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and as an equivalent,

each fish

allowed a

paid on the last day of December annually, to the owner of every veffel or his agent, by the ing veffel collector of the district where fuch veflel may belong, that fhall be qualified agreeably to law, cording to for carrying on the bank and other cod fifhto exceed eries, and that shall actually have been employ170 dollars. ed therein at fea for the term of four months

fum'ac

burden not

at the leaft, of the fifhing feafon, next preceding which feafon is accounted to be from the laft day of February to the laft day of November in every year, for each and every ton of fuch veffel's burthen according to her admeafurement as licenfed or enrolled, if of twenty tons and not exceeding thirty tons, one and an half dollars; and if above thirty tons, two and an half dollars; of which allowance aforefaid, three-eighth parts fhall accrue and belong to the owner of fuch fishing veffel, and the other five eights thereof fhall be divided by him, his agent or lawful representative, to and among the feveral fishermen who fhall have been employed in fuch veffel during the season aforefaid, or a part thereof, as the cafe may be, in fuch proportions as the fish they fhall refpectively have taken may bear to the whole quantity of fish taken on board fuch veffel during fuch feafon: Provided, That the allowance aforefaid on any one veffel, for one seafon, fhall not exceed one hundred and feventy dollars.

Sec. 2. And be it further enacted, That on Annual al- the last day of December annually, as aforefishing vef faid, there fhall also be paid to the owner of fels above 5 every fishing boat or veffel of more than five

lowance to

tons,

tons, and lefs than twenty tons, or to his agent or lawful reprefentative, by the collector of the diftrict where fuch boat or veffel may belong, the fum of one dollar upon every ton admea

under what

regulations

furement of fuch boat or veffel; which allow ance fhall be accounted for as part of the proceeds of the fares of faid boat or veffel, and fhall accordingly be fo divided among all perfons interested therein: Provided however, That this allowance fhall be made only to fuch boats or veffels as fhall have actually been employed at fea in the cod fithery for the term of four months at the leaft of the preceding feafon: And provided alfo, That fuch boat or : veffel fhall have landed in the courfe of faid preceding feason, a quantity of fish not lefs than twelve quintals for every ton of her admeasurement; the faid quantity of fish to be afcertained when dried and cured fit for exportation, and according to the weight thereof, as the fame fhall weigh at the time of delivery when actually fold; which account of the weight, with the original adjustment and fettlement of the fare or fares among the owners and fishermen, together with a written account of the length, breadth and depth of faid boat or veffel, and the time he has actually been employed in the fishery in the preceding feafon, shall in all cafes be produced and fworn or affirmed to, before the faid collector of the diftrict, in order to entitle the owner, his agent or lawful reprefentative, to receive the allowance aforefaid. And if at any time within one year after payment of fuch allowance, it fhall appear that any fraud or deceit has been practised in obtaining the fame, the boat or veffel upon which fuch allowance fhall have been paid, if found within the district aforesaid, fhall be forfeited; otherwife the owner or owners having practifed fuch fraud, or deceit, fhall forfeit and pay one hundred dollars; to be fued for, recovered and appropriated in like manner as forfeitures VOL. II.

C

Owners of

and penalties are to be fued for, recovered and appropriated for any breach of an act, entitled, "An act to provide more effectually for the collection of the duties impofed by law on goods, wares and merchandize imported into the United States, and on the tonnage of ships or veffels.""

Sec. 3. And be it further enacted, That the fithing vef- Owner or owners of every fishing veffel of fels how to twenty tons and upwards, his or their agent obtain the or lawful reprefentative, fhall previous to reallowances ceiving the allowance which is provided for in granted by this act, produce to the collector who is authori

proceed to

this act.

zed to pay the fame, the original agreement or agreements which may have been made with the fifhermen employed on board fuch veffel, as is herein before required, and alfo a certificate to be by him or them fubfcribed, therein mentioning the particular days on which fuch veffel failed and returned on the feveral voyages or fares, fhe may have made in the preceding fishing season, to the truth of which they fhall fwear or affirm before the collector aforefaid.

Sec. 4. And be it further enacted, That no fhip or veffel of twenty tons or upwards, employed as aforefaid, fhall be entitled to the allowance granted by this act, unless the skipper or mafter thereof fhall, before he proceeds on any fishing voyage, make an agreement in writing or in print, with every fisherman employed therein, excepting only any apprentice or fervant of himfelf or owner; and in addition to fuch terms of fhipment as may be agreed on, fhall in fuch agreement exprefs whether the fame is to continue for one voyage or for the fifhing feason, and fhall alfo exprefs that the fifh or the proceeds of fuch fifhing voyage or

1

proceed to

obtain the

granted by

this act.

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voyages which may appertain to the fishermen, Owners of fhall be divided among them in proportion to fels how to fishing vef the quantities or number of faid fifh they may refpectively have caught; which agreement allowances fhall be endorsed or counterfigned by the own er of fuch fishing veffel, or his agent: And if any fisherman having engaged himself for a voyage or for the fishing feafon, in any fishing veffel, and figned an agreement therefor as aforefaid, fhall thereafter and while fuch agree ment remains in force and to be performed, defert or abfent himself from fuch veffel, with out leave of the mafter or skipper thereof, or of the owner or his agent, fuch deferter fhall be liable to the fame penalties as deferting fea men or mariners are fubject to in the mer chant's fervice, and may in the like manner, and upon the like complaint and proof, be apprehended and detained; and all costs of procefs and commitment if paid by the master or owner, fhall be deducted out of the fhare of fish, or proceeds of any fishing voyage to which fuch deferter had or fhall become entitled. And any fisherman, having engaged himself as aforefaid, who fhall during fuch fishing voyage, refuse or neglect his proper duty on board the fishing veffel, being thereto ordered or requir ed by the mafter or skipper thereof, or fhall otherwise resist his juft commands, to the hindrance or detriment of fuch voyage, befide being answerable for all damages arifing thereby, fhall forfeit to the use of the owner of fuch veffel, his fhare of the allowance, which fhall be paid upon fuch voyage as is herein granted.

Sec. 5. And be it further enacted, That where

an agreement or contract fhall be fo made and figned, for a fishing voyage or for the fishing feafon, and any fifh which may have bech

1

fifhing vef

Owners of caught on board fuch veffel during the fame, fels how to fhall be delivered to the owner or to his agent, proceed to for cure, and fhall be fold by faid owner or allowances agent, fuch veffel fhall for the term of fix granted by months after fuch fale, be liable and anfwera

obtain the

this act.

ble for the skipper's and every other fisher man's fhare of fuch fifh, and may be proceeded against in the fame form, and to the fame effect as any other veffel is by law liable, and may be proceeded against for the wages of feamen or mariners in the merchant's fervice. And upon fuch process for the value of a share or fhares of the proceeds of fish delivered and fold as aforefaid, it shall be incumbent on the owner or his agent, to produce a juft account of the fales and divifion of fuch fish according to fuch agreement or contract, otherwife the faid veffel fhall be anfwerable upon fuch procefs for what may be the highest value of the fhare or fhares demanded. But in all cafes, the owner of fuch veffel or his agent, appearing to answer to fuch procefs, may offer there upon his account of general fupplies made for fuch fishing voyage, and of other fupplies therefor made, to either of the demandants, and shall be allowed to produce evidence thereof in anfwer to their demands refpectively, and judg ment fhall be rendered upon fuch procels, for the refpective balances, which upon fuch an enquiry fhall appear: Provided always, That when procefs fhall be iffued against any veffel liable as aforefaid, if the owner thereof or his agent will give bond to each fisherman in whofe favour fuch procefs fhall be inftituted, with fufficient fecurity, to the fatisfaction of twa juftices of the peace, one of whom fhall be hamed by fuch owner or agent, and the other by the filherman or fishermen purfuing fuch

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