Imágenes de páginas
PDF
EPUB

No.CXXIII. such ship or vessel would have been subject or liable to if this Act had 5 Geo. IV. not been made; any thing herein-before contained to the contrary notwithstanding. c. 51.

Penalty on Persons throwing out Ballast, &c., to the prejudice

of the Harbours.

Preventing Annoyances in hauling Nets.

No Person shall take Fish out of

the Net of
́. another.
Agreements to

be made with
Seamen or
Fishermen for
Wages.

Employers not to advance more than Three fourths of Wages during Time of Service; and

the Balance at the Expiration of Agreement.

Penalty.

Limitation of
Actions.

V. And for preserving the harbours of the said colony of Newfoundland and its dependencies from all annoyances, be it further enacted, That no ballast stones or any thing else hurtful or injurious to any of the harbours there, shall be thrown out of any ship vessel or boat, 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; and if any person or persons shall throw out of any ship vessel or boat, or otherwise, any ballast stones or other thing hurtful or injurious to any of the harbours of the said colony or its dependencies, or shall wantonly or maliciously do or procure to be done any other matter or thing whereby any of the said harbours shall or may be damaged or impaired, the persons or person so offending shall incur and become liable to the payment of any fine, not less than forty shillings, nor more than fifty pounds sterling, British money, or to imprisonment for any time not exceeding one calendar month, or both, at the discretion of the court before which any such offenders or offender may be convicted.

VI. And be it further enacted, That no person or persons whatsoever shall cast anchor or do any other matter or thing to the annoyance or hindering of the drawing or hauling of nets or seans in the customary baiting places in Newfoundland, or the dependencies thereof, or shoot his or their net or sean within or upon the net or sean of any other person or persons whatever; and also that no person or persons whatsoever shall steal purloin or take any fish or bait out of the net or sean of any other person or persons whatsoever, lying adrift or drover for bait by night.

VII. And be it enacted, That no person or persons whatsoever shall employ or cause to be employed at Newfoundland, or any of the depelidencies thereof for the purpose of carrying on the fishery there, any seamen or fishermen going as passengers, or any seamen or fishermen hired there, without first entering into an agreement or contract with every such seaman or fisherman, declaring what wages or shares such seaman or fisherman is to have, and the time for which he shall serve, and in what manner such wages or shares are to be paid or allowed; and every such agreement or contract shall be made in writing, and shall be signed by all the parties thereto.

VIII. And be it further enacted, That no hirer or employer of any such seaman or fisherman shall pay or advance, or cause to be paid or advanced to such seaman or fisherman in money or goods, during the time he shall be in the service of such hirer or employer, more than to the amount of three-fourths of the wages or shares which by the said contract or agreement shall be agreed to be paid or allowed to such seaman or fisherman; but such hirer or employer shall and is hereby required and directed immediately at or upon the expiration of every such seaman or fisherman's covenanted time of service, to pay either in money or goods (according as may be agreed upon as aforesaid in such contract or agreement in writing,) to every such scaman or fisherman, the full balance of one-fourth part of his stipulated wages or shares aforesaid; and it shall not be lawful for any such hirer or employer to turn away or discharge any such seaman or fisherman, except for wilful neglect of duty or other sufficient cause, before the expiration of his stipulated time of service; and in case the hirer or employer of any such scaman or fisherman shall refuse or neglect to comply with any of the terms herein-before mentioned, or shall otherwise offend against this Act, every such person so offending shall forfeit for every such offence any sum not less than five pounds, nor more than fifty pounds sterling money, to the use of such person or persons as shall inform or sue for the same, to be recovered in the supreme court of Newfoundland, or by bill plaint or information in any of His Majesty's Courts of Record at Westminster: Provided always, that every such suit or prosecution, if the same be commenced in Newfoundland,

shall be commenced within one year; and if commenced in any of His No.CXXIII Majesty's Courts of Record at Westminster, within two years from the 5 Geo. IV.

time of the commission of such offence.

IX. And be it further enacted, That in all cases where disputes shall arise concerning the wages of any such seaman or fisherman, the hiter or employer shall be obliged to produce the contract or agreement in writing herein-before directed to be entered into with every such seaman or fisherman, and also to give a copy thereof to every such seaman or fisherman, if so required.

X. And be it further enacted, That all the fish and oil which shall be taken and made by the person or persons who shall hire or employ such seaman or fisherman, shall be subject and liable in the first place to the payment of the wages or shares of every such seaman or fisherman, and of the demands of such person or persons as shall bona fide supply bait to such seaman or fisherman for the use and benefit of the hirer or employer of such seaman or fisherman.

c. 51.

Agreements to
be produced by
Hirer in case
of Dispute con-
cerning Wages.
Fish and Oil
subject in the

first place to
Payment of
Wages.

XI. And be it further enacted, That in case any such seaman or fisher- Penalty on Perman shall at any time wilfully absent himself from his duty or employ sons absenting without the leave and consent of his hirer or employer, or shall wilfully themselves from neglect or refuse to work, according to the true intent and meaning of Duty. his said contract or agreement, such seaman or fisherman shall for every day he shall so absent himself, or neglect or refuse to work as aforesaid, forfeit any number of days' pay or shares not exceeding thirty to such hirer or employer; and if any such seaman or fisherman shall willfully absent himself from his said duty or employment for the space of fourteen days without such leave as aforesaid, he shall be deemed a deserter, and shall forfeit to such hirer or employer all such wages as shall at the time of such desertion be due to him; and it shall and may be lawful for any Justice or Justices of the Peace of Newfoundland, or the dependencies thereof, to issue his or their warrant or warrants to apprehend every such deserter, and on the oath of one or more credible witness or witnesses, to commit him to prison, there to remain until the next Court of Sessions; and if found guilty of the said offence at such Court of Sessions, it shall and may be lawful to and for the said Court of Sessions to order such deserter to be imprisoned for any time not exceeding three calendar months, and afterwards to be put on board a passage ship, in order to his being conveyed back to the country whereto he belongs, in case such deserter be not a native of or settled within the said colony.

XII. And be it further enacted, That it shall and may be lawful for His Majesty, his heirs and successors, by advice of his or their council, from time to time to give such orders and instructions to the Governor of Newfoundland, or to any officer or officers on that station, as he or they shall deem proper and necessary to fulfil the purposes of any treaty or treaties now in force between His Majesty and any foreign state or power; and in case it shall be necessary to that end, to give orders and instructions to the governor or other officer or officers aforesaid, to remove or cause to be removed any stages, flakes, train-fats, or other works whatever, for the purpose of carrying on the fishery, erected by His Majesty's subjects on that part of the coast of Newfoundland which lies between Cape Saint John passing to the north, and descending to the western coast of the said island to the place called Cape Raye, and also all ships vessels and boats belonging to His Majesty's subjects which shall be found within the limits aforesaid; and also, in case of refusal to depart from within the limits aforesaid, to compel any of His Majesty's subjects to depart from thence; any law custom or usage to the contrary notwithstanding. XIII. And be it further enacted, That if any person or persons shall refuse, upon requisition made by the Governor, or any officer or officers acting under him in pursuance of his Majesty's orders or instructions as aforesaid, to depart from within the limits aforesaid, or otherwise to conform to such requisitions and directions as such governor or other officer as aforesaid shall make or give for the purposes aforesaid, every such person or persons so refusing or otherwise offending against the

Instructions may be given to Governor of Newfoundland for Purposes of fulfilling Treaties, &c., with Foreign States.

Penalty on Persons neglecting to comply with such Instructions, 507,

[blocks in formation]

same, shall forfeit the sum of fifty pounds sterling money: Provided always, that every such suit or prosecution, if the same be commenced in Newfoundland, shall be commenced within one year; and if commenced in any of His Majesty's Courts of Record at Westminster, within two years from the time of the commission of such offence.

XIV. And whereas by an Act passed in the fifty-first year of the reign of His said Majesty King George the Third, the Governor of the island of Newfoundland is empowered to dispose of certain places in the harbour of Saint John in the said island, called "fishing ships' rooms," as therein particularly described: And whereas it is expedient that all other fishing ships' rooms in Newfoundland should be disposed of in like manner; be it further enacted, That the Governor of Newfoundland for the time being shall have power, and he is hereby authorized to sell lease or dispose of all such places within the said island of Newfoundland, commonly called "ships' rooms," as may not be already disposed of under and by virtue of the said last-mentioned Act, to be held in the same manner as other property in Newfoundland; provided however, that nothing herein contained shall extend or be construed to the prejudice of any private right of any person whatever.

XV. And be it further enacted, That it shall and may be lawful for His Majesty, his heirs and successors, to grant to any persons or person any waste and unoccupied lands situate and being within the said colony, and which have not hitherto been granted by His Majesty, or any of His Royal Predecessors, to any persons or person; any thing in any Charter granted by any of His Majesty's royal predecessors, or in any Act of Parliament, to the contrary contained in anywise notwithstanding.

XVI. And be it further enacted, That all penalties hereby imposed shall and may be sued for and recovered in any of His Majesty's Courts of Record in the said colony of Newfoundland, or its dependencies, and shall go and be applied, one half to the benefit of any person who may sue or inform for the same, and the other half to His Majesty, for and towards the support of the Government of the said colony..

XVII. And be it further enacted, That this Acf shall continue and be in force for five years, and from thence until the end of the then next Session of Parliament.

[No. CXXIV. ] 5 Geo. IV. c. 64.-An Act to amend the several Acts for the Encouragement and Improvement of the British and Irish Fisheries.-[17th June, 1824.] WHEREAS it is expedient that the bounties and allowances payable in

respect of vessels fitted out and employed in the British and Irish fisheries, and also in respect of herrings or other fish taken and cured in such fisheries, should cease, and that certain other bounties should be granted upon herrings and other fish: 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 fifth day of July one thousand eight hundred and twenty-five, the several bounties and allowances hereafter mentioned and specified shall cease and determine; that is to say, the bounty of four shillings granted by an Act made in the fifty-fifth year of the reign of His late Majesty King George the Third for continuing and amending several Acts felating to the British white herring fishery, for every barrel of herrings caught, landed, cured, and packed as by the said Act is directed; and also the bounty of four shillings granted by an Act made in the Parliament holden in the first and second years of the reign of His present Majesty, for repealing certain bounties granted for the encouragement of the deep sea British white herring fishery, and for making further regulations relating to the said fishery, for every barrel of herrings caught in the fisheries of the Isle of Man or other British fisheries, in vessels or boats fitted out from the said isle,

c. 64. 1 G. 4. c. 103.

landed there, and cured and packed as is directed by the said Act; and No.CXXIV, also the several specific bounties and allowances granted and made payable 5 Geo. IV. under and by virtue of an Act made in the first year of the reign of His present Majesty, intituled An Act for the further encouragement and improvement of the British Fisheries; and also such of the several specific bounties and allowances granted and made payable under and by virtue of an Act -made in the fifty-ninth year of the reign of His late Majesty King George the Third, intituled An Act for the Encouragement and Improvement of the Fisheries, as shall be in force at the time of the passing of this Act; and also the several bounties and allowances granted and made payable under or by virtue of an Act made in the first year of the reign of His present Majesty, for amending the said Act of the fifty-ninth year of His late Majesty's reign; and all such specific bounties and allowances payable under the said recited Acts, or any of them, shall be and are hereby repealed accordingly, from and after the said fifth day of July, one thousand eight hundred and twenty-five.

II. And be it further enacted, That from and after the said fifth day of July one thousand eight hundred and twenty-five, and until the fifth day of July one thousand eight hundred and twenty-nine, the several and respective bounties herein-after mentioned shall be paid and allowed; that is to say, for every barrel of herrings which shall be caught, landed, cured, and packed, according to the directions of an Act made in the forty-eighth year of the reign of His late Majesty King George the Third, for the further encouragement and better regulation of the British white herring fishery, or of the said Act made in the fifty-fifth year of the reign of His said late Majesty, or of any other Act or Acts in force relating to the British herring fishery; and also for every barrel of herrings caught in vessels or boats fitted out from the Isle of Man, landed there, and cured and packed according to the directions of the before-recited Act of the first and second years of Ilis present Majesty's reign; and also for every barrel of herrings caught, landed, cured, and packed according to the directions of the said recited Acts of the fifty-ninth year of His late Majesty's reign, and of the first year of the reign of His present Majesty, for the encouragement and improvement of the Irish fisheries, a bounty of four shillings in the year ending on the fifth day of July one thousand eight hundred and twenty-six; a bounty of three shillings in the year ending on the fifth day of July one thousand eight hundred and twentyseven; a bounty of two shillings in the year ending on the fifth day of July one thousand eight hundred and twenty-eight; and a bounty of one shilling in the year ending on the fifth day of July one thousand eight hundred and twenty-nine; and also that there shall be paid and allowed, until the fifth day of July one thousand eight hundred and twenty-nine, to all persons residing in Great Britain, and who shall cure and dry cod fish ling or hake, taken on the coasts of Great Britain Ireland or the Isle of Man, under the regulations and directions contained in or referred to by the herein-before recited Act of the first year of the reign of His present Majesty, for the further encouragement and improvement of the British fisheries, a bounty of four shillings for every hundred weight of such dried cod fish ling or hake; and that there shall be also paid and allowed, under the like regulations and directions, to such persons residing as aforesaid, and curing cod fish ling or hake in the pickle, a bounty of two shillings and sixpence for every barrel of such pickled cod fish ling or hake, until the fifth day of July one thousand eight hundred and twenty-nine; and that there shall also be paid and allowed to persons residing on the coasts of Ireland, and who shall cure and dry cod fish, ling, hake, haddock, glassen, or conger eel, taken on the coasts of Ireland under the regulations and directions mentioned in or referred to by the said recited Act of the fifty-ninth year of His late Majesty's reign, for the encouragement and improvement of the Irish fisheries, a bounty of four shillings for every hundred weight of such dried cod fish, ling, hake, haddock, glassen, or conger eel, until the fifth day of July one thousand eight hundred and twenty-nine; and that there shall also be paid and allowed, until the fifth day of July one thousand eight hundred and twenty-nine,

59 G. 3. c. 109. .

and

1 G. 4. c. 82.

repealed.

After July 5,

1825, to July 5, 1829, new Bounties shall be paid, viz.

45, 35., 28., and
1s., to 5th July
yearly, for

every Barrel of
Herrings caught
and cured ac
cording to Re-
gulations of
British Fish-
eries' Acts,
48 G.3.c. 110.,
55 G. 3. c. 94.,

1 & 2 G.4.c.79.

&c., and of
59 G. 3.c. 109,
1 G. 4. c. 82.

and

4s. per Cwt. on Dried Cod cured in Great Britain until July 5, 1829;

Pickled Cod

2s. 6d. per Bar-
rel under Re-
gulations of
1 G. 4. c. 103.
until July 5,
1829.

Bounties in Ire-
land 4s. per
Cwt. on Dried
Cod, &c., and
2s. 6d. on
Pickled Cod, as

in Great Bri-
tain.

Trade, Navigation,

221 (92)
No.CXXIV. a bounty of two shillings and sixpence for every barrel of Cod, ling, hake,
5 Geo. IV. haddock, glassen, or conger eel, taken on the coasts of Ireland, and cured
with pickle by persons residing in Ireland, and curing such fish according
to such rules and regulations as the Commissioners of the Irish fisheries
shall from time to time make and appoint for that purpose.

c. 64.

Tonnage Bounty to Vessels engaged in the White Fisheries 20s. per Ton, to

15s. 1827,

10s. 1828.

5s. 1829.

III. And be it further enacted, That from and after the fifth day of July one thousand eight hundred and twenty-five, and until the fifth day of July one thousand eight hundred and twenty-nine, the several and respective bounties herein-after mentioned shall be paid and allowed to the owner or owners of all such decked or half-decked vessels, or to the person or persons hiring or chartering such vessels as are described in the 5th July 1826, said Act made in the fifty-ninth year of the reign of His said late Majesty, for the further encouragement and improvement of the Irish fisheries, and in the said Act made in the first year of His present Majesty's reign, for the further encouragement and improvement of the British fisheries, and which shall be fitted out from any port in the United Kingdom of Great Britain and Ireland, for the purpose of fishing for and curing cod fish, iing, hake, haddock, glassen, or conger eel; that is to say, a bounty of twenty shillings per ton for such vessels in the year ending on the fifth day of July one thousand eight hundred and twenty-six; a bounty of fifteen shillings per ton in the year ending on the fifth day of July one thousand eight hundred and twenty-seven; a bounty of ten shillings per ton in the year ending on the fifth day of July one thousand eight hundred and twenty-eight; and a bounty of five shillings per ton in the year ending on the fifth day of July one thousand eight hundred and twenty-nine. IV. And be it further enacted, That the bounties by this Act granted this Act payable and made payable shall be paid in such manner and under such directions, and subject to such rules regulations and restrictions, in all respects, as the bounties heretofore granted under the said recited Acts respectively, or any of them, upon such herrings, cod fish, ling, hake, haddock, glassen, or conger eel, and upon or in respect of the tonnage of any such vessels as aforesaid, are by the said recited Act respectively made payable, and as if all such directions, rules, regulations, and restrictions were repeated and re-enacted in this Act, to all intents and purposes whatsoever.

Bounties under

as Bounties on Fish and Ton

nage under recited Acts.

Bounties payable in British Currency, and shall all cease on July 5, 1829. Bounties on Salmon, &c., in Great Britain under Schedule

(C.) of 43 G.3. c. 69, repealed from July 5, 1825.

Bounties on Pilchards exported from Great Bri

tain from 5th July 1825 to 1829, viz. to July

1826, 7s.
1827, .65.
1828, 4s.
1829, -2s.

V. And be it enacted, That the several bounties herein-before granted and made payable shall be paid according to the amount thereof in British currency, and shall wholly cease and determine on the fifth day of July one thousand eight hundred and twenty-nine.

VI. And be it further enacted, That from and after the fifth day of July one thousand eight hundred and twenty-five, the several permanent bounties granted allowed and made payable on salmon, full red herrings, clean shotten red herrings, and red sprats, and on pilchards and scads, by an Act made in the forty-third year of the reign of His late Majesty King George the Third, intituled An Act to repeal the Duties of Excise payable in Great Britain, and to grant other Duties in lieu thereof, and by the schedule marked (C.) to the said Act annexed, shall cease and determine; any thing in the said recited Act, or any other Act or Acts to the contrary thereof in anywise notwithstanding.

VII. And be it further enacted, That from and after the fifth day of July one thousand eight hundred and twenty-five, and until the fifth day of July one thousand eight hundred and twenty-nine, the several and respective bounties hereafter mentioned shall be paid and allowed; that is to say, for every cask or vessel of pilchards or scads containing fifty gallons, which shall be duly exported from Great Britain to foreign parts in the year ending on the fifth day of July one thousand eight hundred and twentysix, a bounty of seven shillings, and in the year ending on the fifth day of July one thousand eight hundred and twenty-seven, a bounty of six shillings, and in the year ending on the fifth day of July one thousand eight hundred and twenty-eight, a bounty of four shillings; and in the year ending on the fifth day of July one thousand eight hundred and twentynine, a bounty of two shillings; and that such bounties shall be paid in such manner and under such directions, and subject to such rules regulations and restrictions, in all respects, as the bounties on pilchards and

« AnteriorContinuar »