One of Our Principal Secretaries of State, that Laws, if necessary may be proposed and enacted for the purpose.

    17.—You shall Yearly and every Year transmit to us, by one of Our Principal Secretaries of State an exact Account of the number of British Fishing Ships and Sack Ships, and Ships and Vessels from Our Colonies in America that Arrive in the Islands under your Government.—The Burthen of the said Ships and the number of their Men, the number of the Passengers transported by the Fishing Ships.
    The number of Boats employed by the British Fishing Ships, by the Ships from Our Colonies in America, by the Bye Boat keepers and by the Inhabitants.
    The number of the Bye Boat Keepers and their Servants.
    The Quantity of Fish and Train Oil made by British Fishing Ships, by the Ships from our Colonies in America, by the Boat Keepers and by the Inhabitants.
    The Value of Seal Oil and of Furs taken by the Inhabitants last Winter.
    The number of Stages and Train Fats belonging to the Fishery.
    The Total Quantity of Fish carried to Foreign Markets.
    The prices the said Fish and Oil are sold at, both in Barter for Goods and for good Bills payable here.
    The number of Public and Private Houses.
    The number of Inhabitants and how many have been born and died there, since the Departure of the last Years Convoy, which you are to send by the first Conveyance that offers according to the usual Form hereunto annexed.

    18.—And whereas it is of great importance to the prosperity and extension of the Fishery, That the Fish catched by Our Subjects should be properly cured, and fitted for Sale at the Foreign Markets in all Seasons of the Year, You are therefore to Command the Admirals of the Harbours strictly to enjoin the Masters of the Fishing Ships, the Bye Boat Keepers and Inhabitants to take the greatest Care in Curing their Fish with good Salt and with a proper and sufficient Quantity, and in preparing, husbanding and ordering the same, that the Credit thereof may be maintained and augmented, and that it may* well received and esteemed in the several Places to which it is carried for Sale.
    And as the said Admirals are obliged to have a Watchful Eye upon such as are negligent herein, so they are to return to you the Names of those who will not comply with this admonition.
    And further you are upon this Occasion very particularly to enquire into their manner and method of taking and curing their Fish, what Quantity of Salt they allow for the curing of every Hundred Quintals, whether they are guilty of any abuse in the ordering thereof, Whether the Fish taken at a distance from the Land by their small vessels is not prejudiced before it

is brought on Shore; Whether the Inhabitants, the fishing Ships or the Bye Boat Keepers are most to be blamed, and what methods are to be taken to prevent or rectify whatever is amiss.

    19.—And whereas the Salmon fishery carried on in several parts of Our Island of Newfoundland may prove of great advantage to Our Kingdoms, and we have reason to suppose there is at present a great Demand for Salmon properly cured in several of the Ports of Italy, You are therefore to give all due encouragement and Protection to Our Subjects concerned in the said Salmon fishery, and you are to inform yourself of the Actual state of this Fishery and how far the same may properly be extended and encouraged, And you are to report the same to us, through One of Our Principal Secretaries of State by the first Opportunity.

    20.—Whereas you are by Our Commission authorized to constitute and appoint Justices of the Peace and other necessary Officers and Ministers for the better administration of Justice and maintaining Peace and good Order in Our said Island of Newfoundland, You are therefore upon your Arrival in the said Island to enquire what Justices of the Peace are now in Actual Commission and do execute the same in the respective Towns in Newfoundland particularly at Placentia and the other out Ports, how and in what manner such Justices of the Peace behave in the Execution of that Power, whether Our Subjects in that Island have duly submitted thereto, and what, if any, obstructions have been given to the execution of that Authority and to return your observations thereupon with what you think may be further done for keeping the Peace and quiet of the said Island and of the Inhabitants residing therein, to us by One of Our Principal Secretaries of State.

    21.—And whereas notwithstanding all the precautions that may be taken for preserving the Peace in Newfoundland, Disputes may arise between the Fishing Admirals and Our Justices of the Peace in the said Island, and that Our said Justices of the Peace may be guilty of great Irregularities to the oppression of Our good Subjects, You are in that Case to supersede any Justice of the Peace, who shall appear to you to have acted unwarrantably in the Execution of his Office; And you are strictly to prohibit those who are or shall be appointed Justices from interfering in any degree with the Fishing Admirals in such matters relating to the Fishery as are reserved for their Jurisdiction by the Act "for encouraging the Trade to Newfoundland" taking care at the same time that the said Fishing Admirals do their Duty also, according to the intention of the said Act; And it is Our Will and Pleasure that you should be very particular in attending to this Our Instruction, And that you do report to us, by One of Our Principal Secretaries of State any proceeding of yours in consequence thereof.

22 23 24 25

same as

25 26 27 29

to Vice Admiral John Campbell, ante   p. 540.

    26.—Whereas We did in the fifteenth Year of Our Reign grant to John Agnew of *Streuchan in the County of Wigton in North Britain Esquire and his Associates, certain Mines, at Shoal Bay, on the East Coast of Our said Island of Newfoundland, supposed to contain Copper Ore, One tenth part of which *are by the special Condition of Our said Grant is thereby reserved to us, Our Heirs and Successors, We do therefore hereby direct and empower you Our Governor or Our Commander in Chief for the time being of Our said Island of Newfoundland, to take and receive one tenth part of such Metals Ore and Minerals as now are, or hereafter shall be raised or extracted from the said Mines, and them to pay and make over to such Person or Persons as the Commissioners of Our Treasury shall think proper to appoint for that purpose.

    27.—And whereas by the Articles of the Treaty of Peace, concluded at Versailles on the day of*        between us and His Most Christian Majesty, it was stipulated, that We should preserve in full right the Island of Newfoundland and the adjacent Islands, in the same manner as the whole was ceded to Great Britain by the 13^th Article of the Treaty of Utrecht, with the exceptions of the Islands of S^t Pierre and. Miquelon, which by the*        Article of the said Treaty of Versailles, We agreed to cede in full right to His Most Christian Majesty, and the right of Fishing preserved to His Most Christian Majesty by the said Treaty of Utrecht, being now allowed to Commence at Cape Saint John on the East Coast of Newfoundland, And going round by the North and down the Western Coast of the said Island of Newfoundland to be bounded by Cape Raye. It is Our Will and Pleasure, that upon every Occasion you do take particular Care that the Subjects of His Most Christian Majesty have full and ample enjoyment of the Fishery within the limits and Boundaries assigned to them as aforesaid, as they have a right to enjoy the same, under the said Treaty of Utrecht; And for this purpose, you are to give the most positive Orders and Injunctions, to all Officers and others under your Command, that they do not in their several Stations, and as far as depends on each of them respectively, permit or allow that any Obstructions or Interruptions, be upon any pretence, given to the Subjects of His Most Christian Majesty in the enjoyment of the said Fishery, as it is allowed to them by the Treaties beforementioned within. the limits above described, but that they do give them all reasonable Countenance therein, you are nevertheless to take due care that no Subject of His Most Christian Majesty be permitted to reside or remain in any part whatever of the said Island of Newfoundland, after the Fishing Season is over, and during the Winter; and also that Our Subjects be not allowed to take charge of, preserve or prepare any Boat, Stage, Flake, or Erection whatever for the purpose of the Fishery, on account, or for the use of any Subject of His Most Christian Majesty for the ensuing Fishing Season.—And we do further especially direct, that you do not allow any of the Subjects of His Most Christian Majesty to cutt down and carry off any Wood, or Timber from Our said Island of Newfoundland, and Islands adjacent, for any purpose whatever, unless Our Will and Pleasure therein, shall in that respect be duly signified to you, allowing them however to cut any Wood necessary for the

repair upon the spot of their Scaffolds, Huts, and Fishing Vessels. And if it shall happen that any of Our Subjects shall in any wise act Contrary to the true intent and meaning of the Stipulations made by the Treaty of Versailles, or the Treaty of Utrecht aforesaid, and the Subjects of His Most Christian Majesty shall in that respect have just cause of Complaint, You are immediately to remove the same by granting them due redress, and exercising the Authority vested in you by Our Commission, and these Our Instructions, or by any Act of Parliament in force for that purpose, You are nevertheless to take due Care that no Subject or Officer of His Most Christian Majesty do exercise any Act of Authority upon Our Island of Newfoundland, or the adjacent Islands, or the Coasts thereof in derogation to Our Sovereignty over the same, but that in every Case of just Complaint on their parts, they do apply to you or Our Officers in Command under you for redress.

    28.—And in order effectually to prevent any disputes from arising between Our Subjects and those of His Most Christian Majesty carrying on the Fisheries on the Coasts of the Island of Newfoundland; It is Our Will and Pleasure, that you do prevent as far as possible any of Our Subjects from fishing within the limits herein before described and within which the Subjects of His Most Christian Majesty are now allowed to carry on the Fishery.

    29.—And whereas by the Definitive Treaty of Peace between us and the United States of America concluded at Paris the 3^d of September 1783. The Provinces of New Hampshire, Massachusets Bay, Rhode Island & Providence Plantations, Connecticut, New York, New Jersey, Pensylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia were declared by us to be free and independent States, And by the Third Article of the said Treaty "The People of the United States were allowed to continue to enjoy unmolested the right to take Fish of every kind on the grand Bank and on all the other Banks of Newfoundland, also in the Gulph of Saint Lawrence and at all other places in the Sea, where the Inhabitants of both Countries used at any time theretofore to Fish, and also that the Inhabitants of the said United States should have liberty to take Fish of every kind on such part of the Coast of Newfoundland as British Fishermen should use (but not to dry or cure the same on that Island) and also on the Coasts, Bays and Creeks of all other of Our Dominions in America, and that the American Fishermen should have Liberty to dry and cure Fish in any of the unsettled Bays, Harbours and Creeks of Nova Scotia, Magdalen Islands and Labrador, so long as the same should remain unsettled, but so soon as the same or either of them should be settled, it should be* not be lawful for the said Fishermen to dry or cure Fish at such Settlement without a previous agreement for that purpose with the Inhabitants Proprietors or Possessors of the Ground." It is Our Will and Pleasure that you do take due care that the People of the United States of America shall fully and amply enjoy every right of Fishing, drying and curing of Fish allowed them

by the said Third Article of the Treaty above recited, not allowing them however to dry and cure their Fish on Our Island of Newfoundland, or in any Bay, Harbour or Creek of any other part of your Government which is settled, And you are on every occasion to exact and require a full and specific Performance of the said Treaty on their parts within the limits of your Government.

    30^th.—And you are upon all Occasions to send unto us by One of Our Principal Secretaries of State a particular Account of all your proceedings and of the Condition of Affairs of the Islands under your Government, and the Trade and Fishery thereof, and of the Banks, Seas, and parts adjacent.

[1927lab]