VII. Provided always, That all such persons, as since the twentyfifth 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-vats, 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.

VIII. 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-vat, 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.

IX. 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 empowered and required to administer the aforesaid oath to the said masters of ships and byboats, and give a certificate thereof under his hand, without any fee, gratuity or reward for so doing.

X. 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.

XI. And be it further enacted by the authority aforesaid, That no person or persons whatsoever shall at any time, after the said twentyfifth day of March, obliterate, expunge, cut out, deface, or any wise alter or change the mark or marks of any boat or boats, train-vat or train-vats, 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-vat or train-vats, belonging to any other person or persons, without his or their consent or approbation, nor remove nor take away any such boat or train-vat 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-vat shall be left by the owner or owners, to the end that the right owners thereof may know what is become of them.

XII. 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-vats, and of the stages, cook-rooms, beaches 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 hindering of the hauling of seines in the accustomary baiting places, or shoot his or their seine or seines within or upon the 527 seine or seines 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.

"XIII. 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 enquired of, tried, heard, determined and adjudged in any shire or county of this kingdom of England, by virtue of the King's commission or commissioners 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.

XIV. 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 authorized 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-vats, and of all the seamen belonging to and employed 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.

XV. 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 judgment 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.

XVI. 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 in 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 public 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, cider, strong waters or tobacco, or any other liquor or liquors what

soever.

"XVII. 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 tonnage and poundage upon merchandises 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 tonnage 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 merchandises 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 whalefins, 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 whalefins, oil, and blubber, taken and imported as aforesaid, and also all whalefins, 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.

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No. 8.-1705: British Statute, 4 Anne, Cap. 20.

An Act for the better enabling the Master, Wardens, and Assistants of Trinity House, to rebuild the Light House on the Edystone Rock.

"Whereas in and by one Act of Parliament made in the eighth year of the reign of our late Sovereign Lady Queen Elizabeth, entituled, An Act to enable the Master, Wardens, and Assistants of Trinity House at Deptford Strond, to erect Sea Marks, &c. They the said Master, Wardens, and Assistants are impowered to erect and set up beacons, marks, and signs for the sea, needful for avoiding the dangers, and to renew, continue, and maintain the same, in such manner as in the said Act is mentioned: And whereas there now is, and time out of mind hath been, a very dangerous rock, called the Edystone, lying off of Plymouth, in the County of Devon, upon which divers ships and vessels have been cast away, and the lives and goods of many subjects of this Kingdom lost and destroyed: And whereas upon application some time since made to the said Master, Wardens, and Assistants, by great numbers of Masters and Owners of shipping, to have a Light House erected upon the said Rock, offering and agreeing, in consideration of the great charge, difficulty, and hazard of such an undertaking, to pay to the said Master, Wardens, and Assistants, one penny per ton outwards, and the like inwards, for all ships and vessels which should pass by such Light House (Coasters excepted, who shall pay twelve pence only for each voyage;) they the said Master, Wardens, and Assistants, having a due regard to the safety and preservation of the shipping and navigation of this Kingdom, did in the year of Our Lord one thousand six hundred and ninety-six, cause a Light House to be begun to be erected on the said Rock, and in three years time a Light was placed therein; and the said Light House in the term of five years was, with much hazard and difficulty, and a very great expense, fully built and completed, to the great satisfaction of the flag officers and commanders of the fleet and ships of war, and of all others concerned in trade and navigation, the same being not only useful for avoiding that dangerous Rock upon which it was built, but also a guide and direction to ships passing through the Channel from and to all parts of the world: And whereas the said Light House was preserved and kept up for several years, notwithstanding the great force and violence of the wind and sea, (to which it was exposed) until the late dreadful storm in November one thousand seven hundred and three, when the same was blown down and destroyed: And whereas it was found by experience, that the said Light House (during the standing thereof) was of public use and benefit to this Kingdom, a means to preserve Her Majesty's ships of war, and the shipping, lives, and estates of Her subjects, and was useful and beneficial to navigation; and forasmuch as the speedy rebuilding the said Light House is absolutely necessary for avoiding the dangers attending the navigation and trade of this Kingdom, and in regard the same is a work of great charge, hazard, and expense, and all due and proper encouragement ought to be given thereunto; to the end therefore that the said Master, Wardens, and Assistants, may be encouraged to new erect and build, or cause to be new erected and built, the said Light House, with all convenient speed, and constantly

to keep and maintain the same for the benefit of the navigation and trade of this Kingdom;

"Be it enacted, &c. Master, Wardens, and Assistants of Trinity House, to new erect a Light House on the Edystone Rock. Duties to be paid by all ships, &c. passing by the same, viz. All English ships which shall pass by the said Light House (except Coasters) one penny per ton outward bound, and one penny per ton inward bound, of the merchant one moiety, and of the owner the other moiety; and alien ships, two pence per ton; and every Coaster, two shillings for each Time."

No. 9.-1709: British Statute, 8 Anne, Cap. 17.

An Act for explaining and making more effectual an Act for the better enabling the Master, Wardens, and Assistants of Trinity House to rebuild the Light House on the Edystone Rock.

"Whereas in and by one Act of Parliament made in the fourth and fifth Years of the Reign of her present Majesty Queen Anne, intituled, An Act for the better enabling the Master, Wardens, and Assistants of Trinity House to rebuild the Light House on the Edystone Rock; It is enacted, That from and after the placing a Light useful for Shipping, in the Light House intended to be rebuilt on the said Rock, there shall be paid to the said Master, Wardens, and Assistants, their Successors, and Assigns, by the Masters and Owners of all English Ships, Hoys and Barques, which shall pass by the same (except Coasters) the Duty of one Penny per Ton outwards bound, and also one Penny per Ton inwards bound; that is to say, of the Merchant one Moiety, and of the Owner of the Ship, Hoy or Barque, the other Moiety; and of all such Strangers or Aliens Ships and Ves

sels as shall happen to pass by the said Light House, the sum 529 of two Pence for every Ton of the Burden of the said Ship

or Vessel; and that every Coaster passing by the said Light House shall pay the Duty of two Shillings, and no more, for every Time they shall pass by the said Light House; the said Duties to be collected by such persons as the said Master, Wardens, and Assistants, or their Successors, shall appoint, in such Port or Place whence such ship, Hoy or Barque shall set forth, or where such Ship Hoy or Barque shall arrive, before they load or unload the Goods therein; and to be recovered by Action of Debt, in any Court of Record at Westminster, wherein no Essoin, Wager of Law, or Protection shall be allowed, nor more than one Imparlance: And whereas the said Master, Wardens and Assistants, having a due Regard to the Safety and Preservation of the Shipping and Navigation of this Kingdom, did, soon after the passing of the said Act, cause the said Light House to be begun, and to be rebuilt, and by the great Care and Diligence of the Persons employed therein, the said Work was carried on with such Expedition, that a Light useful for Shipping was placed therein on the eight and twentieth Day of July one thousand seven hundred and eight; and the said Light House hath since, with much Hazard and Difficulty, and a very great Expence, been fully built and completed, to the great Satisfaction of the Flag Officers and Commanders of her Majesty's Fleet and Ships of War, and of all others concerned