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mariners, or of the same having been taken prisoners during his voyage, and that British mariners could not be engaged in such foreign port to supply their room; and that for the safe navigation of such ship or vessel it became necessary to engage and employ such foreign mariners, under the hand of his Majesty's consul at the foreign port where the said foreign mariners were so engaged, or, if there is not any such consul there, under the hands of two known British merchants at such foreign port, it shall not be lawful for any of the persons authorised by this Act to make seizures of ships or vessels navigated contrary to the directions of this Act, to stop or detain any such ship or vessel so found at sea, or to hinder her from proceeding on her voyage ; but such persons shall, and are hereby required to indorse the certificate so produced, testifying the production thereof, and when and where met with at sea, and that the number of foreign mariners correspond with the certificate of such British consul, or such known British merchants, for the consideration and investigation of the commissioners of his Majesty's customs in England and Scotland respectively.
The Statute 13 Geo. 2. c. 3. sec. 1. and 4. contains a proviso enabling the King, at all times when it shall be found necessary to declare war against any foreign power, to publish a proclamation to permit all merchant ships and other trading vessels and privateers to be manned with foreign mariners and seamen during such war, so as the number of such foreign seamen or mariners do not exceed three-fourths of the mariners at any one time employed to navigate such merchant ship, or other trading ship or vessel, or privateer, and that one-fourth, at least, of the mariners or seamen so employed, be at all times natives, or his Majesty's naturalized subjects of Great Britain ; sudden death, and the hazard and casualties of war and the seas, saved and excepted. Dog cias
And this right is reserved to the King by 33 Geo. 3. c. 68. sec. 9.
Since the union of Great Britain and Ireland, regulations similar to those which we have noticed, have been made by the legislature with respect to the navigation of Irish ships by subjects of the united kingdom.
We have seen that a vessel of which a foreigner is part-owner, is excluded in certain branches of trade from the privileges of a British ship, though it be British-built and British navigated. Wherever, therefore, a foreigner purchases a share in a vessel, the shares of the other owners, of course, became materially prejudiced. To remedy this evil, it was enacted by the 34 Geo. 3. ch. 68. sec. 20. “ That no foreigner, or other person or persons whatsoever, not being a natural-born subject of his Majesty, his heirs or successors, shall be entitled to, or purchase, or contract for, any part or parts, share or shares, of any British ship or vessel whatsoever, belonging only to natural-born subjects of his Majesty, his heirs or successors, without the consent, in writing, of the owner or owners of three-fourth parts in value, at least, of such ship or vessel, for that purpose first had and obtained, and indorsed on the certificate of the register of such ship before two witnesses; and all agreements, contracts, purchases, and sales of any part or share of any British ship or vessel, belonging only to natural-born subjects of his Majesty, his heirs or successors, made, entered into, contracted for, or concluded, by any such foreigner, or other person or persons, not being a natural-born subject or subjects of his Majesty, his heirs or successors, without such consent first had and obtained, and indorsed as aforesaid, shall be, and are hereby declared to be, absolutely null and void, to all intents and purposes whatsoever.”
It now remains only to add a few words upon the general policy of the Acts of Policy of Navigation ; various, indeed, and difficult to be digested, but concurring and com- the navigabining, throughout all their numerous and complicated ordinances, to the one great object of enlarging and strengthening the maritime power of Great Britain.Dr.
requisites were there complied with. The sanction of oaths by the master and mate is Sect. 1. required to certain facts. Provision is made for preventing the desertion of seamen, Sect.1.4.7. and the selling of boats, vessels, or tackle, for the fishery to foreigners. Powers are act. given to his Majesty's officers on that station to seize vessels.
Sect. 14.15, Again, by stat. 29. Geo. 3. c. 53. it was declared, that no fish taken or caught by Seci,20,21, any of his Majesty's subjects or other persons arriving at Newfoundland, or its dependencies, or on the banks thereof, except from Great-Britain, or one of the British dominions in Europe, should be landed or dried on that island; with a saying of the rights granted by treaty to the French king :* a provision that was occasioned by persons from the Bermuda islands having lately aimed at possessing themselves of a share in the fishery.
The stat. 26. Geo. 3. c. 26. was revived and continued by 37. Geo. 3. c. 99. 39. Geo. 3. C. 102. 39. & 40. Geo. 3. C. 45. s. 8. and 41. Geo. 3. c. 97. The 27. Geo. 3. c. 19. S. 8. & 9. provides that vessels not exceeding 30 tons, and not having fixed decks may be employed in the Newfoundland fishery. The 41. Geo. 3. c. 77. S. 1. & 2. and the 42. Geo. 3. c. 20. s. 5. 43. Geo. 3. c. 154. 5. 6. 46. Geo. 3. c. 103. 47. Geo. 3. s. ). C. 24. authorize the importation of salted salmon and cod-fish from Newfoundland, and give a bounty. Seriad The bounties granted by 26. Geo. 3. C. 41. are for five years; they are for British The Green
land Fishships, owned by British subjects usually residing in Great-Britain, Guernsey, Jersey, or Man, which proceed from those places on the whale fishery to the Greenland Seas or Davis's Streights, or to the seas adjacent, manned and navigated with a master and three-fourths at least of the mariners British subjects usually residing in Great Britain, Ireland, or Guernsey, Jersey, or Man. Such ship, after she has been visited and admeasured by the officer of the port, and it shall appear upon inspection and exami. nation upon oath of certain persons, and it shall be certified by such officer, that she is properly furnished with tackle and equipment for the whale fishery, according to the requisites of the act, and means to proceed thither, and endeavour to take whales, or other creatures living in the seas, and on no other design or view of profit in the voyage, and to import the whale-fins, oil, and blubber thereof into Great-Britain, specifying the port, and shall give bond for so doing; upon these terms such ship may have a licence from the commissioners of the customs to proceed on such voyage; and Sect. 1. upon the return of such ship, and her condition being reported by the officer of the port, and oath made by the master as to the performance of the voyage, and that all the whale-fins, oil, and blubber, imported were really and bona fide caught and taken in those seas by the crew of such ship, or with the assistance of some other ship licensed for that voyage, there is to be paid by the commissioners of the customs a bounty of thirty shillings per ton of such ship.
Sect, 3. Such ship must sail on her voyage on or before 10 April, and continue in those seas diligently endeavouring to catch whales or other creatures, and not depart before 10 August, unless laden with a certain quantity of oil, blubber, or whale-fins, unless they shall be compelled, by some unavoidable accident, to depart. Ships of more than Sect. 4. four hundred tons, already employed in the fishery, might continue to be rated as of four hundred tons, and not more. All ships coming into the fishery after 25 December 1786, and being more than three hundred tons, shall not receive a bounty for more than three hundred tons; and such, ships respectively are not to equip and man Sect. 8. for inore than four hundred or three hundred tons.
Sect. 9. If a log-book has not been constantly kept on board, no bounty will be allowed. Sect. 10. * By etat. 28. Geo. 3. c. 35. his Majesty is empowered to make regulations for more peaceably carrying on the French fishery. se