the said tonnage duty shall have been the first duly paid to the proper officer of the Customs appointed to receive the same; and in case such duty shall not be paid within thirty days from the report of any ship or vessel arriving from foreign parts, it shall and may be lawful for the Commissioners of His Majesty's Customs in England for the time being, or any four or more of them, or for the Commissioners of His Majesty's Customs in Scotland for the time being, or any three or more of them, if they shall think fit, to cause such ship or vessel, and her masts, tackle, apparel, and furniture to be detained, and afterwards sold publicly to the best bidder, and the produce thereof to be applied first to the Charges that shall arise by such detention and sale, next to the tonnage duty imposed by this Act, and the overplus to be paid to the Proprietors of such ship or vessel, or other person duly authorised by such Proprietor to receive the same; and that it shall not be lawful for the collector or other officer of the Customs at any port in Great Britain, to permit any ship or vessel to be entered outwards for foreign parts, or any Cacquet or entry to pass for any goods, wares, or merchandise to be shipped on board any such ship or vessel, unless the tonnage duty hereby imposed on such ship or vessel shall have been first duly paid. XXI. Provided always, That nothing in this Act shall extend, or be construed to extend, to charge the tonnage duty hereby imposed on any British built ship or vessel, or any ship or vessel owned by British subjects, which is not required to be registered by any Act or Acts of Parliament in force on or immediately before the passing of this Act, or on any ship or vessel whatever, which shall enter outwards or inwards in ballast only. TABLE D.-A table of tonnage duties payable on ships and vessels entering outwards or inwards (except in Ballast), in any Port of Great Britain, to or from Foreign parts. TONNAGE DUTY. For every ton burthen of every ship or vessel entering outwards or in- For every ton burthen of every ship or vessel entering outwards or in- For every ton burthen of every ship or vessel entering outwards or inwards (except in ballast), to or from any Port or place in Russia, or within the Baltic Sea__ For every ton burthen of every ship or vessel entering outwards or in- For every ton burthen of every ship or vessel entering outwards or in- Duty. £ 8. d. 006 010 01 0 01 0 030 0 2 6 010 For every ton burthen of every ship or vessel entering outwards or inwards (except in ballast), to or from the Island of Newfoundland, the Islands of Cape Breton and St. John, and the Coast of Labrador. 006 For every ton burthen of every ship or vessel entering outwards or inwards (except in ballast), to or from any Port or place in the United States of America, any British Island, Colony, or Plantation in America, or any other part of America not otherwise described 0 1 0 In all cases in which any Goods, Wares, or Merchandize, are charged in any or either of the Schedules, according to the Weight, Tale, Gauge, or Measure, the duties granted by this Act shall be estimated and charged in proportion upon any greater or less quantity than that specified. 565 No. 27.-1819, June 14: British Statute, 59 Geo. III, Cap. 38. An Act to enable His Majesty to make Regulations with respect to the taking and curing Fish on certain parts of the Coasts of Newfoundland, Labrador, and His Majesty's other Possessions in North America, according to a Convention made between His Majesty and the United States of America. [14th June 1819.] "Whereas a convention between His Majesty and the United States of America was made and signed at London, on the 20th day of October one thousand eight hundred and eighteen; and by the First article of the said convention, reciting that differences had arisen respecting the liberty claimed by the United States for the inhabitants thereof to take, dry and cure fish in certain coasts, bays, harbours and creeks of His Britannic Majesty's dominions in America, it is agreed, that the inhabitants of the said United States shall have for ever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coasts of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours and creeks from Mount Joly on the southern coasts of Labrador, to and through the Straits of Belleisle, and thence northwardly indefinitely along the coast, without prejudice however to any of the exclusive rights of the Hudson's Bay Company; and it was also by the said article of the said convention agreed, that the American fishermen should have liberty for ever to dry and cure fish in any of the unsettled bays, harbours and creeks of the southern part of the coast of Newfoundland above described, and of the coast of Labrador, but that so soon as the same, or any portion thereof, should be settled, it should not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhabitants, proprietors or possessors of the ground: And Whereas it is expedient that His Majesty should be enabled to carry into execution so much of the said convention as is above recited, and to make regulations for that purpose; " Be it therefore 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 passing of this Act, it shall and may be lawful for His Majesty, by and with the advice of His Majesty's Privy Council, by any order or orders in council, to be from time to time made for that purpose, to make such regulations, and to give such directions, orders and instructions to the governor of Newfoundland, or to any officer or officers on that station, or to any other person or persons whomsoever, as shall or may be from time to time deemed proper and necessary for the carrying into effect the purposes of the said convention, with relation to the taking, drying and curing of fish by inhabitants of the United States of America, in common with British subjects, within the limits set forth in the said article of the said convention, and hereinbefore recited; any Act or Acts of Parliament, or any law, custom or usage to the contrary in anywise notwithstanding. II. And be it further enacted, That from and after the passing of this Act it shall not be lawful for any person or persons, not being a natural born subject of His Majesty, in any foreign ship, vessel or boat, nor for any person in any ship, vessel or boat, other than such as shall be navigated according to the laws of the United Kingdom of Great Britain and Ireland, to fish for, or to take, dry or cure any fish of any kind whatever, within three marine miles of any coasts, bays, creeks or harbours whatever, in any part of His Majesty's dominions in America, not included within the limits specified and described in the First article of the said convention, and hereinbefore recited; and that if any such foreign ship, vessel or boat, or any persons on board thereof, shall be found fishing, or to have been fishing, or preparing to fish within such distance of such coasts, bays, creeks or harbours, within such parts of His Majesty's dominions in America out of the said limits as aforesaid, all such ships, vessels and boats, together with their cargoes, and all guns, ammunition, tackle, apparel, furniture and stores, shall be forfeited, and shall and may be seized, taken, sued for, prosecuted, recovered and condemned by such and the like ways, means and methods, and in the same courts, as ships, vessels or boats may be forfeited, seized, prosecuted and condemned for any offence against any laws relating to the revenue of customs, or the laws of trade and navigation, under any Act or Acts of the Parliament of Great Britain, or of the United Kingdom of Great Britain and Ireland; provided that nothing in this Act contained shall apply, or be construed to apply to the ships or subjects. of any Prince, Power or State in amity with His Majesty, who are entitled by treaty with His Majesty to any privilege of taking, drying or curing fish on the coasts, bays, creeks or harbours, or within the limits in this Act described. III. Provided always, and be it enacted, That it shall and may be lawful for any fisherman of the said United States to enter into any such bays or harbours of His Britannic Majesty's domains in America as are last mentioned, for the purpose of shelter and repairing damages therein, and of purchasing wood and of obtaining water, and for no other purpose whatever; subject nevertheless to such restrictions as may be necessary to prevent such fishermen of the said United States from taking, drying or curing fish in the said bays or harbours, or in any other manner whatever abusing the said privileges by the said treaty and this Act reserved to them, and as shall for that purpose be imposed by any order or orders to be from time to time made by His Majesty in council under the authority of this Act, and 566 by any regulations which shall be issued by the governor or person exercising the office of governor in any such parts of His Majesty's dominions in America, under or in pursuance of any such order in council as aforesaid. IV. And be it further enacted, That if any person or persons, upon requisition made by the governor of Newfoundland, or the person exercising the office of governor, or by any governor or person exercising the office of governor, in any other parts of His Majesty's dominions in America as aforesaid, or by any officer or officers acting under such governor or person exercising the office of governor, in the execution of any orders or instructions from His Majesty in council, shall refuse to depart from such bays or harbours; or if any person or persons shall refuse or neglect to conform to any regulations or directions which shall be made or given for the execution of any of the purposes of this Act; every such person so refusing or otherwise offending against this Act shall forfeit the sum of Two hundred Pounds, to be recovered in the Superior Court of Judicature of the Island of Newfoundland, or in the Superior Court of Judicature of the colony or settlement within or near to which such offence shall be committed, or by bill, plaint or information in any of His Majesty's Courts of Record at Westminster; one moiety of such penalty to belong to His Majesty, his heirs and successors, and the other moiety to such person or persons as shall sue or prosecute for the same: Provided always, that any such suit or prosecution, if the same be committed in Newfoundland, or in any other colony or settlement, shall be commenced within three calendar months; and, if commenced in any of His Majesty's courts at Westminster, within twelve calendar months from the time of the commission of such offence. No. 28.-1819, June 19: Order in Council. At the Court at Carlton House, the 19th June, 1819. Present: His Royal Highness the Prince Regent in Council. Whereas an Act was passed in the present session of Parliament, entitled "An Act to enable His Majesty to make regulations with respect to the taking and curing fish in certain parts of the coasts of Newfoundland, Labrador, and His Majesty's other possessions in North America, according to a convention made between His Majesty and the United States of America," wherein it is enacted, that "whereas a convention between His Majesty and the United States of America was made and signed at London on the 20th day of October, 1818, and by the first article of the said convention it is agreed that the inhabitants of the said United States shall have for ever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks from Mount Joly, on the southern coasts of Labrador, to and through the Straits of Belleisle, and thence northwardly indefinitely along the coast without prejudice, however, to any of the exclusive rights of the Hudson's Bay Company; and it was also by the said article of the said convention, agreed, that the American fishermen should have liberty for ever to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland above described, and of the coast of Labrador; but that so soon as the same or any portion thereof should be settled, it should not be lawful for the said fishermen to dry or cure fish at such portions so settled without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground: And whereas it is expedient that His Majesty should be enabled to carry into execution so much of the said convention as is above recited, and to make regulations for that purpose:" "it shall and may be lawful, from and after the passing of the said Act, for His Majesty, by and with the advice of His Majesty's Privy Council, by any order or orders in council to be from time to time made for that purpose, to make such regulations and to give such directions, orders, and instructions to the governor of Newfoundland, or to any officer or officers on that station, or to any other person or persons whomsoever, as shall or may be from time to time deemed proper and necessary for the carrying into effect the purposes of the said convention with relation to the taking, drying, and curing of fish by inhabitants of the United States of America in common with the British subjects, within the limits set forth in the said article of the said convention, any Act or Acts of Parliament, or any law, custom, or usage to the contrary in anywise notwithstanding." It is ordered by His Royal Highness the Prince Regent, in the name and on the behalf of His Majesty, and by and with the advice of His Majesty's Privy Council, in pursuance of the powers vested in His Majesty by the said Act, that the governor of Newfoundland do give notice to all His Majesty's subjects being in or resorting to the said ports, that they are not to interrupt in any manner the aforesaid fishery so as aforesaid allowed to be carried on by the inhabitants of the said United States in common with His Majesty's subjects on the 567 said coasts, within the limits assigned to them by the said treaty and that the governor of Newfoundland do conform himself to the said treaty, and to such instructions as he shall from time to time receive thereon in conformity to the said treaty, and to the above-recited Act, from one of His Majesty's Principal Secretaries of State, anything in His Majesty's commission under the Great Seal, constituting him governor and commander-in-chief in and over the said Island of Newfoundland in America, and of the islands and territories thereunto belonging, or in His Majesty's general instructions to the said governor, to the contrary notwithstanding; and His Royal Highness, in the name and on the behalf of His Majesty, doth hereby annul and make void each and every of the said general instructions which are or shall be deemed contrary to the intent and meaning of the said convention and of the said Act. And the Right Honourable Earl Bathurst, one of His Majesty's Principal Secretaries of State, is to take the necessary measures therein accordingly. (Signed) JAS. BULLER. |