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p. 702
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seem to offer the best Security against practices that would eventually operate against themselves and consequently that the most Advantageous mode of curing and assorting the Fish would on all occasions be resorted to. This article therefore, unless as matter of curiosity or information, appears in the present day to be unnecessary, particularly as the Injunctions it contains could not be forced into practice without Authority.
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caught by our subjects should be properly cured & fitted for Sale at the Foreign Markets, you are therefore to cause strict injunctions to be given to the Masters of the Fishing Ships the Bye-boat-keepers and Inhabitants to take the greatest care in curing the fish with a proper quantity of good Salt, and in preparing, husbanding and ordering the same, that the credit thereof may be maintained and augmented in the several places to which it is carried for Sale: And in Order to render the attainment of that object effectual as far as possible, It is our Will and pleasure that you shall consider and report to us for Our Royal Consideration whether any and what means can be devised for observing whether the said injunction is duly complied with and you are while on the Station to make very particular enquiries into the manner & method of taking and curing the Fish, what quantity of Salt is allowed for the curing of
every 100 Quintals, whether the parties are guilty of any abuse in the ordering thereof and whether any improvements can be made in any of the foregoing particulars, and whether the Fish taken at a distance from the land by the small Vessels is not damaged before it is brought on Shore, and whether in the sale of
the fish to those who are to carry it to the Foreign Markets experienced Cullers are employed to ascertain the good quality thereof, and whether the Sack Ships jealous of each other & struggling who shall carry their fish first to Market do not ship it before it is properly cured, whereby it suffers in the Passage, and lastly whether the Inhabitants, the Masters
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p. 703
This Fishery requires to be regulated by Local circumstances, and by Local Authority, and is highly worthy of the consideration of His Majesty's Government, and of the Legislature. Persons who have been long in possession of Salmon Brooks, and Rivers, whether by Old Grants or
otherwise, have lately been considerable Sufferers from Adventurers, who under pretence that by the Act of the 10 & 11 Will. 3rd every description of Fishery is free to them, have set their nets at the entrance of Rivers at the head of which extensive Buildings and Establishments had been made by long Possessors, whose whole prospects have thus been marred by these Casual intruders. Under these circumstances, and in the absence of all beneficial regulations for the encouragement of this valuable branch of the Fishery (which in all it's operations is essentially different from the Cod-Fishery) it has declined most considerably. And it is my opinion that nothing short of legal Authority to the Governor to make regulations and fix boundaries for the conduct of it founded on actual Surveys and practical knowledge and information according to the Local circumstances of each River, Brook, &c. is likely to restore it to it's former prosperity. If any Authority of such a nature |
of the Sack Ships or the Bye Boat Keepers are most to be blamed in whatever is amiss—and what methods would be most likely to prevent and rectify the same, the result of all which Enquiries you are not to fail to report to us on your first return to Great Britain.
8th
And whereas the Salmon fishery carried on in different parts of our Island of Newfoundland has already proved of great advantage to our United Kingdom, And we have reason to suppose the same may be considerably extended, you are therefore to give all due encouragement & protection to our Subjects concerned in the said fishery, taking care that none of the places where the Salmon are caught shall be improperly monopolized contrary to our intentions expressed in the foregoing Instructions with respect to the fisheries in general, and you are to inform yourself of the Actual State of this Fishery, and how far the same may be properly extended & improved.
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p. 704
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should be created, this Article would be so framed as to accommodate itself to it. If not, it may be considered as Unobjectionable.
Unobjectionable.
Unobjectionable.
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9th
You are further to enquire particularly into the State of the Whale fishery and of the Seal fishery carried on in the Seas within your
Government or adjacent thereunto, and whether any means can be suggested for promoting the success and extension thereof, particularly of the latter as it furnishes employment for a most useful body of men before the Cod fishery commences
10
You are to use your best endeavours to encourage a friendly intercourse with the Indians residing in our Island of Newfoundland or resorting thither, using your best endeavours to conciliate their affections so as to induce them to trade with our Subjects and in order to prevent any improper conduct towards them, You are as soon after your arrival as conveniently may be,
to cause a proclamation in our Name to be published & dispersed through our said Island of Newfoundland and Ports adjacent, strictly enjoining and requiring all our subjects to live in Amity and Kindness with the said Indians, and commanding and requiring all Officers and magistrates to maintain and support good
order and behaviour towards them, and in Case any person or persons shall murder or commit any Outrage upon any of the said Indians you and the said Magistrates are to use your utmost endeavors to Apprehend and bring to Justice such
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p. 705
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Unobjectionable.
Proclamations have been issued in the spirit of this Article and an instance occurred many years ago of
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offenders. You are also to obtain the best account you are able of the number of the said Indians, the places they usually frequent for trading, the Counties from whence they come, the nature and extent of
the trade that is or may be carried on with them, and how far the same may in your opinion be extended and improved.
Whereas we did in the 15 Year of our Reign grant to John Agnew Esq. of Shewchan in the County of Wigton, North Britain, and his Associates certain mines at Shoal Bay on the East Coast of our said Island of Newfoundland sup-posed to contained* Copper Ore, one tenth part of which said Ore 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 Commander in Chief for the time being of our said Island of Newfoundland to take and receive one tenth part of all such metals, ore & minerals as now are or hereafter shall be raised or extracted from the said Mines, and to pay and make over the same to such person or persons as the Lords Commissioners of our Treasury shall appoint for that purpose, and you are further to enquire whether there are any other mines in our said Island of Newfoundland or Islands adjacent, and whether they may be worked to advantage.
And whereas it has been represented to Us that different species of Birds frequenting the Shores of |
p. 706
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the punishment of a man for the violation of it. Proclamations of the Governors in Newfoundland are however now considered effective only where they enforce the Law, or on some very urgent occasions. Without a Legislative enactment therefore, this Article would appear to be useless.
Unobjectionable.
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Newfoundland and the adjacent Islands which afford a Supply of food and of bait, and are useful in Fogs by warning Vessels that they are near the land, are frequently destroyed for the purpose of taking their feathers, It is our Will and pleasure that you do take such measures as in your opinion will effectually prevent their being so destroyed in future.
13th
And whereas you are by our Commission authorized to constitute and appoint Justices of the Peace, and other necessary Officers and Ministers for the administration of Justice, and maintaining the peace within the different parts of your Government You are therefore upon your arrival in our said Island to enquire what Justices of the Peace are now in the Commission in order that in the new one to be issued you may nominate them or such other persons as shall appear to you to be proper for executing the Office of Justice of the Peace and you are by your Authority and influence to give all due support as well to our Chief Justice as to the said Justices of the Peace, and to all other Magistrates, and Officers in the legal discharge of their duty and you are to endeavour to prevent any disputes between our said Justices of the Peace, and all other persons in Authority in the discharge of their respective functions.
And whereas you are by your Commission authorized to appoint Com-missioners of Oyer and Terminer. It is our Will and pleasure that you shall not make any such appointment as shall interfere with the Criminal Jurisdiction belonging to
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