of the British Colonies or Plantations in America, are directed to be prosecuted, sued for, or recovered, divided, paid, and applied, by two several Acts of Parliament, the one passed in the fourth Year of his present Majesty, intituled, An Act for granting certain Duties in the British Colonies and Plantations in America; for continuing, amending, and making perpetual an Act, passed in the sixth Year of the Reign of his late Majesty King George the Second, intituled, an Act for the better securing and encouraging the Trade of his Majesty's Sugar Colonies in America; for applying the Produce of such Duties, and of the Duties to arise by virtue of the said Act, towards defraying the Expenses of defending, protecting, and securing, the said Colonies and Plantations; for explaining 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 for altering and disallowing several Drawbacks on Exports from this Kingdom, and more effectually preventing the clandestine Conveyance of Goods to and from the said Colonies and Plantations, and improving and securing the Trade between the same and Great Britain; and the other, passed in the eighth Year of his present Majesty's Reign, intituled, An Act for the more easy and effectual Recovery of the Penalties and Forfeitures inflicted by the Acts of Parliament relating to the Trade or Revenues of the British Colonies and Plantations in America.

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XII. And be it further enacted by the Authority aforesaid, That if any action or suit shall be commenced against any Person or Persons, for any Thing done in pursuance of this Act of Parliaments the Defendant or Defendants in such Action or Suit may plead the General Issue, and give the said Act, and the special Matter, in Evidence, at any Trial to be had thereupon; and that the same was done in pursuance of and by the Authority of this Act: And if it shall appear so to have been done, the Jury shall find for the Defendant or Defendants; and if the Plaintiff shall be nonsuited, or discontinue his Action, after the Defendant or Defendants shall have appeared, or if Judgment shall be given upon any Verdict or Demurrer against the Plaintiff the Defendant or Defendants shall recover treble Costs, and have the like Remedy for the same as Defendants have in other Cases by Law.

No. 18.-1775: British Statute, 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 vessels 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 entitled 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 thou

sand at least by tale, that he had made two trips at least, and 544 that all the fish on both trips were catched on the banks of New

foundland; which certificate and oath the said governor and naval or other officer as aforesaid are hereby empowered 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.

II. 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 hindrance, 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.

III. 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 hereinafter 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 Gulf of Saint Lawrence, or on the coasts of Labrador, Newfoundland, or in any seas to the southward of the Greenland seas and Davis's Straits, 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 entitled thereto, or their assigns duly authorised to demand the same.

"IV. 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 years 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.

V. 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 in 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.

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VI. 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 to if this act had not been made, anything herein contained to the contrary notwithstanding.

VII. 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