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No. 216.

REGULATIONS FOR YE FISHERY ON THE COAST OF LABRADOR, ANTICOSTI, MADELAINES AND WHALE FISHERY IN GULF ST. LAWRENCE.

PRIVY COL. RECORDS 1/52.

BY HIS EXCELLENCY HUGH PALLISER GOVERNOR AND COMMANDER IN CHIEF IN AND OVER THE ISLAND OF NEWFOUNDLAND ETC.

    Rules, Orders and Regulations observed on the Coast of Labradore, and on the Islands of Anticosti and the Madelaines.

    WHEREAS the property of all the land on the said Coast of Labradore and the Islands of Anticosti and the Madelaines is in the Crown, and since the conquest thereof no part of it has been lawfully given or granted away and no power being vested in me to give or grant any exclusive possessions or privileges to any person whatever, and Whereas it has ever been the policy of the nation to give to His Majesty's subjects from Britain in preference to all others every encouragement to carry on the fisheries.

    In order to invite Adventurers into that extensive Field for Fishing and Trade, I hereby order and direct that ye whole shall be publick and free to all the King's British subjects in preference to all others till His Majesty's further pleasure shall be known, under the following Regulations subject to such alterations and additions as may hereafter be found necessary for extending and improving that valuable branch of Trade:

    1. All the Rules and Regulations ordained by that excellent Act of the 10th and 11th of William III, intitled An Act for the Encouragement of the Trade and Fisheries to Newfoundland shall be strictly observed on ye Coasts and Islands abovementioned, except that Proviso in the said Act which says (provided always that all such persons as since the 25th day of March 1685 have built, etc.), is not to be in force on the Coast and Islands above mentioned.

    2. All British Whale Fishers are to choose places on the shore for landing to cut up their Whales and other Oil fish and to make their Oil as they respectively arrive with Fish to land, observing that they are never to occupy or use any place that ever has or hereafter may be used by any British Cod fisher. Whale Fishers from the plantations may fish within the Gulph of St. Lawrence for Whale only, but not for cod or any other fish, and they may land on the said Coast and Islands within the Gulph and nowhere else,

p. 938

to cut up their Whales and to make their oil, and for that purpose may use any place that they find unoccupied and that never have been used by any British Fishing ships for either Whale, Cod or Seals, taking especial care that they do nothing to annoy or hinder any British Fishers whatever.

    3. Whereas complaint has been made to me that the Whale Fishers from the plantations have a practice of turning adrift ye useless part of the carcasses of Whales to the annoyance and damage of neighbouring fishers for Cod and Seal, or else leave them on ye shore which is a great nuisance. I hereby order and direct that all Whale fishers shall convey the carcasses of the whales to at least three leagues from the shore.

    4. No vessel shall be considered as a British fishing ship nor be entitled to the privileges thereof, or of being Admirals of harbors on the coast and islands above mentioned, except such as clear out from Britain the same season and carry out men to be actually employed in ye fishery and to return to Britain when the fishing season is over.

    5. If any person commits murther, whether of any of His Majesty's Christian or Indian subjects on the Coasts or Islands above mentioned, or any other criminal crime, all His Majesty's subjects are hereby required and authorized to apprehend such offenders and carry them before the Commanders of any of His Majesty's Ships, or before the Admiral of any Harbor, and Oath being made before them of the fact, the Captain of any of His Majesty's ships are hereby ordered and directed to secure them, and when they join me to bring such offenders with them in order to the being tried at the general Assizes.

Given under my hand, 8th April, 1765.          
HUGH PALLISER.  
By Command of His Excellency,
      JOHN HORSNAILL.


Endorsed:
Newfoundland.

Letter from Hugh Palliser, Esq., Governor of Newfoundland,
      to the Board dated 30th October, 1765, relative to the
      trade and fisheries of his government.

Received November 30th, 1765.
Read March 4th, 1766.

[1927lab]

 

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