CHAPTER XIV.

FISHERIES.

50 Geo. III c. 108.

An Act to amend and enlarge the powers of an Act of 2 Geo. III. for the Encouragement of the Fisheries of this Kingdom, and the protection of persons employed therein.

Protection from impress.-Every person hereinafter specified, who shall be employed in the fisheries of these kingdoms, shall be exempted from being impressed into the service of his Majesty, other than in the cases hereafter excepted. First, every Master who shall have the care or conduct of any fishing vessel or boat, which shall be employed in the fisheries of this kingdom, and who, or some owner of which fishing vessel or boat, shall have, or within six calendar months before the applying for any protection as hereinafter is allowed, shall have had, one or more apprentice or apprentices under the age of sixteen years each bound to him, or to any such owner as aforesaid, for a term not less than five years, and which apprentice or apprentices, in pursuance of such binding, actually shall be or have been in the service of such master or owner in the business of a fisherman :-Secondly, every such Apprentice, not exceeding the number of eight apprentices to every master or owner as aforesaid, of any fishing vessel of the burden of 50 tons and upwards,—and not exceeding seven apprentices to every master or owner as aforesaid, of every fishing vessel of the burden of 35 tons and upwards, and under 50 tons;-and not exceeding six apprentices to every such master or owner as aforesaid, of any fishing vessel of or above the burden of 30 tous, and under 35 tons ;-and not exceeding the number of four apprentices to every such master or owner as aforesaid, of any fishing vessel or boat under the said burden of 30 tons ;— during the time every such respective apprentice as aforesaid shall continue as an apprentice in the actual service of such his master only, or of his representatives or assigns, in the business of a fisherman, and in no other service, and until the respective age of 20 years of every such apprentice who shall so long continue in the fishing trade :Thirdly, one Mariner for every such vessel or boat of 10 tons burden and upwards, besides the master and apprentice or apprentices, as aforesaid, who shall be employed to navigate or fish in any fishing vessel or boat of the burden of 10 tons or upwards, during the time such mariner shall continue and be so actually and truly employed in the said fishing service—and, Fourthly, any Landman above the age of 18 years, and under 30 years, who shall enter on board any such fishing vessel or boat of the burden of 10 tons or upwards, and be actually employed in navigating or fishing therein, for and during the space of two years, to be computed from the time of his first going to sea, employed as aforesaid, in any such fishing vessel or boat of the burden of

10 tons or upwards as aforesaid, and to the end of any fishing voyage he may then be engaged in, if he shall continue and be so long really and truly employed in such service. § 2.

Affidavit to be made and sent to the Admirally.—On an affidavit, sworn before some justice of the peace, that the person named and de scribed in such affidavit is within some or one of the descriptions hereinbefore specified, and inserting therein the tonnage of every such fishing vessel or boat, and the port or place to which she belongs, and the name and description of every such master, and the age of every such apprentice, and the term for which every such apprentice shall be bound, and the date of his indenture, and the name, age, and description of every such mariner and landman respectively, and the time of every such landman's first going to sea, being offered to the lord high admiral of Great Britain, or to the commissioners for executing the office, &c. he and they is and are hereby directed to cause inquiry to be made into the truth of the matters contained in every such affidavit, and from time to time to grant a separate protection to every such person as aforesaid, respectively, during the time he is allowed by this act to be protected, and without any fee or reward for the same;-and every person who shall be impressed, contrary to the intent of this act, shall, on producing such protection to the commanding officer who shall have in his custody, or under his care, any such impressed person as aforesaid, be forthwith discharged or released. § 3.

Remedy for protected persons, if impressed.-If, during the continuance of any protection which shall be so granted, any person who shall be thereby protected, shall be impressed to serve his Majesty, (other than, and except in case of an actual invasion of these kingdoms, or imminent danger thereof,) and signified by some order of his Majesty, or of his privy council, to the lord high admiral, or to the commissioners for executing the office, &c. ;-and on producing the protection, which shall have been so granted to him, to the commanding officer of the party or gang who shall impress any such person protected as aforesaid,— or if offering to produce the same for the inspection of such commanding officer, any such commanding officer shall refuse or neglect to see or examine such protection, or shall detain the same protection from the party entitled thereto, and shall not forthwith discharge the party whe shall be so impressed, or if the party so impressed shall be carried ou board any ship or vessel of or in the service of his Majesty, and the captain or any officer who shall have the command on board of any such ship, of or in the service of his Majesty, shall not, on any such protection, granted as aforesaid, being produced or tendered to him; or if such protection shall have been taken away from the party to whom it was so granted at or after his having been so impressed, then, if, on an affidavit being made before some justice of the peace, that such protec tion was so granted and continues in force, and was taken away from the party to whom the same was so granted, either at or after the time he was impressed, and being tendered to the captain or officer who shall have the command on board any such ship or vessel, as aforesaid, such captain or officer shall not forthwith discharge the party who shall have been so impressed and brought on shipboard, as aforesaid, or if any captain or officer having command as aforesaid, or any of the crew or company under him, shall take away or detain any such protection, granted as aforesaid, then every person who shall so offend, except in the cases herein-before excepted, shall respectively forfeit and pay to the party impressed, if not an apprentice, and if an apprentice, then to

the respective master of every such apprentice, the sum of twenty pounds. § 4.

Seamen refusing to fulfil agreement.-In case any seaman or mariner, after he shall have entered into any agreement, or taken any earnest, for the performance of any fishing voyage, or for any stipulated time of any fishing season, shall neglect or refuse to proceed on the intended voyage or voyages for which he shall have engaged or taken earnest, every such seaman or mariner shall forfeit, for every such offence, the sum of five pounds;—and it shall be lawful, upon complaint made thereof to any of his Majesty's justices of the peace within their respective jurisdictions, by the master or owner, or any other person having charge or command of the vessel or boat in which such seaman or mariner engaged to go, for such justice, and he is hereby required, to issue his warrant to apprehend such seaman or mariner :--and in case such seaman or mariner shall not pay such penalty, or give sufficient reason for such refusal, then to commit such seaman or mariner to the house of correction, there to be kept to hard labour for any time not exceeding thirty days, nor less than fourteen days. § 5.

Penalty on hiring or enticing apprentices.-If any master or owner of any ship, vessel, or boat shall hire, entice, harbour, entertain, or employ, in any such ship, vessel, or boat, any apprentice, seaman, or landman, belonging to any fishing vessel or boat, or who shall have engaged to go on any fishing voyage, knowing that such apprentice, seaman, or landman does belong to such fishing vessel, or has engaged to go on a fishing voyage, or after notice given thereof, every such master or owner as aforesaid, on being convicted of any such offence, shall, for every such offence, forfeit and pay the sum of twenty pounds $ 6.

Justice to determine differences.-All justices of the peace within their respective jurisdictions shall hear and determine all offences committed against the true intent of this act, and all pecuniary penalties and forfeitures inflicted and made payable by this act, whereof the time of payment is not hereinbefore directed, shall be paid within twenty-four hours after conviction, &c. ; the same shall be levied by distress, &c.; and if sufficient distress cannot be found, offender to be committed to the house of correction of the place where apprehended, to hard labour, for any time not exceeding one month. § 7.

Commencement of prosecutions.-No persons shall suffer any punishment for any offence committed against this act, unless the prosecution for the same be commenced within three calendar months after such offence committed ;-and where any person shall suffer imprisonment for any offence contrary to this act, in default of payment of any penalty hereby imposed, such person shall not be liable afterwards to pay such penalty. § 8.

Application of penalties.-One moiety of all money which shall be forfeited for any offence which shall be committed against this act, (and not herein otherwise appropriated,) shall be paid to the person or persons who shall prosecute to conviction any offender, and the other moiety thereof to the treasurer of Greenwich hospital for the time being, for the benefit of the said hospital. § 9.

Appeal to the quarter sessions. § 10.

COD AND LING FISHERY.

It was at one period prohibited for vessels in the deep sea white her ring fishery to take Cod, Ling, &c. (48 Geo. III. c. 110. $ 14.) but this prohibition was repealed by the 55 Geo. III. c. 94. § 7, and Bounties were given on those Fish by the 1 Geo. IV. c. 103. This act was afterwards repealed; but the following part of the 6th clause has been revived as will be seen below.

Commissioners of the British herring fishery to make regulations.— Provided always, that it shall be lawful for the commissioners of the British herring fishery from time to time, to make such regulations with respect to the shipping of Salt for the said fisheries,—and with respect to the exportation of any such fish, cured or dried, or cured with pickle,— as to the said commissioners shall, from time to time, seem expedient;— and that all such regulations shall be as valid and effectual as if the same were set forth in this act, and shall be obeyed and carried into execution by the officers of the British herring fishery, and all other persons concerned. § 6.

1 Wm. IV. c. 54.

An Act to revive, continue, and amend several Acts relating to the

Fisheries.

And whereas by an act passed in the 1st year of the reign of his late Majesty King George IV. intituled "An Act for the further Encourage ment and Improvement of the British Fisheries," certain bounties were granted for the encouragement of the British Cod and Ling fisheries, which bounties, by virtue of the said recited acts passed in the 5th and in the 7th years of the reign of his late Majesty, have ceased and determined. And whereas by the said act passed in the 1st year of the reign of his late Majesty, certain provisions were made, empowering the commissioners of the herring fishery to make certain regulations respecting the said Cod and Ling fisheries: and whereas by an act passed in the 5th year of the reign of his late Majesty King George IV. intituled "An Act to amend the several Acts for the Encouragement and Improvement of the British and Irish Fisheries," the said act of the first year of his said late Majesty was repealed; and it is expedient that the powers vested as aforesaid in the said commissioners (save so far only as respects the payment of the said bounties) should be revived, and be again vested in the said commissioners; be it therefore enacted, that so much of the said act passed in the 1st year of the reign of his late Majesty King George IV. as authorized the said commissioners to make such regulations as aforesaid shall be, and the same is hereby revived, and shall be continued in force, save only so far as respects the payment of the said bounties; any thing in the said act of the 5th year of his said Majesty's reign to the contrary notwithstanding. § 4.

WHITE HERRING FISHERY.

The British white herring fishery was originally instituted by the 23 Geo. II. c. 24. and confirmed by the 26 Geo. III. c. 81. But those acts have long since expired.

The subsequent acts were as follows :

48 Geo. III. c. 110.—55 Geo. III. c. 94.—51 Geo. III. c. 101.—1 and 2 Geo. IV. c. 79.-52 Geo. III. c. 153.—5 Geo. IV. c. 64.-54 Geo. III. c. 102.-7 Geo. IV. c. 34.-11 Geo. IV. and I Wm. IV. c. 54. Of the first act, all that related to bounty has expired.

The 51 Geo. III. and 52 Geo. III. only related to how vessels should be mauned to entitle them to bounty, and are no longer in force. The 54 Geo. III. was merely continuing the bounty for a further time, and which was again continued by the 5 Geo. IV.; and further, by the 7 Geo. IV. c. 34., till April 5, 1830, when it expired: so that the following will be found to be all the parts of the acts which are now in force. The regulations respecting tonnage, men, licences, journal, &c. being omitted, having been made with reference to bounty, and therefore expiring with the bounty.

48 Geo. III. c. 110.

An Act for the further Encouragement and better Regulation of the British White Herring Fishery, until the 1st day of June, 1813, and from thence to the end of the next Session of Parliament.

"Whereas the improvement of the British white herring fisheries is an object of most essential importance to the wealth and commercial prosperity, as well as to the naval strength of this kingdom, for the attainment of which it is expedient that more effectual regulations should be made, in order to the insuring a due and proper attention to the curing, sorting, and packing of white herrings, that the credit of the British fisheries in our colonies and in foreign parts may be maintained," be it enacted, &c. that—

Manner of fishing.-No vessel shall be deemed or considered to be employed in the deep sea herring fishery, unless the nets shall be attached to the vessel while they are set, and shall be shot directly from, and hauled into the same, without the intervention or use of a small boat for that service, (the vessel not being at anchor while the crew are shooting the nets, nor during the time they are set, nor while the crew are hauling or taking them in,)—nor unless the herrings caught or taken in the manner aforesaid, shall receive their first cure on board such vessels in barrels, and not in bulk. § 2.

Appointment of commissioners.—And whereas by two acts, 13 Geo. I. c. 26. and c. 30., it was provided, that it should be lawful for his Majesty, by letters patent under the great seal, to nominate and appoint persons resident in Scotland, not exceeding the number of twenty-one, to be trustees for overseeing, directing, and better improving the linen and hempen manufactures within Scotland, &c.; and whereas it is expedient that the number of trustees or commissioners by the said act so limited, should, for the purposes of this act, be increased; it is enacted, that it shall be lawful for his Majesty, by letters patent under the great seal, to increase the number of the said trustees to twenty