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Britain, for any port or place whatever, unless the barrels in which the same shall be packed, shall be at least half an inch in thickness at the bulge,-or for any foreign port or place in Europe, unless such barrel shall be bound with sixteen hoops at the least, made of wood or iron;
- nor shall any such herrings be exported or shipped, or tendered to be shipped as aforesaid, for any port or place out of Europe, unless the barrel in which the same shall be packed shall be a new barrel and full bound, and have one iron hoop at each end ;-nor unless such herrings shall have been repacked, and a space of time not less than fifteen days shall have intervened from the day when the same were originally cured and packed, before the same were repacked, (all which shall be made to appear to the satisfaction of the proper officer of the fishery and of the customs, at any port or place to which the same shall have been brought coastwise for exportation, by certificate to be granted by the proper officer of the fishery at the port or place from which the same were so sent coastwise as aforesaid, and oath made thereon by the exporter or his agent before any such officer, that the herrings iendered for exportation are the same that were brought coastwise with such certificate ;)—nor shall the same be so shipped without the presence of the said officer ;-and that all white herrings, with the barrels containing the same, which shall be exported, shipped, or tendered to be shipped, for exportation contrary to this act, shall be forfeited, and shall and may be seized by any officer of the fishery, or of the customs. $ 40.
Officers to inspect herrings tendered for exportation. In order to prevent frauds in the exportation of herrings, every officer of the fishery to whom any barrels of white herrings shall be produced or tendered, in order to be shipped for exportation, shall examine the same, and inspect and weigh the herrings in such and so many of the barrels as he shall think proper, in order to ascertain whether the said barrel or barrels of herrings be in all respects such as may lawfully be exported, or shipped to be exported, to the port or place for which the same shall be entered :-provided always, that if any white herrings shall be tendered to any officer of the fishery, to be shipped for exportation, and such officer shall deem such herrings to be of bad or indifferent quality, or not properly cured or packed, or the barrel or barrels in which the same shall be contained not to be of sufficient strength, and that for such cause the same cannot be allowed to be exported or shipped for exportation, according to the true intent and meaning of this act, the herrings or the barrels containing the same shall not be forfeited ;-and if, in the event of a refusal to allow the exportation from any of those causes, the proprietor shall not be satisfied with the opinion of the officer, the matter in dispute shall be settled and determined in the same manner as is hereinbefore directed in the case of a like dispute arising between the curer of herrings and the officer of the fishery. $ 41.*
Sufferance or coast cucket not required.-It shall be lawful to ship or put on board any buss, vessel, or boat, at any port or place in Great Britain, where an officer of the fishery shall be stationed for the British herring fishery, salt, nets, barrels, and other fishing stores, and provisions necessary for the sustenance of the crew thereof, and to carry and convey the same to the said fishery without a sufferance, or warrant, or coast cocket, from the officers of the customs, -and also to un. ship and land herrings and salt, nets, barrels, and other fishing stores, out of any buss, vessel, or boat, from the British herring fishery, without a sufferance or warrant from the officers of the customs, and without the presence of an officer of the customs, except in any case where auy special provision is made to the contrary in this act; provided the same be respectively shipped or put on board, carried, landed, or unshipped in the manner and according to the regulations of this act. § 42.
* See now the 35 Geo. III. c. 94 § 36, page 785.
Herrings may be cured and packed in half-barrels.-- it shall be lawful to cure and paek herrings, taken in the British herring fishery in half-barrels, each of which shall contain sisteen gallons English wine measure ; provided that such half-barrels, and the herrings contained therein, shall be subject and liable to all the regulations, penal ties, and forfeitures, by this act provided and imposed, in the same manner as if the herrings were packed in barrels. $ 44.
oficers of the fishery may go on board, &c.- It shall be lawful for any other of the fishery to go and remain on board any buss, vessel, or boat, having on board any salt, barrels, or other fishing stores, in Great Britain, intended for the British white herring fishery, or being at any place where herrings shall be taken or cured, or proceeding from any such place for any port or place in Great Britain, to examine the condition of all herrings, salt, barrels, and nets, on board of any such buss, vessel, or boat, and to put any mark or marks on the barrel or harrels in which any herrings shall be contained ou board thereof, and to take an account of the names and descriptions of the crew of such buss, vessel, or boat ; and the master of every such vessel or boat shall, if required by any officer of the fishery so to do, produce and deliver to such officer for his inspection, the certificate of registry, (if such vessel or boat shall be liable to registry,) and shall give to such officer a true account of the name of the owner or of each of the owners of such buss, vessel, and boat, and of the place where such owner resides, and the name of each of the crew thereof; and if the master of any such buss Tessel, or boat, as aforesaid, shall not, upon being required by any officer of the fishery so to do, comply with all or any of the requisitions herein contained, he shall forfeit the sum of twenty pounds. $ 45,
Boats to have the name of the place to which they belong, &c.—Upon every boat which shall be employed in the British herring fishery, within the limits of a port, or of four leagues of the coast of Great Britain, there shall be painted in white Roman letters, not less than two inches in length, on a black ground, the name of the place to which the same shall belong, on a conspicuous place outside of the stern, and the name or names of the owner or owners thereof on a conspicuous place inside of the stern, and every boat employed in the fishery within the limits or distance aforesaid, on which the names shall not be so painted, shall be forfeited, and may be seized by any officer of the fishery, customs, or excise. $ 46.
Officers of the fishery may enter warehouses, &c.-It shall be lawful for any officer of the fishery, at all times when herrings are curing and packing, or repacking, and at all other times in the day, (or if in the night in the presence of a constable or other officer of the peace,) to enter and come into a cellar or warehouse of any curer of herrings, or into any place where herrings shall be cured, packed, or repacked, to view and inspect herrings during the time of their being cured, packed, or repacked, and to put such a mark or marks on any barrel or barrels in which they shall be packed or repacked, as they shall think fit which mark or marks shall not be altered or defaced. $ 47.
Commissioners to appoint the forms of documents, 8c.—The commissioners for the herring fishery are hereby authorized to make rules
, and regulations directing in what form and manner every journal, declaration, and account, required by this act, shall be kept or made, and by what means the provisions of this act shall be observed, and put in execution; which rules and regulations they are required to make public, in the manner which shall appear to them likely to be most effectual for the information of the parties interested therein; and if any mark or character shall be set or branded on any barrel of herrings, for any of the purposes of this act, in any manner which shall not be conformable to the special provisions of this act, or such rules or regulations as aforesaid ; and if any journal, declaration, account, or oath, by this act required to be kept or made, or any thing required by this act to be done or performed by or on behalf of any curer or proprietor of herrings, or owner or owners, or master, shall respectively be kept, inade, done, or performed, in any form or manner not conformable to such regulation, as aforesaid, such person or persons shall not be entitled to claim any benefit by this act. § 48.
Persons making false oath.—Every person before whom any oath is hereby directed or required to be made shall be, and every such person is hereby authorized and required to administer such oath ; and if any person or persons shall wilfully make a false oath respecting any thing which, by this act, is required to be sworn, every such person shall, upon conviction, be liable to the punishment of perjury. § 49.
Persons fraudulently branding barrels, &c.—If any person, other than an officer of the fishery, or not being authorized by or without the presence of such officer, shall fraudulently burn or brand, or cause to be burnt or branded, or have in his custody or possession any instrument for the purpose of burning or branding on any barrel or cask of herrings, any mark or characters, which by virtue of this act shall be appointed or directed to be burnt or branded, on any barrel of herrings, by order and in presence of such officer, or any mark or character in imitation thereof;-or if any person shall alter, erase, or falsify, any licence, certificate, account, declaration, oath, or other document, prescribed by this act, every person so offending shall, on being convicted thereof in England before a justice of the peace, or in Scotland before the sheriff of the county where the offence shall be committed, or the offender found, for every offence forfeit and pay a sum of money not exceeding fifty pounds, or suffer imprisonment for any time not exceeding six months ;-and every barrel or cask on which any such mark or character shall be fraudulently burnt or branded, as aforesaid, with the herrings therein contained, and every instrument which shall be in the possession of any person for the purpose of fraudulently burning or branding the same, shall be forfeited, and shall be seized by any officer of the fishery, customs, or excise. $ 50.
Penalty for allering or effacing marks. If any mark set or branded on any barrel of herrings by any officer or officers of the fishery, pursuant to this act, or to any rules or regulations which shall be made by the aforesaid commissioners for the herring fishery, shall be altered or defaced, every such barrel, with the herrings therein contained, shall be forfeited, and shall and may be seized by any officer of the fishery.
Persons resisting officers of the fishery.-If any person or persons shall assault, resisi, oppose, molest, or hinder any officer or officers of the fishery, or any person or persons acting in his or their aid or assistance in the execution of this act, every such person so offending shall, for every such offence, forfeit and pay the sum of fisty pounds. § 53.
Penalty on officers receiving fee. If any officer of the fishery shall demand, take, or receive, directly or indirectly, any fee, gratuity, or reward whatever, other than such salary as shall be allowed him by the crown, for any thing done by him in the execution of this act, or of his office or employment aforesaid, on being convicted thereof, he shall forfeit his office, and the sum of one hundred pounds, and shall be deemed thenceforth incapable of being employed in any office or em ployment under the crown. $ 54.
Quorum of commissioners.--Any thing by this act directed or required to be done by the commissioners for the herring fishery, shall and may be done by such number of them as by the letters patent for the appointment of such commissioners shall be determined. $ 56.
Recovery of penalties and forfeitures.-Any fine, penalty, or forfeiture by this act imposed is recoverable by act 55 Geo. III. c. 94. § 42. $57.
Provisions relating to justices, 8c.-All privileges, protections, and provisions, given and ordained by any act or acts for justices of the peace, or officers of the customs and excise, on the occasion of their acting in the execution of their respective offices, as to any action or suit, or the tendering of amends, or the payment of costs, or other thing, shall extend to the aforesaid commissioners of the herring fishery, and to the superintendent and the officers of the fishery appointed in pursuance of this act, and to all persons appointed to act under them, or acting in their aid or assistance in the execution thereof. $ 58.
Officers not liable to suils, &c.—No officer acting in the execution of any of the provisions of this act, or in the enforcing any rules or regulations made and in force under the authority thereof, shall be deemed a trespasser, or be liable to any action, suit, or prosecution, for or by reason of any act, matter, or thing done in the execution of his office, and for the carrying the provisions of this act into execution, and enforcing any rules or regulations established under the same, and not done by him maliciously; and if any person shall bring a suit or action for any such matter or thing, and the court or jury shall find that the same was not done maliciously, such person shall be nonsuited, and pay treble costs to the defendant. § 59.
Jurisdiction of sheriffs in Scotland extended.—The jurisdiction of the sheriffs and stewards-depute of Scotland, and their substitutes, shall be extended over all persons engaged in catching, curing, and dealing in fish, in all the lochs, bays, and arms of the sea, within their respective counties and stewartries, and also within ten miles of the coasts of their said counties and stewartries, and that in as full and ample a manner as the same is exercised over the inhabitants of these counties and stewartries; and if any loch, bay, or arm of the sea, shall adjoin to two or more counties or stewartries, or any other part of the sea shall be within ten miles of the coasts of two or more counties or stewartries, the sheriffs and stewards of the said counties and stewartries shall have and exercise a concurrent jurisdiction over such person as aforesaid, in any such loch, bay, or arm of the sea, which shall be in or opposite to their respective counties and stewartries, or any part of the sea within the aforesaid distance of the coast thereof. $ 60.
Continuance of act. $ 61.—This act (continued in force until the 1st day of June, 1813) has been amended and rendered perpetual by the 55 Geo. III. c. 94. of which the following is an abstract:
55 Geo. III. c. 94. An Act to continue and amend several Acts relating to the British
White Herring Fishery. Whereas an act was passed 48 Geo. III. c. 110, for the further encouragement and better regulation of the British white herring fishery : and whereas it is expedient that the said act should be amended and made perpetual, it is therefore enacted, that the said recited act shall, subject to the alterations and amendments herein contained, be and the same is hereby made perpetual ;-and, from the 1st day of June, 1815, all letters patent, appointments, rules, regulations, orders, and directions, granted, made, or given, by virtue of the said act, and in force at the time of passing this act, shall be good and effectual, and remain in force, unless varied or annulled, under any of the authorities of the said acts, or of this act. § 1.
Advocate and solicitor-general of Scotland may be commissioners. - His Majesty may appoint the advocate and solicitor-general for Scotland, or either of them for the time being, to be commissioners, in addition to the number authorized by the act 48 Geo. III. c. 110. § 2.
Commissioners to be sworn.—Every person hereafter to be appointed one of the commissioners for the herring fishery, by virtue of the said act, 48 Geo. III. c. 110, or of this act, shall, before he proceeds in execution of any of the powers and authorities vested in the commissioners under the said act and this act, (save only in the administering the oath hereinafter mentioned,) take and subscribe the following oath; that is to say:
" I, A. B., do swear, that I will faithfully and honestly, according to the best of my skill and judgment, execute the several powers and trusts reposed in me by an act passed in the forty-eighth year of the reign of his Majesty King George the Third, intituled An Act [here insert the title of the said act] and that I am not, directly or indirectly, concerned as an adventurer in the white herring fishery, or as a curer of herrings : nor will I, so long as I shall continue to act as a commissioner under the said acts, be concerned, either directly or indirectly, as an adventurer in the said fishery, or as a curer of herrings. So help me God." Which oath any one of the said commissioners may administer to the other or others of them. $ 3.
Reports of proceedings. The commissioners for the herring fishery shall deliver in annually, on or before the 1st day of November in every year, to the board of trustees or commissioners for fisheries and manu. factures in Scotland, appointed under the authority of any act of parliament, a full and accurate report of their proceedings for the year preceding ; and shall also cause to be laid before each house of parliament within fourteen days from the commencement of every session, a copy of the said report, signed with their names.
Crews of deep sea busses may fish cod or ling.-It shall be lawful for the master and crew of any buss or vessel, fitted out for the British white herring fishery in the deep sea, under the regulations of the said acts, to take cod or ling, and to cure the same with salt, to be taken on board for that purpose ; such cod or ling to be stowed in bulk; and that, in every instance where cod or ling shall be so taken, cured, and stowed on board any such buss or vessel as aforesaid, the Samne shall be saved and excepted out of that part of the oath pre