The log-book must be produced to the captains of his Majesty's ships of war with Sect. 11. which they may chance to fall in, and also to the British consul at any foreign port.

Sect. 12.
Sect. 13.

Provision was made, that ships owned by the king's subjects residing in Ireland, and fitting out from thence, should, on complying with the conditions of this act, be entitled to these bounties. Permission was given to ensure the bounties in order that when ships were lost the owners might have some indemnity. Harpooners, Sect. 17. line-managers, and boat-steerers, are secured from pressing. The extent of the Sect. 18. fishery is defined to fifty-nine degrees thirty minutes north, and no farther. The commissioners of the customs are annually to lay before parliament an account of the Sect. 19. ships employed.

It appearing not necessary to keep ships in the Greenland seas so long, it was enacted by stat 29. Geo. 3. c. 53. that they should have the bounty although they left those seas before the 10th August, and were not laden with the quantity of whale-fins and of oil and blubber required by stat. 26. Geo. 3. c. 41. s. 4. provided they did not depart from thence till the expiration of sixteen weeks from the time of sailing from the port from whence they cleared out. A penalty of 501. is by the same act imposed on masters who wilfully dismiss their apprentices before the expiration of the time Sect. 5,6,7. for which they were indentured. By an act of the last session, these bounties were continued for one year longer; and by another of this session, they are continued for six years; during the first three at twenty-five shillings; during the second three years at twenty shillings per ton.

Sect. 2.

The South
Whale
Fishery.

Sect. 2.

Sect. 3.

Sect. 4.

See the decisions on these acts in 6. East. Rep. 238. 9. East. Rep. 44. 1. Taunt. 241. These statutes are subsequently continued by different acts from year to year, and ultimately by 50. Geo. 3. c. 11. until the 25th of March, A. D. 1815.

The next is the Southern Whale Fishery. Premiums are granted by 26, Geo. 3. c. 50. of this session, for ten years, to twenty ships employed in that fishery; they are to appear by their register to be British-built, and they are to be fitted and cleared out from Great-Britain or Ireland, Gurnsey, Jersey, or Man, and wholly owned by the king's subjects usually residing there.

With regard to fifteen of these ships clearing out between the 1st May and the 1st September, and sailing to the southward of seven degrees of north latitude, and there carrying on the fishery and returning before the 1st July in the subsequent year to Great-Britain, there is to be paid 500l. to the three which shall first arrive with the greatest quantity of oil, or head-matter, being not less than twenty tons in each ship, the produce of whales or other creatures living in the sea, taken and killed by the crews of such ships respectively; 4001. to the three that shall first arrive with the next greatest quantity; 300l. to the three that shall first arrive with the next greatest quan, tity; 2001. to the three that shall first arrive with the next greatest quantity; and 1001. in like manner to the next three.

With regard to the remaining five, they are to proceed to the southward of the thirty-sixth degree south latitude, and there carry on the fishery, and return in not less than eighteen months, nor more than twenty-eight months, from the 1st of May in the year in which they clear out; and there is to be paid 7001. to the first which shall arrive with the greatest quantity of oil or head-matter in manner before mentioned; 6001. to the next; and 5001. 4001. and 3001. to the others in order respectively.

The ships are to be navigated by a master and three-fourths of the mariners being the king's subjects usually residing in Great-Britain, Ireland, Guernsey, Jersey, or Man; or if the ship clears out from Great-Britain, then it may be navigated by persons being protestants, and who, not being subjects of his Majesty, have been heretofore em

ployed in carrying on this fishery; and who shall first make oath, if it is their first voyage from Great-Britain, that they have already established, or intend to establish, themselves and families in Great-Britain, as subjects thereof; and if it is their second voyage, that they actually have so established themselves.

Sect, 5.

Various regulations are contained in this act for attaining the object designed and preventing frauds. Each ship is to have on board, for every fifty ton, an apprentice indentured for three years. A log-book is to be regularly kept and produced to the Sect. 8. collector of the customs at the return home, and verified on oath; and is likewise to be produced to the captain of any of his Majesty's ships with which they may happen to fall in. The master, mate, and two of the mariners, are to make oath, that the oil Sect. 7, s. and head-matter are the produce of their own fishing. A penalty of 5001. is incurred Sect. 9. if the cargo is made up from the fishing of any other crew. If oil or head-matter is Sect. 10. mixed with water to increase the quantity, the whole is forfeited and the premium Seet, 21. lost. The quantities are to be ascertained by an officer of the customs.

Sect. 22.

Any produce of the fishing in the going out or returning home, although not taken within the prescribed latitudes, may be reckoned towards the requisite quantity. Sect, II. If a ship makes two voyages within any of the periods, she is to have only one premium. Harpooners, line-managers, and boat-steerers, are privileged from being im Sect. 20. pressed.

As these voyages would carry ships within the limits of the charters granted to the East-India and South-Sea Companies, some special provision was necessary to qualify them to make this incroachment. It was accordingly enacted, that they might go to the eastward of the Cape of Good Hope, and to the westward of Cape Horn, or through the Streights of Magellan, in order to carry on the Southern whale fishery, provided those sailing to the eastward of the Cape of Good Hope did not pass to the northward of thirty degrees south latitude, nor make more than fifteen degrees east longitude from the Cape of Good Hope; and those passing to the westward of Cape Horn, or through the Streights of Magellan, did not pass to the northward of the equi noctial line, nor make more than fifteen degrees west longitude from Cape Horn.

Sect. 25.

Sect. 14,15,

Such ships were also to take a licence from the East-India Company; but the Company were not obliged to grant it to more than ten ships in one year, if it was for passing to the eastward of the Cape of Good Hope; and this, under certain conditions calculated to guard against illicit trade. Those who exceeded these limits were liable Sect. 16. to the penalty attending the infringement of the Company's trade. When ships return Sect. 17. from a voyage to the eastward of the Cape of Good Hope; they must bring a certificate from the officer of the port, testifying there are no goods on board the produce of those places, but only oil, head-matter, or bone of whales or fish, otherwise they will not be entitled to the premium. Those sailing within the limits of the South-Sea Sect. 18. Company's charter, as described by stat. 9. Ann. c. 21. are to have a licence from that Company.

Lastly, temptations were held out to invite foreigners to come and settle here, and carry on the Southern whale fishery from this country.

Sect. 19.

Sect. 24.26,

Some amendments were made in this act by stat. 28. Geo. 3. c. 20. As to the fifteen 27, 28. ships, they are now to sail between the 1st Jan. and 1st. Nov. and to return to some port in Great Britain on or before 1st Sept. in the following year. As to the remaining five ships, they are to sail between the same periods of 1st Jan. and 1st Nov. and to return on or before 1st Dec. in the following year. The following additional pre- Sect. 1. miums are granted for the same period as the former: they are for three ships clearing out, as in the former act, between 1st Jan. and 1st of Nov. and which shall double Cape Horn or pass through the Streights of Magellan into the South-Scas, and there carry on the fishery for four months to the westward of Cape Horn; namely, to such

Sect. 2.

Sect. 3.

Sect. 4.

Sect. 5.

Sect. 6.

ship which shall return to some port in Great Britain on or before the 1st Dec. in the second year after clearing out, but not in less than eighteen months, and with the greatest quantity of oil or head-matter, not being less in the whole than thirty tons, there should be paid 8001.; to the next 7001.; to the next 6001.

Again, ships sailing to the eastward of the Cape of Good Hope, may pass as far as the equator northward, and as far as fifty-one degrees longitude east from London, and no farther; and those passing to the west of Cape Horn, or through the Streights of Magellan, may pass as far as the equator northward, and as far as one hundred and eighty degrees longitude west from London, and no farther. Such ships are to have licences from the East-India and South-Sea Companies; and the East-India Company are not obliged to grant any licence to sail within the limits of their trade round the Cape of Good Hope, until the owners have given bond in the penalty of 2000l. for such ship not taking on board goods the produce or manufacture of the East-Indies, or other places between the Cape of Good Hope and the Streights of Magellan, to the value of 1001. except such as are necessary for their voyage. Doing any thing in breach of this and the former act, shall disable a ship from being entitled to any licence in future. Power was given to the governor of St. Helena, the commanders of the Company's ships, or agents thereto authorised by the Company, to search licensed ships for East-India goods.

Ships doubling the Cape of Good Hope, or Cape Horn, or passing through the Streights of Magellan, and not being less than two hundred tons burthen, may be armed for resistance and defence, on a licence being obtained from the Admiralty; which licence is to be granted on exhibiting a certificate from the commissioners of the customs, testifying that such ship is entered out for such voyage, and that the owner has entered into bond in a penalty of 2000l. with condition that such arms shall Sect. 7, 8. be used only for resistance and defence in cases of involuntary hostility.

Sect. 10.

No ship is to have more than one of the additional premiums, although she make two voyages within one of the periods.

Lastly, there was held out to foreigners a similar temptation to come and settle Sect. 14,15, here for the purpose of carrying on this fishery.

16, 17, 18.

An amendment was made in stat. 28. Geo. 3. c. 20. by stat. 29. Geo. 3. c. 53. it being thought sufficient, if, instead of eighteen months, such three ships were kept out Sect. 3. only sixteen months. Again, it was declared, that ships need not clear out specially for the latitudes mentioned in stat. 26. and stat. 28. If any master permitted his apprentice to quit his service before the expiration of three years, he is to forfeit fifty pounds. In all these fishery-acts there is provision made for importing the produce thereof duty free.

Sect. 4.

Sect. 5.

The British
Fisheries.

Sect. 1.

See the decisions on these acts in 6. Term. Rep. 224. 4. Esp. Rep. 182. These acts were repealed and other provisions introduced and continued by 35. Geo. 3. c. 92. 37. Geo. 3. c. 121. 38. Geo. 3. c. 57. 42. Geo. 3. c. 18. 45. Geo. 3. c. 96. 48. Geo. 3. c. 124.

The last act made respecting the fisheries, in 26. Geo. 3. is ch. 81. for the encouragement of the British fisheries. By stat. 25. Geo. 3. c. 65. the bounty given by the former acts of 11. Geo. 3. and 19. Geo. 3. was extended to vessels and busses above eighty tons burthen; and the regulations in those acts compelling the busses to rendezvous at certain times and places were repealed. This act extends the bounty, upon certain conditions, even to those under twenty tons. But the old bounties now exThe Her- piring, it was enacted by stat. 26. Geo. 3. c. 81. that from 1 June 1787, for the term of seven years, and from thence to the end of the then next session of parliament, a bounty of twenty shillings per ton should be paid annually to the owner of every decked vessel built in Great Britain after 1 Jan. 1780, of not less than fifteen tons

Sect. 2.
Sect. 3.

ring Fish

ery.

burthen, manned and navigated according to law, which shall be fitted and cleared out for and employed in the British white herring fishery.

The manner in which these vessels are to be equipped, and proceed in their voyage, with the manner of making up their cargo, compose a very long detail not necessary to be here repeated.

, Sect. 1, 2.

The act gives likewise several other bounties; namely, four shillings per barrel for herrings packed and completely cured, and landed from any buss intitled to the. twenty shillings bounty per ton; or if a greater proportion than two barrels and a half to a ton is so landed, then one shilling per barrel. Also a bounty of one shilling Sect. 8, 9. per barrel for all such herrings landed from boats not intitled to the twenty shillings Sect. 11. bounty.

See the decisions in 3. Aust. 926. The 26. Geo. 3. c. 81. was amended and extended by 27 Geo. 3. c. 11. and has been since continued by various acts. See 30 Geo. s.

c. 54.

Sea, or

It gives also additional encouragement to the Deep Sea Fishery on the north and The Deep north-east coasts of this kingdom; namely, for the greatest quantity of herrings Home caught by the crew of a buss intitled to the above bounties of twenty shillings per ton, Fisheries. and four shillings and one shilling per barrel, and brought in by such buss between 1 June and 31 Nov. the premium of eighty guineas; for the next greatest quantity, sixty; the next, forty; and the next, twenty guineas.

Sect. 14.

All duties in respect of herrings, cod, ling, hake, and salmon, or other white fish caught and cured by British subjects, and removed for home consumption, were to cease, excepting the equalizing duties paid on the importation from Scotland into England of salmon, cod, ling, hake, tusk, and other white fish. The distinction with Sect. 15. regard to the bounty made by stat. 5 Geo. 1. c. 18. between that called haberdine and other dried cod, was taken away, and instead of the five shillings bounty there is to be paid in all cases that of three shillings per hundred weight.

Sect. 16.

A bounty of one shilling per barrel is given to the inhabitants of the Isle of Man for herrings caught and cured by them; and also on the export thereof, the bounties allowed by stat. 5 Geo. 1. c. 18.; and the duty on the import of herrings from the Isle sect. 33, of Man was from thenceforth to cease.

Lastly, in order better to protect the British fishery, it was endeavoured to give further sanction to stat. 1 Geo. 1. c. 18. and stat. 9 Geo. 2. c. 33. for prohibiting the importation of foreign-caught fish. To facilitate the prosecution of offenders against those acts, power is given to two justices, upon the information of an officer suspecting such fish being brought into the port of London, to summon the parties and proceed to hear the complaint, and convict in a summary way upon their non-appearance.

34.

Sect. 35.

Sect. 43,

Some alterations were made in this act in the subsequent session of parliament. By 44, &c. stat. 27 Geo. 3. c. 10. the bounty, which by the former act was confined to busses built before 1 Jan. 1780, is extended to those built after that period. Some trifling Sect. 1, 2. alterations were also made as to the cargoes of vessels; and the bounty of twenty sect. 3,4. shillings per ton is not to be allowed to more than fifty vessels fitting out in one year from the same port.

Such are the regulations of this long act for promoting and protecting the fisheries on our coasts; to which we have only to add, that by stat. 25 Geo. 3. c. 58. an additional bounty was given on the export of pilchards for that season only, which was continued, with other additional bounties, by stat. 26 Geo. 3. c. 45. to 24 June 1786, which makes the whole of the parliamentary provisions passed at this time for increasing and extending the British fisheries.

The 26 Geo. 3. c. 45. relating to the pilchard fishery, is continued and amended by

Sect. 5.

Sect. 32.

SUMMARY.

$1 Geo. 3. c. 45. 37 Geo. 3. c. 94. 38 Geo. 3. c. 89. 39 Geo. 3. c. 65. 41 Geo. 3. c. 21. and 45 Geo. 3. c. 102.

Bounties on fish cured and exported from British fisheries are regulated 38 Geo. 3. c. 89. 41 Geo. 3. c. 21. 42 Geo. 3. c. 3. 43 Geo. 8. c. 29. 44 Geo. 3. c. 35.

and 48 Geo. 3. c. 110.

Bounties upon curing and exporting mackarel are provided for by 35 Geo. 3. c. 54. and 36 Geo. 3. c. 77.

The British society for extending fisheries, was incorporated by stat. 26 Geo. 3. c. 106; and further regulated by 39 Geo. 3. c. 100.

Bounties for fish brought into the London market, are regulated by 41 Geo. 3. c. 99. Nothing remains to add but the following provision in the Consolidation Act, stat. 27 Geo. 3. c. 13. which enacts, that fresh fish of every kind or sort whatever, caught or taken in any part of the ocean by the crews of any ships or vessels built in Great Britain, Ireland, the islands of Jersey, Guernsey, or Man, or in any of the colonies, plantations, islands, or territories, which now belong, or at the time of building such vessels did belong, or which may hereafter belong to, or be in possession of his Majesty, his heirs or successors, and wholly belonging to and owned by his Majesty's subjects usually residing in Great Britain, Ireland, or the islands of Jersey, Guernsey, or Man, and navigated and registered according to law, may be imported into Great Britain in ships so built, owned, and navigated without payment of any duty of customs whatever.

The sum and result of all these various laws regarding the fisheries, seem to be this. The following advantages are obtained by permanent laws: namely, By stat. 10 and 11 Will. 3. c. 24. stat. 1 Geo. 1. st. 2. c. 18. enforced by stat. 9 Geo. 2. c. 33. and stat. 26 Geo. 3. c. 81. s. 43, 44. no sort of fish whatever of foreign fishing (except eels, stock-fish, anchovies, sturgeon, botargo or caveare, turbots and lobsters,) can be imported into England.

By stat. 27 Geo. 3. c. 13. s. 32. all fresh fish caught by vessels built in the King's dominions, and owned by persons usually residing in his Majesty's European dominions, may be imported free of duty; and by stat. 5 Gco. 1. c. 18. s. 6. and stat. 26 Geo. 3. c. 81. s. 16. a bounty is paid on the export of pilchards or shads, codfish, ling, or hake, whether wet or dried, salmon, white herrings, red herrings, and dried red sprats, being of British fishing and curing.

The following advantages are obtained by temporary laws; namely, By stat. 26 Geo. 3. c. 81. and stat. 27 Geo. 3. c. 10. a tonnage bounty and various other bounties are given on the fish caught in the British fisheries on the coast. By stat. 26 Geo. 3. c. 45. a bounty on the export of pilchards. By stat. 26 Geo. 3. c. 26. a bounty on the fish taken in the Newfoundland fishery. By stat. 26 Geo. 3. c. 41. a tonnage bounty on ships employed in the Greenland fishery. By stat. 26 Geo. 3. c. 50. premiums on the arrival of ships from the Southern whale-fishery. The seal-skins, oil, head-matter, blubber, and whale-fins, taken in the Newfoundland, Greenland, or Southern whalefisheries, are importable without payment of any duty.

OWNERS OF SHIPS, &c.

SINCE the former editions of this work, a most excellent treatise on the law relative to Ships and Ship Owners, has been published by Mr. Abbott, which comprehends the