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Preamble. Act 15 Geo. III. recited.
Bounties to be allowed, for 11 Years, to Vessels fitted out from Great Britain, &c. for the Whale Fishery in the Seas Southward of Lat. 44 Degrees North.
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Whereas by an Act, made in the last Session of Parliament, intituled, An Act for the Encouragement of the Fisheries carried on from Great Britain, Ireland, and the British Dominions in Europe, and for securing the Return of the Fishermen, Sailors, and others employed in the said Fisheries, to the Ports thereof, at the End of the Fishing Season, certain Bounties were granted to induce his Majesty's European Subjects to carry on the Whale Fishery in the Gulph of Saint Lawrence, or on the Coast of Labrador, Newfoundland, or in any Seas to the Southward of the Greenland Seas, and Davis's Streights: And whereas a valuable Whale Fishery has been lately discovered in the Seas to the Southward of the Latitude of forty-four Degrees North; for carrying on which it is necessary that the Ships to be employed therein should be fitted out at a different Season of the Year from that mentioned in the said in Part recited Act, and it is just and expedient that the like Bounties should be granted to Ships so fitted out and employed in such Fishery: May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the several Bounties hereafter mentioned shall be allowed annually for eleven Years, for five Vessels which shall be employed in the said Fishery in the Seas to the Southward of the Latitude of forty-four Degrees North, under the Limitations and Restrictions herein after expressed; (that is to say) Such Vessels shall appear by their Register to be British built, and owned by his Majesty's Subjects residing in Great Britain or Ireland, or the Islands of Guernsey, Jersey, or Man, and navigated with Three-fourths of his Majesty's Subjects of Great Britain or Ireland, or the Islands of Guernsey, Jersey, or Man, besides the Master, and shall be fitted and cleared out from some Port in Great Britain or Ireland, or the Islands of Guernsey, Jersey, or Man, after the first Day of August and before the first Day of November one thousand seven hundred and seventy-six, and between the first Day of August and the first Day of November in each succeeding Year, and shall take and kill one Whale at the least in the said Seas, to the Southward of the said Latitude of forty-four Degrees North, and shall return, before the first Day of August next following in each Year, to some Port in England, with the Oil of such Whale or Whales so taken as aforesaid; and on the Master and Mate of such Vessel, and two of the Mariners belonging to her, making Oath before the Collector and Comptroller of the Customs at the Port of her Arrival (which Oath they are hereby authorised and required to administer), that such Oil is the Produce of one or more Whale or Whales taken and killed by the Crew then belonging to such Vessel, mentioning the Time when she departed from Great Britain or Ireland, or the Islands of Guernsey, Jersey, or Man, and from what Port, and the Time and Place where such Whale or Whales was or were taken and killed, such Oil may be landed without Payment of any Duty whatsoever; and the Collector and Comptroller of such Port shall thereupon forthwith transmit such Oath to the Commissioners of his Majesty's Customs at London, any four or more of whom are hereby authorised and required to order the Receiver-general of his Majesty's Customs to pay out of any Money in his Hands, arising by any Duties under their Management, for the Vessel which shall so arrive in each Year, with the greatest Quantity of Oil so taken as aforesaid, five hundred Pounds; for the Vessel which shall in like Manner arrive in the same Year, with the next greatest Quantity of Oil so taken as aforesaid, four hundred Pounds; for the Vessel which shall in like Manner arrive in the same Year, with the next greatest Quantity of Oil so taken as aforesaid, three hundred Pounds; for the Vessel which shall in like Manner arrive in the same Year, with the next greatest Quantity of Oil so taken as aforesaid, two hundred Pounds; and for the Vessel which shall in like Manner arrive in the same Year with the next greatest Quantity of Oil so taken as aforesaid, one hundred Pounds; the said Oil so to be imported by each of the said Vessels being the Produce of one Whale at the least; which said several and respective Bounties shall be paid by such Receiver-general, within two Months after the Expiration of each Year in which such vessel shall arrive, to the Owner or Owners of such Vessels so intitled thereto, or their Assigns, duly authorised to demand the same.
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No Boundy to be allowed to any Vessel employed in the Whale Fishery, but on certain Conditions.
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II. Provided always, and it is hereby further enacted by the Authority aforesaid, That no Bounty shall be allowed or paid for any Ship which, from and after the said first Day of August one thousand seven hundred and seventy-six, shall be fitted out and employed in the Whale Fishery, in pursuance of this Act, unless the whole and entire Property of such Ship or Vessel shall belong to some of his Majesty's Subjects residing in that Part of his Majesty's Dominions from whence such Ship or Vessel shall be respectively fitted and cleared out, nor to any Ship which shall be so fitted out and employed in the said Fishery, in pursuance of this Act, or the said recited Act made in the last Session of Parliament, unless such Ship shall have on board an Apprentice, indentured for the Space of three Years at the least, for every fifty Tons Burthen of such Ship, every such Apprentice not exceeding the Age of eighteen Years, nor being under fourteen, at the Time he shall be so indentured; any Thing in the said recited Act, or in this Act, or any Custom or Usage, to the contrary notwithstanding.
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Act 10 Geo. III. recited.
Fees to be taken by the Officers of the Customs in Newfoundland.
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III. And whereas by an Act of Parliament, made in the tenth Year of his Majesty's Reign, it is, amongst other Things, enacted, That, for and during the Time therein mentioned (which Act hath been since continued, and is now in Force), the Officers of his Majesty's Customs, and Naval Officers in the British Colonies or Plantations in America, shall be deemed to be intitled to, and shall and may lawfully demand and receive, such Fees as they and their Predecessors respectively were and had been generally and usually accustomed to demand, take, and receive, before the twenty-ninth Day of September one thousand seven hundred and sixty-four, and shall have the like Remedy for the same, according to the true Intent and Meaning of an Act, made in the fifth Year of his said Majesty's Reign, therein particularly recited and referred unto: And whereas, the Officers of his Majesty's Customs now established in the Island of Newfoundland not being able to discover and ascertain what Fees were taken and received by their Predecessors, before the said twenty-ninth Day of September one thousand seven hundred and sixty-four, Doubts have arisen what Fees they are intitled to demand and receive, in pursuance of the said in Part recited Act :’ For Remedy whereof, be it further enacted by the Authority aforesaid, That so long as the said recited Act shall be continued and remain in Force, the Officers of his Majesty's Customs in the said Island of Newfoundland shall be, and are hereby declared to have been intitled to ask, demand, take, and receive, such Fees, for all Business done by them in the Execution of their Duty, as were legally demanded and taken by the like Officers of the Customs at the Port of Halifax in Nova Seotia, on or before the first Day of January one thousand seven hundred and sixty-eight, provided the said Fees so taken are not contrary to the express Directions of any Act of Parliament made in Great Britain; and the said Officers of the Customs shall have the like Remedy for the same, and be liable to the same Forfeitures and Disabilities for exacting or receiving any greater or other Fees than such as are herein before allowed to be taken, as are prescribed and inflicted in such Cases by the said recited Acts, or either of them, as fully and effectually, to all Intents and Purposes, as if the same had been again repeated and enacted in this present Act.
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