However, no court was then established; and the court of common pleas, instituted by the governor, continued, during the year 1790, to proceed as before. The subject was taken up by the committee of trade in the year 1791; and a bill was presented to parliament, under their direction, for instituting a court of the sort they had recommended in the representation made in 1790. This bill passed into a law; and being intended as an experiment of a new judicature, it was to endure for one year only. The result of that experiment was to propose another bill in the sessions of 1792, for instituting a court somewhat different from that of the preceding bill. This also was only for a year.
It is now for the consideration of parliament finally to determine what courts are to be established in the island for the administration of justice in future.
April 1793.
APPENDIX:
CONTAINING
The STATUTES relating to
NEWFOUNDLAND.
CONTENTS.
| Stat. 10 & 11 Gul. III. Cap. 25. | p. i. |
| Stat. 15 Geo. III. Cap. 31. | xvi. |
| Stat. 26 Geo. III. Cap. 26. | liii. |
| Stat. 28 Geo. III. Cap. 35. | lxxxiv. |
| Stat. 29 Geo. III. Cap. 53. | xci. |
| Stat. 31 Geo. III. Cap. 29. | xcix. |
| Stat. 32 Geo. III. Cap. 46. | civ. |
APPENDIX.
10 & 11 Gul. III. Cap. 25.
An act to encourage the Trade to Newfoundland.
Whereas the trade of and fishing at Newfoundland is a beneficial trade to this kingdom, not only in the imploying great numbers of seamen and ships, and exporting and consuming great quantities of provisions and manufactures of this realm, whereby many tradesmen and poor artificers are kept at work, but also in bringing into this nation, by returns of the effects of the said fishery from other countries, great quantities of wine, oil, plate, iron, wool, and sundry other useful commodities, to the increase of his Majesty’s revenue, and the encouragement of trade and navigation; be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from henceforth it shall and may be lawful for all his Majesty’s subjects residing within this his realm of England, or the dominions thereunto belonging, trading or that shall trade to Newfoundland, and the seas, rivers, lakes, creeks, harbours in or about Newfoundland, or any of the islands adjoining or adjacent thereunto, to have, use, and enjoy, the free trade and traffick, and art of merchandize and fishery, to and from Newfoundland, and peaceably to have, use, and enjoy, the freedom of taking bait and fishing in any of the rivers, lakes, creeks, harbours, or roads, in or about Newfoundland, and the said seas, or any of the islands adjacent thereunto, and liberty to go on shore on any part of Newfoundland, or any of the said islands, for the curing, salting, drying, and husbanding of their fish, and for making of oil, and to cut down wood and trees there 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, as fully and freely as at any time heretofore have been used or enjoyed there by any of the subjects of his Majesty’s royal predecessors, without any hindrance, interruption, denial, or disturbance of or from any person or persons whatsoever; and that no alien or stranger whatsoever, (not residing within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed), shall at any time hereafter take any bait, or use any sort of trade or fishing whatsoever in Newfoundland, or in any of the said islands or places above-mentioned.
2. And for the preserving the said harbours from all annoyances; be it further enacted by the authority aforesaid, That from and after the twenty-fifth day of March one thousand seven hundred now next coming, no ballast, prest stones, or any thing else hurtful to or annoying any of the harbours there, shall be thrown out of any ship or otherwise, by any person or persons whatsoever to the prejudice of any of the said harbours, but that all such ballast and other things shall be carried on shore, and be laid where they may do no annoyance.
3. And be it further enacted by the authority aforesaid, That no person or persons whatsoever shall (at his departure out of the said country, or at any other time) destroy, deface, or do any detriment to any such stage or cook room, or to the flakes, spikes, nails, or any other thing whatsoever thereto belonging, as he or they shall fall into at his or their coming into the said country, but that he or they shall (during his or their stay there) content him and themselves with such stage or stages only as are needful for him or them, and shall also (at his or their departure thence) leave all such his or their stage or stages, without doing, or causing to be done, any wilful damage to any of them; and that for the repairing of such stage or stages as he or they shall so take, during his or their abode there, the same shall be done with timber fetcht out of the woods there, and not by the ruining, breaking down, demolishing, prejudicing, or anywise injuring the stage or stages of any other person or persons whatsoever.
4. And be it further enacted by the authority aforesaid, That (according to the ancient custom there used) every such fishing ship from England, Wales, or Berwick, or such fisherman as shall, from and after the said twenty-fifth day of March, first enter any harbour or creek in Newfoundland, in behalf of his ship, shall be admiral of the said harbour or creek during that fishing season, and for that time shall reserve to himself only so much beech or flakes, or both, as are needful for the number of such boats as he shall there use, with an overplus only for the use of one boat more than he needs, as a privilege for his first coming thither; and that the master of every such second fishing ship, as shall enter any such harbour or creek, shall be vice admiral of such harbour or creek during that fishing season; and that the master of every such fishing ship next coming, as shall enter any such harbour or creek, shall be rear admiral of such harbour or creek during that fishing season; and that the master of every fishing ship there shall content himself with such beech or flakes, as he shall have necessary use for, without keeping or detaining any more beech or flakes, to the prejudice of any such other ship or vessel as shall arrive there; and that such person or persons, as are possessed of several places in several harbours or creeks there, shall make his or their election of such place as he or they shall chuse to abide in; and shall also, within eight and forty hours after any after-comer or after-comers into such place or places shall demand such his or their resolution touching such his or their election (if the weather will so soon permit, or so soon after as the weather will permit) give or send his or their resolution to such after-comer or after-comers, touching such his or their election of such place as he or they shall so chuse to abide in for the fishing season, to the end that such after-comer or after-comers may likewise chuse his or their place or places of his or their abode there; and in case any difference shall arise touching the said matters, the admirals of the respective harbours where such differences shall arise, or any two of them, shall proportion the place to the several ships in the several harbours they fish in, according to the number of boats which each of the said ships shall keep.
5. And whereas several inhabitants in Newfoundland, and other persons, have, since the year of our Lord one thousand six hundred eighty-five, ingrossed and detained in their own hands, and for their own private benefit, several stages, cook-rooms, beeches, and other places in the said harbours and creeks, (which, before that time belonged to fishing ships) for taking of bait, and fishing and curing their fish, to the great prejudice of the fishing ships that arrive there in the fishing season, and sometimes to the overthrow of some of their voyages, and to the great discouragement of the traders there; be it further enacted by the authority aforesaid, That all and every such person and persons, as since the said year of our Lord one thousand six hundred eighty-five, have or hath taken, seized, or detained any such stage, cook-room, beech, or other place, for taking bait or fishing, or for the drying, curing, or husbanding of fish, shall, on or before the said twenty-fifth day of March, relinquish, quit, and leave, to the publick use of the fishing ships arriving there, all and every the said stages, cook-rooms, beeches, and other places, for taking bait and fishing, and for the dying, curing and husbanding of fish.
6. And for the preventing the ingrossing, and detaining, of all such stages, cook-rooms, beeches, and other places, by any person or persons for the time to come; be it enacted by the authority aforesaid, That no fisherman or inhabitant in Newfoundland, or any other person or persons whatsoever, shall, at any time after the said twenty-fifth day of March, seize, take up, or possess any of the stages, cook-rooms, beeches, or other places, which, at any time since the said year of our Lord one thousand six hundred eighty-five, did or at any time hereafter shall belong to any fishing ship or ships, for taking bait or fishing, or for drying, curing, or husbanding of fish, before the arrival of the fishing ships out of England, Wales, and Berwick, and until all such ships shall be provided with stages, cook-rooms, beeches, and other places, for taking bait and fishing, and for drying, curing and husbanding of fish.
7. Provided always, That all such persons as since the twenty-fifth day of March one thousand six hundred eighty-five, have built, cut out, or made, (or at any time hereafter shall build, cut out, or make), any houses, stages, cook-rooms, train-fats, or other conveniences for fishing there, that did not belong to fishing ships since the said year one thousand six hundred eighty-five, shall and may peaceably and quietly enjoy the same to his or their own use, without any disturbance of or from any person or persons whatsoever.
8. And be it further enacted by the authority aforesaid, That all and every person or persons whatsoever, that shall go over with their servants to Newfoundland, to keep boats on a fishing voyage, commonly called By-boat keepers, shall not pretend to or meddle with any house, stage, cook-room, train-fat, or other conveniency, that did belong to fishing ships, since the year one thousand six hundred eighty-five, or shall be cut out or made by ships, from and after the said twenty-fifth day of March, one thousand seven hundred.
9. And be it further enacted by the authority aforesaid, That every master of a by-boat or by-boats shall carry with him at least two fresh men in six, (viz.) one man that hath made no more than one voyage, and one man who hath never been at sea before; and that every inhabitant shall be obliged to employ two such fresh men, as the by-boat keepers are obliged for every boat kept by them; and further, that all masters of fishing ships shall carry with them, in their ship’s company, at least one such fresh man that never was at sea before, in every five men they carry; and that the master of each such by-boat, and each such fishing ship, shall make oath before the collector, or other principal officer of the customs of the port or ports from whence such ship intends to sail, that each ship and by-boat’s company have such fresh men therein as this act directs; and that the said officer or officers is and are hereby impowered and required to administer the aforesaid oath to the said masters of ships and by-boats, and give a certificate thereof under his hand, without any fee, gratuity, or reward for so doing.
10. And be it further enacted by the authority aforesaid, That every master or owner of any fishing ship going to Newfoundland (after the said twenty-fifth day of March), shall have in his ship’s company every fifth man a green-man (that is to say) not a seaman, or having been ever at sea before.
11. And be it further enacted by the authority aforesaid, That no person or persons whatsoever shall at any time, after the said twenty-fifth day of March, obliterate, expunge, cut out, deface, or any wise alter or change the mark or marks of any boat or boats, train-fat, or train-fats, belonging to any other person or persons, whereby to defraud or prejudice the right owner or owners thereof, nor convert to his or their own use any boat or boats, train-fat or train-fats, belonging to any other person or persons, without his or their consent and approbation, nor remove nor take away any such boat or train-fat from the place or places where they shall be left by the owner or owners thereof, except in case of necessity, and also upon giving notice thereof to the admiral of the harbour or place where such boat or train-fat shall be left by the owner or owners, to the end that the right owners thereof may know what is become of them.
12. And be it enacted by the authority aforesaid, That no person or persons whatsoever shall, at any time after the said twenty-fifth day of March, rind any of the trees there standing or growing upon any occasion whatsoever, nor shall by any ways or means whatsoever set on fire any of the woods of the said country, or do, or cause to be done, any damage, detriment, or destruction to the same, for any use or uses whatsoever, except only for necessary fuel for the ships and inhabitants, and for the building and necessary repairs of houses, ships, boats, and train-fats, and of the stages, cook-rooms, beeches, and other places, for taking bait and fishing, and for drying, curing, and husbanding fish there; and also that no person or persons whatsoever shall, at any time after the said twenty-fifth day of March, cast anchor, or do any other matter or thing, to the annoyance or hindring of the haling of sayns in the accustomary baiting places, or shoot his or their sayn or sayns within or upon the sayn or sayns of any other person or persons whatsoever; and also that no person or persons whatsoever shall, at any time after the said twenty-fifth day of March, steal, purloin, or take out of the net or nets of any other person or persons whatsoever, lying adrift, or drover for bait by night, nor steal, purloin, or take away any bait out of any fishing boat or boats, or any net or nets belonging to any other person or persons.
13. And whereas several persons that have been guilty of thefts, robberies, murders, and other felonies, upon the land in Newfoundland, and the islands thereunto adjacent, have many times escaped unpunished, because the trial of such offenders hath heretofore been ordered and adjudged in no other court of justice, but before the Lord High Constable and Earl Marshal of England; for reformation thereof, and for the more speedy and effectual punishment of such offences for the time to come, be it enacted by the authority aforesaid, That all robberies, murders, and felonies, and all other capital crimes whatsoever, which, at any time or times after the said twenty-fifth day of March, shall be done and committed in or upon the land in Newfoundland, or in any of the Islands thereunto belonging, shall and may be inquired of, tried, heard, determined, and adjudged in any shire or county of this kingdom of England, by virtue of the King’s commission or commissions of oyer and terminer, and gaol delivery, or any of them, according to the laws of this land used for the punishment of such robberies, murders, felonies, and other capital crimes done and committed within this realm.
14. And be it further enacted by the authority aforesaid, That the admirals of and in every port and harbour in Newfoundland, for the time being, be and are hereby authorised and required (in order to preserve peace and good government amongst the seamen and fishermen, as well in their respective harbours, as on the shore) to see the rules and orders in this present act contained, concerning the regulation of the fishery there, duly put in execution; and that each of the said admirals do yearly keep a journal of the number of all ships, boats, stages, and train-fats, and of all the seamen belonging to and imployed in each of their respective harbours, and shall also (at their return to England) deliver a true copy thereof, under their hands, to his Majesty’s most honourable Privy Council.
15. And be it further enacted by the authority aforesaid, That in case any difference or controversy shall arise in Newfoundland, or the islands thereunto adjoining, between the masters of fishing ships and the inhabitants there, or any by-boat keeper, for or concerning the right and property of fishing rooms, stages, flakes, or any other building or conveniency for fishing or curing of fish, in the several harbours or coves, the said differences, disputes, and controversies, shall be judged and determined by the fishing admirals, in the several harbours and coves; and in case any of the said masters of fishing ships, by-boat keepers, or inhabitants, shall think themselves aggrieved by such judgement or determination, and shall appeal to the commanders of any of his Majesty’s ships of war, appointed as convoys for Newfoundland, the said commander is hereby authorised and impowered to determine the same, pursuant to the regulation in this act.
16. And to the end that the inhabitants, fishermen, seamen, and all and every other person and persons residing or being at Newfoundland, or any the said islands, or other places, may with all devotion join their solemn prayers and addresses to Almighty God, for the obtaining of his blessing upon their persons and endeavours; be it hereby enacted, That all and every the inhabitants of Newfoundland, or the said islands or places adjacent near thereto, shall strictly and decently observe every Lord’s Day, commonly called Sunday, and that none of the said inhabitants (who keep any tavern, alehouse, or other publick house for entertainment) shall entertain or sell, vend, utter, or dispose of, to any fisherman, seaman, or other person whatsoever, upon any Lord’s Day or Sunday, any wine, beer, ale, cyder, strong waters, or tobacco, or any other liquor or liquors whatsoever.
17. And whereas by an act of Parliament, made in the eighth and ninth years of his Majesty’s reign, intituled, An act for granting to his Majesty a further subsidy of tunnage and poundage upon merchandizes imported, for the term of two years and three quarters, and an additional land tax for one year for carrying on the war against France; and by another act, made in the ninth and tenth years of his Majesty’s reign, intituled, An act for granting to his Majesty a further subsidy of tunnage and poundage, towards the raising a yearly sum of seven hundred thousand pounds, for the service of his Majesty’s household, and other uses therein mentioned, during his Majesty’s life, an additional duty of twelve-pence on every twenty shillings value of all goods and merchandizes imported (all manner of fish English taken excepted) is granted to his Majesty, his heirs and successors: And whereas some doubt hath arisen, whether oil, blubber, and fins, taken and imported by the company of merchants of London trading to Greenland, are not liable to the said duty; be it therefore enacted by the authority aforesaid, That all whale fins, oil, and blubber, taken and imported by the ships of the company of merchants of London trading to Greenland, were not nor are intended to be charged or made liable to the duty of twelve-pence for every twenty shillings value of goods imported, charged in the aforesaid acts, but that the whale fins, oil, and blubber, taken and imported as aforesaid, and also all whale fins, oil, and blubber of English fishing, taken in the seas of Newfoundland, or any of the seas belonging to any of his Majesty’s plantations or colonies, and imported into this kingdom by any of his Majesty’s subjects in English shipping, were, and are hereby declared to be free of the said duties, as all fish of English taking; the aforesaid acts, or any thing therein contained to the contrary in any-wise notwithstanding.
15 GEO. III. Cap. 31.
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.
Whereas the fisheries carried on by his Majesty’s subjects of Great Britain, and of the British dominions in Europe have been found to be the best nurseries for able and experienced seamen, always ready to man the royal navy when occasions require; and it is therefore of the highest national importance to give all due encouragement to the said fisheries, and to endeavour to secure the annual return of the fishermen, sailors, and others employed therein, to the ports of Great Britain, and of his Majesty’s dominions before-mentioned, at the end of every fishing season: Now, in order to promote these great and important purposes, and with a view, in the first place, to induce his Majesty’s subjects to proceed early from the ports of Great Britain to the banks of Newfoundland, and thereby to prosecute the fishery on the said banks to the greatest advantage, may it please Your Majesty that it may be enacted; and be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That, from and after the first day of January one thousand seven hundred and seventy-six, the respective bounties herein-after mentioned shall be paid and allowed annually, for eleven years, for a certain number of ships or vessels employed in the British fishery on the banks of Newfoundland, under the limitations and restrictions herein-after expressed; that is to say, such vessels shall appear by their register to be British built, and owned by his Majesty’s subjects residing in Great Britain or Ireland, or the islands of Guernsey, Jersey, or Man; and be of the burthen of fifty tons or upwards, and navigated with not less than fifteen men each, three-fourths of whom, besides the master, shall be his Majesty’s subjects; and in other respects qualified, and subject to the same rules and restrictions, as are described by an act, made in the tenth and eleventh years of the reign of the late King William the third, (intituled, An act to encourage the trade to Newfoundland); and shall be fitted and cleared out from some port in Great Britain after the said first day of January one thousand seven hundred and seventy-six, and after that day in each succeeding year, and shall proceed to the banks of Newfoundland; and having catched a cargo of fish upon those banks, consisting of not less than ten thousand fish by tale, shall land the same at one of the ports on the southern or eastern side of the island of Newfoundland, between Cape Ray and Cape de Grat, on or before the fifteenth day of July in each year; and shall make one more trip at least to the said banks, and return with another cargo of fish catched there to the same port; in which case, the twenty-five vessels first arriving at the said island of Newfoundland from the banks thereof, with a cargo of fish catched there, consisting of ten thousand fish by tale at the least, and after landing the same at one of the ports within the limits before mentioned in Newfoundland, shall proceed again to the said banks, and return to the said island with another cargo of fish, shall be intitled to forty pounds each; and one hundred vessels which shall so arrive the next in order of time, on or before the said fifteenth day of July in each year, at the said island, with a like cargo, and shall proceed again to the said banks, and return from thence in the manner herein-before mentioned, shall be intitled to twenty pounds each; and one hundred other vessels which shall so arrive the next in order of time, on or before the said fifteenth day of July in each year, at the said island, with a like cargo, and shall proceed again to the said banks, and return from thence in the manner herein-before mentioned, shall be intitled to ten pounds each, upon the master or owner of such vessel’s producing to the collector of his Majesty’s customs at the port in Great Britain from whence such vessel was cleared out a certificate, under the hand and seal of the governor of Newfoundland, that the master of such vessel had produced to him a certificate under the hands of the collector and comptroller of the customs at the port from whence such vessel was cleared out, testifying that such vessel was duly qualified to proceed on such fishery, in pursuance of the before-mentioned act, made in the tenth and eleventh years of King William the third; and that it has been made appear to his satisfaction, by a certificate under the hand and seal of the naval officer of the district in Newfoundland, where such fish was landed, or where there is no naval officer, under the hand and seal of the commander of any of his Majesty’s ships stationed there, or of such officer as the governor shall approve, specifying the time of such vessel’s arrival, in manner before directed, that such vessel was intitled by the priority and time of her arrival to one or other of the bounties therein mentioned, as the fact may be; and that the master and mate of such vessel had made oath before such naval or other officer as aforesaid, that the number of fish taken on the first trip amounted to ten thousand at least by tale, that he had made two trips at least, and that all the fish on both trips were catched on the banks of Newfoundland; which certificate and oath the said governor and naval or other officer as aforesaid are hereby impowered and required to grant and administer to the master and mate of such vessel without fee or reward; and upon delivering up the said certificate to such collector, the respective bounties therein mentioned shall be paid by such collector out of any money remaining in his hands arising by the duties of customs or other subsidies upon foreign goods imported into this kingdom; and in case such collector shall not have sufficient money in his hands to pay the said bounties, he shall certify the same to the commissioners of his Majesty’s customs in England or Scotland respectively, who are hereby authorised and required to order the same to be paid by the receiver general of the customs, out of any money in his hands arising by any of the duties and revenues under their management respectively.
2. And be it further enacted by the authority aforesaid, That for the better accommodation of the persons belonging to vessels employed in the Newfoundland fishery, it shall and may be lawful for the masters and crews belonging to any vessels fitted out and employed in that fishery in pursuance of this or any other act, to occupy and use, for the purpose of curing, salting, drying, and husbanding their fish, any vacant or void space whatever on any part of Newfoundland which is not then occupied and used for the said fishery, without any let, disturbance, or hinderance, from any person or persons whatsoever, although such unoccupied places may not before have been reputed ships rooms; and all such unoccupied places shall from henceforth be deemed and taken to be ships rooms, any custom or usage to the contrary notwithstanding.
3. And in order to induce his Majesty’s subjects in Great Britain and Ireland, and the islands of Guernsey, Jersey, and Man, to carry on the whale fishery on the coasts of Newfoundland, and the seas adjacent, be it further enacted by the authority aforesaid, That the several bounties hereafter mentioned shall be allowed annually, for eleven years, for five vessels employed in that fishery, under the limitations and restrictions herein-after expressed; that is to say, such vessels shall appear by their register to be British built, and owned by his Majesty’s subjects residing in Great Britain, Ireland, or the islands of Guernsey, Jersey, or Man, and navigated with three fourths of his Majesty’s subjects of Great Britain, Ireland, or the islands of Guernsey, Jersey, or Man, besides the master, and shall be fitted and cleared out from some port in Great Britain or Ireland, or the islands of Guernsey, Jersey, or Man, after the first day of January one thousand seven hundred and seventy-six, and after that day in each succeeding year, and shall take and kill one whale at least in the Gulph of Saint Lawrence, or on the coasts of Labrador, Newfoundland, or in any seas to the southward of the Greenland seas and Davis’s Streights, and shall return within the same year to some port in England with the oil of such whale or whales so taken as aforesaid; and on the master and mate of such vessel, and two of the mariners belonging to her, making oath before the collector and comptroller of the customs at the port of her arrival (which oath they are hereby authorised and required to administer), that such oil is the produce of one or more whale or whales taken and killed by the crew then belonging to such vessel, mentioning the time when she departed from Great Britain, Ireland, or the islands of Guernsey, Jersey, or Man, and from what port, and the time and place where such whale or whales was or were taken and killed, such oil may be landed without payment of any duty whatsoever; and the collector and comptroller of such port shall thereupon forthwith transmit such oath to the commissioners of his Majesty’s customs at London, any four or more of whom are hereby authorised and required to order the receiver general of his Majesty’s customs to pay, out of any money in his hands arising by any duties under their management, for the vessel which shall so arrive in each year with the greatest quantity of oil taken as aforesaid, five hundred pounds; for the vessel which shall in like manner arrive in the same year with the next greatest quantity of oil so taken as aforesaid, four hundred pounds; for the vessel which shall in like manner arrive in the same year with the next greatest quantity of oil so taken as aforesaid, three hundred pounds; for the vessel which shall in like manner arrive in the same year with the next greatest quantity of oil so taken as aforesaid, two hundred pounds; and for the vessel which shall so arrive in the same year with the next greatest quantity of oil so taken as aforesaid, one hundred pounds; the said oil so to be imported by each of the said vessels being the produce of one whale at the least; which said several and respective bounties shall be paid by such receiver general, within two months after the expiration of each year in which such vessel shall arrive, to the owner or owners of such vessels so intitled thereto, or their assigns duly authorised to demand the same.
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, made in the tenth and eleventh year of the reign of King William the third, 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 and declared by the authority aforesaid, 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.
5. And it is hereby further enacted by the authority aforesaid, That it shall and may be lawful for any of his Majesty’s subjects residing in Ireland to ship and lade there, and to transport directly from thence to Newfoundland, or to any part of America where the fishery is now or shall hereafter be carried on, on board any ship or vessel which may lawfully trade or fish there, any provisions, and also any hooks, lines, netting, or other tools or implements necessary for and used in the fishery by the crews of the ships or vessels carrying out the same, and the craft belonging to and employed by such ships or vessels in the said fishery, such provisions, hooks, lines, netting, or other tools or implements, being the product and manufacture of Great Britain or Ireland, and that it shall and may be lawful for any of his Majesty’s subjects residing in the Isle of Man, in like manner to export directly from thence any of the articles herein-before mentioned for the purpose aforesaid, such articles being the product or manufacture of Great Britain, or the said Isle of Man, any law, custom, or usage, to the contrary notwithstanding.
6. Provided always, and it is hereby further enacted by the authority aforesaid, That the master or other person taking charge of such ship or vessel shall produce to the proper officer of the customs in the colony or plantation where he shall arrive a certificate, under the hand and seal of the collector or other principal officer of the customs in the port where he shall have fitted out, that oath hath been made before him by the shipper of such provisions, hooks, lines, netting, or other tools and implements, that the same are of the product and manufacture of Great Britain or Ireland, or the Isle of Man respectively, as the fact may be, and that the several articles before mentioned, (except the provisions), specifying the quantities and particulars of each sort, are to be used in the fishery by the crews of the respective ship or vessel carrying out the same, and by the craft belonging to and to be employed by such ship or vessel in the said fishery, and for no other use or purpose whatsoever, (which oath and certificate such collector or other officer is hereby authorised and required to administer and grant without fee or reward); and on failure of producing such certificate, or if any such hooks, lines, netting, tools and implements, are used or disposed of for any other purpose, the same, and the ship or vessel having the same on board, shall be liable to be seized and forfeited in the same manner as they would have been subject and liable if this act had not been made, any thing herein contained to the contrary notwithstanding.
7. And it is hereby further enacted by the authority aforesaid, That, from and after the first day of January one thousand seven hundred and seventy-six, all vessels fitted and cleared out as fishing ships in pursuance of this act, or of the before-mentioned act, made in the tenth and eleventh years of the reign of the late King William the third, and which shall be actually employed in the fishery there, or any boat or craft whatsoever employed in carrying coastwise, to be landed or put on board any ships or vessels, any fish, oil, salt provisions, or other necessaries, for the use and purpose of that fishery, shall not be liable to any restraint or regulation with respect to days or hours of working, nor to make any entry at the customhouse at Newfoundland, except a report to be made by the master on his first arrival there, and at his clearing out from thence; and that a fee not exceeding two shillings and sixpence shall and may be taken by the officers of the customs at Newfoundland for each such report; and that no other fee shall be taken or demanded by any officer of the customs there, upon any other pretence whatsoever, relative to the said fishery, any law, custom, or usage, to the contrary notwithstanding.
8. Provided always, and be it enacted, That in case any such fishing ship or vessel shall at her last clearing out from the said island of Newfoundland have on board, or export any goods or merchandise whatsoever, except fish, or oil made of fish, such ship or vessel, and the goods thereon laden, shall be subject and liable to the same securities, restrictions, and regulations, in all respects, as they would have been subject and liable to if this act had not been made, any thing herein-before contained to the contrary notwithstanding.
9. And whereas by an act, made in the twenty-fifth year of the reign of King Charles the second, (intituled, An act for the encouragement of the Greenland and Eastland Trades, and for the better securing the plantation trade), and by other acts of parliament, it is lawful for any person or persons to import into England train oil or blubber of Greenland, and parts adjacent, and those seas, or of Newfoundland, or of any other his Majesty’s colonies and plantations, made of fish, or of any other creature living in the seas, and whale fins caught in any ships or vessels truly and properly belonging to England or Wales, or town of Berwick upon Tweed, and imported in such ships, without paying any custom or duty for the same, which liberty, by a subsequent act of parliament, is extended to ships belonging to Great Britain; and it is reasonable that the same indulgence should be extended to oil and blubber of fish, and other creatures living in the sea, and to whale fins caught in any part of the ocean by ships belonging to Great Britain, Ireland, and the islands of Guernsey, Jersey, and Man; be it therefore enacted by the authority aforesaid, That, from and after the first day of September one thousand seven hundred and seventy-five, the liberty granted by the said act to import into this kingdom oil or blubber of fish, or other creatures living in the sea, or whale fins taken within the limits therein mentioned, duty-free, shall extend, and be construed to extend, to such oil or blubber, or whale fins, as shall be so taken in any part of the ocean by, and imported in any ship or vessel truly and properly belonging to his Majesty’s subjects of Great Britain, Ireland, or the islands of Guernsey, Jersey, or Man, any law, custom, or usage, to the contrary notwithstanding.