APPENDIX. 10 & 11 Gul. III. Cap. 25. An act to encourage the Trade to New W foundland. HEREAS the trade of and fishing Preamble, at Newfoundland is a beneficial trade to this kingdom, not only in the imploying great numbers of feamen and ships, and exporting and confuming great quantities of provifions and manufactures of this realm, whereby many tradesmen and poor artificers are kept at work, but also in bringing into this nation, by returns of the effects of the faid fishery from other countries, great quantities of wine, oil, plate, iron, wool, and fundry other useful commodities, to the increase of his Majesty's revenue, and the encouragement of trade and navigation; be it 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 [A] King's fubjects to have free trade to Newfoundland. fent Parliament affembled, and by the authority of the fame, That from henceforth it fhall and may be lawful for all his Majefty's fubjects refiding within this his realm of England, or the dominions thereunto belonging, trading or that shall trade to Newfoundland, and the feas, rivers, lakes, creeks, harbours in or about Newfoundland, or any of the islands adjoining or adjacent thereunto, to have, use, and enjoy, the free trade and traffick, and art of merchandize and fishery, to and from Newfoundland, and peaceably to have, use, and enjoy, the freedom of taking bait and fishing in any of the rivers, lakes, creeks, harbours, or roads, in or about Newfoundland, and the said feas, or any of the islands adjacent thereunto, and liberty to go on fhore on any part of Newfoundland, or any of the faid islands, for the curing, falting, drying, and husbanding of their fifh, and for making of oil, and to cut down wood and trees there for building and making or repairing of ftages, fhip-rooms, train-fats, hurdles, fhips, boats, and other neceffaries for themselves and their fervants, feamen, and fishermen, and all other things which may be useful or advantageous to their fifhing trade, as fully and freely as at any time heretofore have been used or enjoyed there by any of the fubjects of his Majesty's royal predeceffors, without any hindrance, interruption, denial, or disturbance of or from any perfon or perfons whatso ever; and that no alien or stranger whatso ever, ever, (not refiding within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed), fhall at any time hereafter take any bait, or ufe any fort of trade or fishing whatfoever in Newfoundland, or in any of the faid iflands or places above-mentioned. No ballaft, &c. to be thrown 2. And for the preferving the faid harbours from all annoyances; be it further enacted by the authority aforefaid, That from and after the twenty-fifth day of March one thousand feven hundred now next coming, no ballaft, prest stones, or any thing elfe hurtful to or annoying any of the harbours there, fhall be thrown out of any fhip or otherwise, by any perfon or perfons whatsoever to the prejudice of any of the faid harbours, but that all fuch bal- but carried on laft and other things fhall be carried on fhore, and be laid where they may do no annoyance. 3. And be it further enacted by the authority aforefaid, That no perfon or perfons whatsoever fhall (at his departure out of the faid country, or at any other time) deftroy, deface, or do any detriment to any fuch ftage or cook room, or to the flakes, fpikes, nails, or any other thing whatfo-ever thereto belonging, as he or they shall fall into at his or their coming into the faid country, but that he or they fhall (during his or their stay there) dontent him and themfelves with fuch ftage or ftages only [A 2] as fhore. No perfon to Stages to be repaired with timber. Every fishing ship firit enter fhall be admi ral during that fishing feafon, etc. as are needful for him or them, and fhall alfo (at his or their departure thence) leave all fuch his or their stage `or ftages, without doing, or caufing to be done, any wilful damage to any of them; and that for the repairing of fuch stage or stages as he or they fhall fo take, during his or their abode there, the fame fhall be done with timber fetcht out of the woods there, and not by the ruining, breaking down, demolishing, prejudicing, or anywife injuring the stage or stages of any other person or perfons whatsoever. 4. And be it further enacted by the authority aforefaid, That (according to the ancient cuftom there used) every fuch fishing fhip from England, Wales, or Berwick, or fuch fisherman as fhall, from and after the faid twenty-fifth day of March, first enter any harbour or creek in Newfoundland, in behalf of his fhip, fhall be admiral of the faid harbour or creek during that fifhing feafon, and for that time fhall referve to himself only fo much beech or flakes, or both, as are needful for the number of fuch boats as he shall there ufe, with an overplus only for the use of one boat more than he needs, as a privilege for his first coming thither; and that the mafter of every fuch fecond fifhing ship, as fhall enter any fuch harbour or creek, fhall be vice admiral of fuch harbour or Next fhip rear creek during that fishing feason; and that the master of every fuch fishing ship next coming, as fhall enter any fuch harbour or Second fhip vice admiral admiral. creek, creek, fhall be rear admiral of fuch harbour or creek during that fishing season; and that the master of every fishing ship there fhall content himself with fuch beech or flakes, as he shall have neceffary use for, without keeping or detaining any more beech or flakes, to the prejudice of any fuch other ship or veffel as shall arrive there; and that fuch perfon or perfons, as are poffeffed of feveral places in feveral harbours or creeks there, fhall make his or their election of such place as he or they fhall chufe to abide in; and fhall alfo, within eight and forty hours after any after-comer or after-comers into fuch place or places fhall demand fuch his or their refolution touching fuch his or their election (if the weather will fo foon permit, or fo foon after as the weather will permit) give or fend his or their refolution to fuch aftercomer or after-comers, touching fuch his or their election of fuch place as he or they fhall fo chuse to abide in for the fishing feafon, to the end that fuch aftercomer or after-comers may likewise chuse his or their place or places of his or their abode there; and in cafe any difference fhall arife touching the faid matters, the admirals of the respective harbours where fuch differences fhall arife, or any two of them, fhall proportion the place to the feveral fhips in the feveral harbours they fish in, according to the number of boats which each of the faid fhips fhall keep. |