ability in the said plantations, for the value mentioned in the said bonds, and that the condition of the said bonds shall be, within eighteen months after the date thereof (the danger of the seas excepted) to produce certificate of having landed and discharged the goods therein mentioned, in one of his Majesty's said Plantations, or in England, Wales, or Berwick upon Tweed; otherwise such bond, or copies thereof, being attested under the hand and seal of the Governor or commander in chief to whom such bonds were given, shall be in force and allowed of in any port in England, Ireland, or the Plantations, as if the original were produced in court by the prose

cutor.

"XIV. And whereas several ships and vessels laden with tobacco, sugars, and other goods of the growth and product of his Majesty's Plantations in America, have been discharged in several ports of the Kingdoms of Scotland and Ireland, contrary to the laws and statutes now in being, under pretence that the said ships and vessels were being driven in thither by stress of weather, or for want of provisions and other disabilities could not proceed on their voyage:" for remedy whereof be it enacted by the authority aforesaid, that from and after the first day of December one thousand six hundred and ninety-six it shall not be lawful, on any pretence whatsoever, to put on shore in the said kingdoms of Scotland or Ireland, any goods or merchandize of the growth or product of any of his Majesty's Plantations aforesaid, unless the same have been first landed in the Kingdom of England, Dominion of Wales, or town of Berwick upon Tweed, and paid the rates and duties wherewith they are chargeable by law under the penalty of the forfeiture of the ship and goods; three fourths without composition to his Majesty, his heirs and successors, and the other fourth to him or them that shall sue for the

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same.

XV. Provided nevertheless, That if any ship or vessel laden as aforesaid, shall by stress of weather be stranded, or by reason of leakiness, or other disability, shall be driven into any port or place within the kingdom of Ireland, and shall not be able to proceed on her voyage; then and in such case only the said goods and merchandizes may be permitted to be put on shore, but shall be delivered into the custody and possession of the collector or chief officer of the Customs of such port or place where the said ship shall be so stranded or driven into, there to remain until the said goods and merchandize shall, at the charge of the owner thereof, be put on board some other ship or vessel, in order to be transported and carried to some other port or place within the said Kingdom of England, Dominion of Wales, or town of Berwick upon Tweed, the said officer first stating good and sufficient security for the delivery of the same, according to the true intent and meaning of this Act.

XVI. And be it further enacted by the authority aforesaid, That all persons and their assignees, claiming any right or propriety in any islands or tracts of land upon the continent of America, by Charter or Letter Patents, shall not at any time hereafter alien, sell or dispose of any of the said Islands, tracts of land or properties, other than the natural-born subjects of England, Ireland, Dominion of Wales, and town of Berwick upon Tweed, without the Licence and consent of His Majesty, his heirs and successors, signified by his or their order in Council, first had and obtained; and all governors

nominated and appointed by any such persons or proprietors, who shall be intitled to make such nomination, shall be allowed and apapproved of by His Majesty, his heirs and successors, as aforesaid, and shall take the oaths injoined by this and any other Act to be taken by the Governors or Commanders in Chief in other His Majesty's Colonies and Plantations, before their entering upon their respective governments, under the like penalty, as His Majesty's Governors and Commanders in Chief are by the said Acts liable to.

XVII. And for a more effectual prevention of frauds which may be used to elude the intention of this Act, by colouring foreign ships under English names; be it further enacted by the authority aforesaid, That from and after the five and twentieth day of March, which shall be in the year of our Lord one thousand six hundred ninety-eight, no ship or vessel whatsoever shall be deemed or pass as a ship of the built of England, Ireland, Wales, Berwick, Guernsey, Jersey, or any of His Majesty's plantations in America, so as to be qualified to trade to, from or in any of the said plantations, until the person or persons claiming property in such ship or vessel shall register the same as followeth, that is to say, If the ship at the time of such Register doth belong to any port of England, Ireland, Wales, or to the town of Berwick upon Tweed, then proof shall be made upon oath of one or more of the owners of such ship or vessel, before the Collector and Controller of His Majesty's Customs in such port; or if at the time of such register the ship belong to any of His Majesty's Plantations in America, or to the islands of Guernsey or Jersey, then the like proof to be made before the Governor, together with the principal officer of His Majesty's Revenue residing on such plantation or island, which oath the said Governors and Officers of the Customs respectively are hereby authorized to administer in the tenor following, viz.

of, &c. are at present Owners thereof; and that no foreigner, directly or indirectly, hath any share, or part, or interest therein.

XVIII. Which oath, being attested by the Governor, or Custom Officer respectively, who administered the same, under their hands and seals, shall after having been registered by them, be delivered to the Master of the ship for the security of her navigation, a duplicate of which register shall be immediately transmitted to the Commissioners of His Majesty's Customs in the Port of London, in order to be entered in a general register, to be there kept for this purpose, with penalty upon any ship or vessel trading to, from or in any of His Majesty's Plantations in America, after the said five and twentieth day of March, and not having made proof of her built and property, as is here directed, that she shall be liable, and she is hereby made liable, to such prosecution and forfeiture as any foreign ship (except prizes condemned in the High Court of Admiralty) would for trading with these plantations by this law be liable to.

XIX. Provided always, That all such ships as have been or shall be taken at sea by Letters of Mart or reprizal, and condemnation thereof made in the High Court of Admiralty of England as lawful prize, shall be specially registered, mentioning the capture and con

demnation instead of the time and place of building, with proof also upon oath, that the entire property is English, before any such prize shall be allowed the privilege of an English-built ship, according to the meaning of this Act.

XX. Provided also, That nothing in this Act shall be construed to require the registering any fisher boats, hoys, lighters, barges, or any open boats or other vessels (though of English or plantation built) whose navigation is confined to the rivers or coasts of the same plantation or place where they trade respectively, but only of such of them as cross the seas to or from any of the lands, islands, places or territories, in this Act before recited, or from one plantation to another.

XXI. And be it further enacted by the Authority aforesaid, That no ship's name registered shall be afterwards changed, without registering such ship de novo, which is hereby required to be done upon any transfer of property to another port, and delivering up the former certificate to be cancelled, under the same penalties, and in the like method, as is herein before directed; and that in case there by any alteration of property in the same port, by the sale of one or more shares in any ship after registering thereof, such sale shall always be acknowledged by Indorsement on the certificate of the register before two witnesses, in order to prove that the entire property in such ship remains to some of the subjects of England, if any dispute arises concerning the same.

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No. 7.-1699: British Statute 10 & 11 Wm. 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 employing 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 traffic, and art of merchandise 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 woods and trees there for building and making or repairing of stages, ship-rooms, trainvats, 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 hath 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 abovementioned.

II. 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 anything 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 annoy

ance.

III. 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 any wise injuring the stage or stages of any other person or persons whatsoever.

IV. 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 fishermen 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 beach 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 of 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 beach or flakes, as he shall have necessary use for, without keeping or detaining any more beach 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 choose 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 choose to abide in for the fishing season, to the end that such after-comer or after-comers may likewise choose 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 526 the several harbours they fish in, according to the number of

boats which each of the said ships shall keep.

"V. 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, beaches, 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, beach, 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 public use of the fishing ships arriving there, all and every the said stages, cook-rooms, beaches and other places for taking bait and fishing, and for the drying, curing and husbanding of fish.

VI. And for the preventing the ingrossing and detaining of all such stages, cook-rooms, beaches 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 of Newfoundland, or any other person or persons whatsoever, shall, at any time after the said twentyfifth day of March, seize, take up or possess any of the stages, cookrooms, beaches 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, beaches and other places for taking bait and fishing, and for drying, curing and husbanding of fish.