p. 1964                                  N



No. 799.

SURROGATE'S COMMISSION AND INSTRUCTIONS BY GOVERNOR PALLISER.


RECORD BOOK, ST. JOHN'S, NEWFOUNDLAND.   VOLUME 4, p. 114. (Seal)

By His Excellency Hugh Pallisser,
&c.           &c.               

        By Virtue of the power and authority to me given by His Majesty's Letters made Patent, bearing date at Westminster, the Ninth day of April, in the eighth 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, &c. I hereby constitute and appoint you                    to be my Deputy or Surrogate with full Power and Authority to assemble Courts within the District                     to enquire into all such complaints as may be brought before you (except such as are excepted in the Instructions annexed) and to hear and determine the same to all intents and purposes, as I myself might or would do, By Virtue of the owner 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 Posts 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 Admirals of Harbours, all Justices of the Peace, all Officers, Civil and Military, and all other His Majesty'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
                           day of Sept. 1768.
By order of His Excellency,
        J
NO. HORSNAILL.




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INSTRUCTIONS.

        You are hereby strictly enjoined not to do anything by Virtue of the within Commission, contrary or repugnant to the Act for encouraging the 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 ye King's Ships, you are to determine such cases according to the Rules and Orders ordained by the said Act, observing that all Ships are to be deem'd British Fishing Ships, and intitled to the privileges of being Admirals of Harbours, that arrive directly from Britain with Fishing Certificates and men actually employ'd in ye Fishery and that occupieth a publick Ships Room, and not one that is held & possess'd as private property.
        In such cases as may be brought before you, and that 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 the establish'd regulations, customs and usages of the Fishery, and as shall to you appear equitable and just but in all cases of dispute relating to any exclusive right to, or property in any Fishing Works, Rooms or Lands, or concerning Rents, Leases, Mortgages or Sales of such Fishing Works or places are to le referr'd to me, and all disputes concerning Merchants accounts and transactions in Trade, are to be left to be try'd by the proper Courts at St. John's or in England.
        The Inhabitant Boatkeepers Servants Wages, are always to be paid according to their Shipping Papers, and in preference to Debts and all other claims, and in case of any doubt of the Masters being able to draw good Bills for payment thereof, the Produce of the voyage must make good the Servants Wages in preference to all Debts or Demands whatever, and according to ancient Custom, the Servants of Inhabitant Boatkeepers are justified in detaining on the Room the whole Produce of the Voyage, till the ballance of their Wages shall be secured to them.
        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 tryed 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, observing that all Masters are to send their men home at the expiration of their respective times of service, for no men must be discarded in this desolate country, and none to stay but such as are



p. 1966


covenanted for the Winter ; no Debts contracted by serving Men are to be paid except to their Masters, and that by Law is not to exceed one moiety of their Wages.
        With the assistance of the Admirals, the Justices and the Naval officers, you are to fill up the Fishing Schemes herewith deliver'd 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 for their respective homes accordingly, with a Vagrant's Warrant signed by you, certifying that their passages are Paid.

        Delivered to Capt. Richd. Braithwaite of His Maj's. Ship Liverpool, within the District from Cape Ray to Cape Race inclusive 6th Sept., 1768.

        Delivered to Jno. Cartwright Esq., within the District of Trinity and Conception Bays 16th Sept., 1768.

[1927lab]


 

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