29 GEO, III. Cap. 53

An act for further encouraging and regulating the Newfoundland, Greenland, and fouthern whale fisheries.

WHEREAS, as well by immemorial

ufage as by the provifions of former laws, the right and privilege of drying fish on the island of Newfoundland do not belong to any of his Majefty's fubjects arriving there, except from Great Britain, or one of his Majesty's dominions in Europe; for preventing frauds, and thereby better fecuring to his Majefty's faid fubjects of Great Britain, and of the other British dominions in Europe, the full advantages of the fifhery carried on from thence, and of drying fish on the fhores of the island of Newfoundland, be it declared and enacted by the King's most excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, That no fish, taken or caught by any of his Majefty's fubjects, or other perfons, arriv. ing at Newfoundland or its dependencies, or on the banks of the faid ifland, except from Great Britain, or one of the British dominions in Europe, fhall be permitted to be landed or dried on the said ifland of

Newfoundland,

Preamble.

No fifh, unless caught by fubBritain, or of minions in the British doEurope, to be landed ordried land, the right

jects of Great

at Newfound

as ceded to the French excepted.

Newfoundland, always excepting the rights granted by treaty to the fubjects of his moft Chriftian Majefty on that part of the island of Newfoundland beginning at Cape Saint John, paffing to the north and defcending by the western coaft of the faid ifland to the place called Cape Raye.

2. And whereas it is thought expedient that the owners of fhips employed in the Greenland fishery fhould be allowed to receive the bounty granted by an act, paffed in the twenty-fixth year of his prefent Majefty's reign, intituled, An act for the further. 41, re- fupport and encouragement of the fisheries

25 Geo. III,

man.

cited.

carried on in the Greenland Seas and Davis's Streights, although fuch fhips depart from thofe feas before the tenth day of Auguft then following, and although they be not laden with the quantity of whale fins, and of oil or blubber in proportion thereto, required by the faid act, in cafe it fhall appear by the log books of fuch fhips that they have not departed from those feas till the end of fixteen weeks from the day they respectively failed from the ports. where they were furveyed and cleared out; be it therefore further enacted, That any After Jan., 1790 h ps to owner or owners of any fhip or veffel fhall' the bounties be allowed and intitled to receive the granted by the bounty granted by the faid act, for any that had fail fhip which fhall have proceeded, or fhalb proceed upon the said whale fishery from they leave the any port of Great Britain, or the islands of Griemand feas Guernsey, Jersey, or Man, after the first

be entitled to

recit d act,

by April 10,

yearly, tho'

day

freights before

fhall not be

the recited at, upon the con

ditions herein specified.

day of January one thoufand feven hun- or Davis's dred and ninety, and fhall have failed, or Aug. to folfhall fail from the port where he was fur- lowing, and veyed and cleared out, directly on her in- laden agree-. tended voyage on or before the tenth day able to the of April in each and every year, although regulations of The fhall depart from the Greenland feas or Davis's freights, or the adjacent seas, before the tenth day of August then following, and although fhe fhall not be laden, if of the burthen of three hundred tons, with thirty tons of oil, or blubber in proportion thereto, the blubber to be rated with refpect to the oil as three to two, and one ton and a half of whale fins; or if the be of greater or leffer burthen, with a quantity of oil or blubber and whale fins in like proportion to the tonnage of fuch fhip, being the produce of one or more whale or whales; caught by the crew thereof, or with the affiftance of the crew of fome other licensed fhip, in cafe it fhall appear by the log book of fuch fhip that he had continued with her crew in the faid feas, diligently endeavouring to catch whales or other creatures living in thofe feas, and did not depart from thence till the expiration of fixteen weeks from the time of her failing from the port where fhe fhall have been furveyed and cleared out; provided such fhip fhall not have touched at any other port during her voyage, and fhall have complied with all the other regulations, conditions, and restrictions, impofed by the faid act.

28 Geo: III,

cap. 20, recited, and

after paffing

this act the three fhips

bounties

ed on doubling

they fhall not

return in lefs than 16.

months, and

3. And whereas by an act paffed in the twenty-eighth year of his prefent Majesty's reign, intituled, An act for amending an act, made in the twenty-fixth year of his entitled to the prefent Majefty's reign, for the encouragement of the fouthern whale fishery, and thereby grant- for making further provifions for that Cape Horn, or purpose, the three fhips or veffels, which paffing are intitled to the premiums therein through the Streights of granted on their doubling Cape Horn, or Magellan to paffing through the Streights of Magellan, be entitled thereto, if are required not to return in less time than eighteen months, and it is thought fufficient that fuch fhips or veffels fhould be obliged to continue out no longer than by Dec. 10, in fixteen months; be it therefore further enacted by the authority aforefaid, That the owner or owners of fuch of the faid three fhips or veffels which fhall fail after the paffing this act, fhall be intitled to the faid additional premiums, granted by the faid act of the twenty-eighth year of his present Majefty's reign, under the conditions, regulations, and restrictions, in the said act mentioned, in case such ships or veffels fhall not return in lefs time than fixteen months, from the time of her clearing out, and on or before the first day of December, in the fecond year after that in which fuch fhip or vessel shall have fitted and cleared out.

the fecond year after clearing out.

Owners of veffels com.

4. And whereas doubts have arifen whether the owner of any ship or veffel the other con- fhall be intitled to the premiums granted

plying with

ditions of the

by

to be entitled

clear out

fied.

by the faid last mentioned acts paffed in recited acts, the twenty-fixth and twenty-eighth years to the preof his prefent Majefty's reign, unless fuch miums, tho fhip or veffel fhall have cleared out fpe- they do not cially for the respective latitudes therein fpecially for fpecified; be it further declared and the latitudes therein specienacted by the authority aforefaid, That the owner or owners of any fhip or veffel fhall not be obliged to clear out specially for the refpective latitudes fpecified in the faid acts, but fhall be intitled to the premiums thereby granted, on complying with all the other conditions, regulations, and restrictions, impofed by the faid acts.

cap. 41.

5. And whereas by an act, made and 26 Geo. III, paffed in the twenty-fixth year of the reign of his present Majefty, intituled, An act for the further Support and encouragement of the fisheries carried on in the Greenland Seas and Davis's Streights, it is among other things enacted, That every ship fhall have on board apprentices indentured for the fpace of three years at the leaft, who fhall not exceed the age of eighteen years, nor be under fourteen years of age, at the time they fhall be fo indentured, in the proportion of one apprentice at the leaft for every thirtyfive tons burthen, and one fresh or green man for every fifty tons burthen, which apprentices and fresh or green men shall be accounted' in the number of men required to be on board fuch fhip as aforefaid: And whereas by another act, made

and