THE NEWFOUNDLAND FISHERY.

The 10 and 11 Wm. III. c. 25. laid the foundation of the laws for regulating the Newfoundland fishery; but that has been repealed.

The next act was the 15 Geo. III. c. 31. of which the fourth section is now alone in force, the 2, 7, 12, 13, 14, 17, and 18. having been repealed by the 5 Geo. IV. c. 51. and so much as remained unrepealed and related to the Customs was repealed by the 6 Geo. IV. c. 105. § 143.

15 Geo. III. c. 31.

Sect. 4.-" And in order to obviate any doubts that have arisen, or may arise, to whom the privilege or right of drying fish on the shores of Newfoundland, does, or shall belong, under the before-mentioned act, (10 and 11 Wm. III.) which right or privilege has hitherto only been enjoyed by his Majesty's subjects of Great Britain, and the other British dominions in Europe;" be it enacted, &c. that the said right and privilege shall not be held and enjoyed by any of his Majesty's subjects arriving at Newfoundland from any other country except from Great Britain, or one of the British dominions in Europe.

26 Geo. III. c. 26.

An Act to amend and render more effectual the several Laws now in force for encouraging the Fisheries carried on at Newfoundland and parts adjacent, from Great Britain, Ireland, and the British Dominions in Europe; and for granting Bounties, for a limited time, on certain terms and conditions.

[So much of this act as relates to the revenue of customs was repealed by 6 Geo. IV. c. 105. § 175. and the clauses now in force, are as follow.]

Residents at Newfoundland not to sell their boats, &c. to foreigners.— It shall not be lawful for any person residing in Newfoundland, or carrying on fishery on the banks thereof, there to sell, barter, or exchange, any ship, vessel, or boat, of what kind or description soever, or any tackle, apparel, or furniture, used, or which may be used, by any ship, vessel, or boat; or any seans, nets, or other implements or

utensils, used, or which may be used, in catching or curing fish; or any kind of bait whatsoever, used, or which may be used, in the catching of fish; or any kind of fish, oil, blubber, seal-skins, peltry, fuel, wood, or timber, to or with any person whatsoever, other than the subjects of his Majesty. § 14.

Penalty for so doing.-If any person offend against the preceding section, it shall be lawful for the governor of Newfoundland, or his surrogates, or any justice of the peace of Newfoundland, to issue his warrant to apprehend every such offender, and, on the oath of one or more credible witness or witnesses, to commit him to prison, there to remain until the next court of session; and every such person, if found guilty, shall forfeit treble the value of the articles so sold, &c.; and, in case of nonpayment of the penalty, the court may order such person to be punished and dealt with in the same manner as deserters are. § 15.

No purchases to be made of foreigners.-No person, residing or carrying on fishery in Newfoundland, or parts adjacent, or on the banks, shall there purchase, or take in exchange, or by way of barter, any goods or commodities whatsoever, from any person being a subject of any foreign state; and every such person, offending herein, shall be apprehended and committed to prison, and on conviction before the court of session, shall forfeit treble the value of such goods or commodities so purchased, &c.; and in case of nonpayment of the penalty, it shall be lawful for the court to order such person to be dealt with in the same manner as is directed with respect to deserters. § 16.

Exceptions to the preceding sections.-Provided, that nothing herein contained shall extend to prevent bread, flour, Indian corn, and live stock, from being imported into Newfoundland in certain British vessels, according to act of parliament. § 17.

Commanders in the navy may stop and examine vessels.—It shall be lawful for every officer, commanding any of his Majesty's ships at Newfoundland, to stop and detain all and every ship, vessel, or boat, of what nature or description soever, coming to, or going from the said island, and belonging to, or in the service or occupation of any of his Majesty's subjects residing in, trafficking with, or carrying on fishery in, the island of Newfoundland, parts adjacent, or on the banks, in any place within the limits of his station, and to detain, search, and examine, such ship, &c., and if, upon search or examination, it shall appear that there is reasonable ground to believe that such ship, &c., or any tackle, apparel, or furniture, used, or which may be used, by any ship, &c., or any implements or utensils, used, or which may be used, in the catching or curing of fish, or any fish, oil, blubber, seal-skins, fuel, wood, or timber, then on board of such ship, &c., were intended to be sold, bartered for, or exchanged, to the subjects of any foreign state, or shall be discovered to have been sold, bartered for, or exchanged; or if any goods whatsoever shall be found on board such ship, &c., or shall be discovered to have been on board, having been purchased or taken in barter or exchange, from the subjects of any foreign state; in every such case, he shall seize and send back such ship, vessel, or boat, to Newfoundland; and such ship, &c. shall, upon due condemnation, be forfeited and lost; and may be prosecuted, for that purpose, by the officer so seizing the same, in the vice-admiralty court of Newfoundland; one moiety of which forfeiture to be given to the said officer, and the other moiety to the governor of Newfoundland, to be applied in defraying the passages*

The clauses relating to these passages are repealed.

home of such persons as are directed to be sent back to the country to which they belong. 20.

Conducting suits at law.—§§ 21, 22. These two sections relate to the conducting of any suits at law in consequence of this act, and are therefore not of service for the guidance of a merchant, or a shipmaster.

Commencement of actions.-Every action or prosecution in consequence of this act shall be commenced within three months after the offence shall have been committed; but if the parties have quitted Newfoundland, such action or prosecution shall be commenced within three months after return to Great Britain. § 23.

Disposal of penalties. One moiety of the fines or penalties inflicted by this act, or by the acts herein recited, and to be levied upon the seamen or fishermen, (except those for neglect of duty,) and one moiety of such ships, vessels, or goods, as shall be seized, condemned, and forfeited, as before mentioned, (except where the distribution is otherwise directed by this act,) shall be given to the informer, and the other moiety to the governor of Newfoundland, to be applied in defraying the passages home of such persons as are directed to be sent back to the country to which they belong. § 24.

5 Geo. IV. c. 51.

An Act to repeal several laws relating to the Fisheries carried on upon the Banks and Shores of Newfoundland, and to make provision for the better conduct of the said Fisheries for five years, and from thence to the end of the then next session of Parliament.

Acts and parts of acts repealed.—The act 10 and 11 Wm. III. c. 25. intituled "An Act to encourage the Trade to Newfoundland;" the 15 Geo. III. c. 31. intituled "An Act for the Encouragement of the Fisheries carried on from Great Britain, Ireland, and the British dominions in Europe, and for securing the return of the Fishermen, Sailors and others employed in the said Fisheries, to the ports thereof, at the end of the Fishing Season," sections 2, 7, 12, 13, 14, 17, 18— the 26 Geo. III. c. 26, intituled "An Act to amend and render more effectual the several Laws now in force for encouraging the Fisheries carried on at Newfoundland and Parts adjacent, from Great Britain, Ireland, and the British Dominions in Europe, and for granting Bounties for a limited time, on certain Terms and Conditions," sections 5, 6, 11, 12, 13, 18, and 19,—and so much of another act, 29 Geo. III. c. 53. intituled "An Act for further encouraging and regulating the Newfoundland and Greenland and Southern Whale Fisheries," as relates to the privilege of landing and drying fish in Newfoundland, SHALL BE REPEALED. § 1.

Aliens not to fish.-No alien or stranger whatsoever snall at any time hereafter take bait, or use any sort of fishing whatsoever in Newfoundland, or the coasts, bays, or rivers thereof, or on the coast of Labrador, or in any of the islands or places within or dependent upon the government of the said colony, always excepting the rights and privileges granted by treaty to the subjects or citizens of any foreign state or power in amity with his Majesty. § 2.

* The clauses relating to these passages are repealed.

Privilege of taking, curing, and drying fish to be freely enjoyed by subjects. It shall and may be lawful for all his Majesty's subjects residing in the United Kingdom, or in any of his Majesty's colonies, to have, use, and enjoy the free trade and traffic and art of merchandise and fishery to and from Newfoundland and the coast of Labrador, and all and every the islands or places within or dependent upon the govern ment of Newfoundland, and peaceably to have, use, and enjoy the freedom of fishing and taking bait in any of the seas, rivers, lakes, creeks, harbours, or roads in or about Newfoundland or the said coast of Labrador, or any of the islands adjacent thereunto; and liberty to go on shore on any vacant or unoccupied part of Newfoundland, or the said coasts of Labrador, or any of the said islands adjacent thereunto, for curing, salting, drying, and husbanding of their fish, and for making oil; and to cut down wood and trees on any such vacant or unoccupied place, for building and making or repairing of stages, ship-rooms, train-fats, hurdles, ships, boats, and other necessaries for themselves and their servants, seamen, and fishermen, and all other things which may be useful or advantageous to their fishing trade to do, as fully and freely as at any time heretofore. § 3.

Certificates to be granted for vessels cleared out.*-Whenever any ship or vessel shall be cleared out from any port in the colony of Newfoundland, or in any other part of his Majesty's dominions, for the said fisheries, without having on board any article of traffic, (except only provisions, nets, tackle, and other things, usually employed in the said fishery, and for the carrying on of the same,) the master shall be entitled to demand from the collector, or principal officer of customs at such port, a certificate under his hand, that such vessel hath been specially cleared out for the Newfoundland fishery, for which certificate a fee of five shillings and no more shall be payable to such collector or officer, and such certificate shall be in force for the fishing season of the year, and no longer; and upon the first arrival in any port in the said colony of Newfoundland, or its dependencies, of any ship or vessel having on board any such certificate, a report thereof shall be made by the master, to the principal officer of customs, who shall forthwith make an entry of such report in the books of the custom-house, and for receiving and registering such report, a fee not exceeding five shillings shall be taken by such officer; and all ships and vessels having on board any such certificate, which hath been duly reported to some officer of customs within the colony, and being actually engaged in the said fishery, or in carrying coastwise, to be landed or put on board any other ships or vessels, any fish, oil, salt, provisions, or other necessaries, shall be exempt from all obligation to make any entry at or obtain any clearance from any custom-house at Newfoundland, upon entering the ports of the said colony or its dependencies, during the continuance of the fishing season: Provided nevertheless, that when any such ship or vessel shall finally quit the said fishery, for any country or place not being within the said colony or the dependencies thereof, such ship or vessel shall obtain the usual clearance from some port in the said colony; and previously to obtaining such clearance, the master shall deliver up the before-mentioned certificate to the principal officer of customs of such port: Provided also, that in case any such ship or vessel shall have on board, during the time the same may be engaged in the said fishery, any goods or merchandises whatsoever other than fish, seals,

* See also, and further as to LABRADOR, 6 Geo. IV. c. 114. § 17. page 636.

oil made of fish or seals, salt, provisions, or other things, being the produce of or usually employed in the said fishery, such ships or vessels shall forfeit the said fishing certificate, and shall thenceforth be subject to all the same rules, restrictions, and regulations, as such ships or vessels would have been subject to if this act had not been made. § 4.

Penalty on persons throwing out ballast.-No ballast, stones, or any thing else hurtful or injurious to any of the harbours there, shall be thrown out of any ship, vessel, or boat, or otherwise, by any person or persons, to the prejudice of any of the said harbours, but all such ballast and other things shall be carried on shore and be laid where they may do no annoyance; and if any person or persons shall throw out any ballast, stones, or other thing hurtful or injurious to any of the harbours, or shall wantonly or maliciously do or procure to be done any other matter or thing whereby any of the said harbours shall or may be damaged or impaired, the person or persons so offending shall become liable to the payment of any fine, not less than forty shillings nor more than fifty pounds sterling, British money, or to imprisonment for any time not exceeding one calendar month, or both, at the discretion of the court. § 5.

Annoyances in hauling nets.-No person or persons shall cast anchor or do any other matter to the annoyance or hindering of the hauling of nets or seans in the customary baiting places, or shoot his or their net or scan within or upon the net or sean of any other person or persons; and no person or persons shall steal, purloin, or take any fish or bait out of the net or sean of any other person or persons, lying adrift or drover for bait by night. § 6.

Agreements for wages.-No person or persons shall employ at Newfoundland, or any of the dependencies, any seamen or fishermen going as passengers, or any seamen or fishermen hired there, without first entering into an agreement or contract with every such seaman or fisherman, declaring what wages or shares such seaman or fisherman is to have, and the time for which he shall serve, and in what manner such wages or shares are to be paid or allowed; and every such agreement or contract shall be made in writing, and shall be signed by all the parties. § 7.

Employers not to advance more than three-fourths of wages during service. No hirer or employer shall pay or advance to such seaman or fisherman in money or goods, during the time he shall be in service, more than to the amount of three-fourths of the wages or shares which by the contract or agreement shall be agreed to be paid or allowed to such seaman or fisherman; but such hirer or employer shall immediately upon the expiration of every such seaman or fisherman's covenanted time of service, pay either in money or goods, (according as may be in such contract or agreement agreed upon in writing,) to every such seaman or fisherman, the full balance of one-fourth part of his stipulated wages or shares aforesaid; and it shall not be lawful for any such hirer or employer to turn away or discharge any such seaman or fisherman, except for wilful neglect of duty or other sufficient cause, before the expiration of his stipulated time of service; and in case the hirer or employer shall refuse or neglect to comply with any of the terms before mentioned, or shall otherwise offend against this act, every such person shall forfeit for every such offence not less than five pounds nor more than fifty pounds sterling, to the use of such person or persons as shall inform or sue, to be recovered in the supreme