p. 1361 N
13th April, 1765. SURROGATE COMMISSIONS GIVEN
See page 939 infra.
AND INSTRUCTIONS. N
RECORD BOOK, ST. JOHN'S, NEWFOUNDLAND. Volume, 4, page 59.
By His Excellency Hugh Pallisser, &c., &c.
BY VIRTUE of the Power and Authority to me given by His Maj's Letters made Patent, bearing Date at Westminster the 9th day of April, in the fourth year of the Reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith; I do hereby constitute and appoint you to be my Deputy or Surrogate, with full Power and authority to assemble Courts within the District between to enquire into all such Complaints as may be brought before you (except such as are excepted in the Instructions annex'd) and to hear and determine the same to all intents and purposes as I myself might or would do By Virtue of the Power and Authority Vested in me, you have likewise power and authority to seize and detain in order to proceed to condemnation, all uncustomed, Prohibited or Run Goods that may be found within the aforesaid Limits or Ports adjacent; And I do give and grant unto you full power and authority to administer the several Oaths, to any Person or Persons you shall think fit agreeable to the several Acts of Parliament made in that behalf. And I do strictly enjoin all Adm'ls of Harbours, all Justices of the Peace, all Officers Civil and Military, and all other His Maj's Leige Subjects, to be Aiding and Assisting unto you the said and to obey and put into Execution all such Lawfull Orders as you shall give unto them, as I myself might or would do. By Virtue of the Power and Authority vested in me.
Given under my Hand and Seal this
26th day of August, 1766.
By Order of His Excellency,
You are hereby strictly enjoined not to do anything by Virtue of the within Commission, Contrary or Repugnant to the Act for Encouraging ye
Fishery and Trade of Newfoundland, Passed in the 10th & 11th years of William 3rd nor obstruct the Powers thereby given and granted to the Admirals of Harbours, but you are to the utmost of your power, to support, assist and encourage the Fishing Admirals in their respective Harbours, for carrying into execution the several good Rules and Orders ordained by the said Act, and in all cases of appeal from the Determinations of such Admirals to you, as the Commander of one of the King's Ships, you are to determine such cases according to the Rules and Orders ordained by the said Act, observing all Ships are to be deemed British Fishing Ships & intitled to the privileges of being Admirals of Harbours, that arrive directly from Britain with Fishing Certificates and Men actually employ'd in the Fishery, and that occupieth a Publick Ships Room, and not one that is held and possess'd as private property.
In such cases as are not provided for in the said Act, you are to take to your assistance the Justices of the Peace, where there are any, and determine them according to Law, Justice and Custom in like cases, and to any particular Regulations made by me for the Benefit of the Fisheries except in cases relating to any exclusive right to, or property in any Fishing Rooms of Lands, or concerning Rents, Leases, Mortgages, or Sales of such Places, all which are to be referr'd to me, and all disputes concerning Merchants Accounts and transactions in Trade, are to be left to be tryed by the proper Courts here or in England.
Servants Wages are always to be Paid according to their Shipping Papers, and in preference to all other Claims, and in case of any doubt of the Masters being able to pay them, the Produce of the Voyage must make good the Servants Wages in preference to all Debts or Demands whatever. In case any Person within your District should be charged with Murder or any other Capital Offence, you are on proper application being made to you, to apprehend such offenders, and send them to St. John's, or bring them with you when you join me, in order to their being try'd at the General Assizes.
You are to transmit to me, a copy of all the Causes that may be brought before you, with your Decrees thereon.
You are by every means in your power, to Encourage and oblige the Fishermen to return home. With the assistance of the Admirals, the Justices and the Naval Officers, you are to fill up the Fishing Schemes herewith delivered you, as exact as possible.
In case the Justices and Principal People at any Port within your district, present to you any Persons that are useless People to the Fishery, who entertain Rogues and Thieves, and live mostly by spoil and Plunder, and by entertaining the Fishermen and Seamen in Debaucheries, Idleness and Wickedness to the great detriment of the Fishery, you are to seize on so much of the effects of such people to pay for them and their Families passage home, and ship them off accordingly, with a Vagrants Warrant signed by you, certifying that their passage are paid.
Servants who have stop'd the Fish for their Wages, if it is made appear by due proof, that they did not after the time of such stopage continue to prosecute the Voyage to the utmost of their power, they are to be paid Wages only to the time that such stoppage was made, but this must be done with caution and such proof of neglect must be very full and satisfactory, for poor labouring men serving on voyages, must not be subject to discouragement, nor lyable to abatements for a bad voyage, since they are not intitled to any advanced Wages for an abundant one.