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become so disqualified, engage to serve as a British Seaman or Mariner on board any such Ship, shall forfeit

feited if Dis

Masters respec

tively.

10; such Forfeitures to be recovered upon Conviction before a Justice of the Peace, if such Offence shall be committed in Great Britain; and before any Member of the Supreme Court of Justice, or any Justice of the Peace, if such Offence shall be committed in the Islands of Guernsey, Jersey, or Man, or in any Colony, Plantation, or Territory to His Majesty belonging in America; but no Ship on board whereof any Person so dis-. Ships not forqualified shall be employed as Master, shall be forfeited qualification by reason thereof, if the Owners shall shew that such unknown to Disqualification of such Master was unknown to them or Owners and to their Agent, and that such Disqualification of such Seaman or Mariner was unknown to such Owners respectively, or to their Agents, and to the Master of such Ship, at the Time of engaging such Person so disqualified; and in the Navigation on the Seas of America and the West Indies, from any Port of America and the West Indies to any Port of America and the West Indies, any Negroes Navigation of belonging to any Persons having become His Majesty's the Seas of Subjects in Manner aforesaid, and with the Qualifications America, &c. aforesaid, and in the Seas to the Eastward of the Cape of Good Hope from any Port to the Eastward of the Cape of Good Hope to any other Port to the Eastward of the Cape of Good Hope, Lascars and other Natives of any of the Countries to the Eastward of the Cape of Good Hope, may be employed as British Seamen or Mariners in manner heretofore practised. 34 Geo. 3. e. 68. § 8. 42 Geo. 3. c. 61. §9.

Negroes and

Lascars may be employed in the

c. 2.

8. But nothing in this Act shall extend to take away Proclamation or restrain the Effect of any Proclamation His Majesty, under 13 G. 3. His Heirs or Successors, are empowered to make by virtue of 13 Geo. 3. c. 2. (see No. 1.) — 34 Geo. 3. c. 68. § 9. 42 Geo. 3. c. 61. § 12.

9. If any Goods shall be imported or exported contrary to the Provisions of this Act, such Goods, and also the Ship in which the same shall be imported or exported, shall be forfeited; and if any Ship shall sail in Ballast, or being required to be manned and navigated with a Master and a certain Proportion of British Mariners, in manner herein-before directed, shall not be manned and navigated according to the Provisions of this Act, such Ship and all the Goods on board shall be forfeited. 34 Geo. 3. c. 68. §10. 42 Geo. 3. c.61. §13. 10. The

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Forfeiture if Goods are im ported or exported contrary to this Act, or Ships not required.

if

By whom Goods

and Ships may be seized.

Ships found at

Sza, having a greater Number of Foreign

Mariners than allowed.

Asiatic Sailors,

the Territories

under His Ma

jesty or the East India Company,

not deemed British.

10. The Goods and Ships forfeited by this Act shallˇ be seized by the Commander of any of His Majesty's Ships of War, or any Commissioned, Warrant, or Petty Officer specially appointed by him, or by any Officer of His Majesty's Customs. 34 Geo. 3. c. 68. § 11. 42 Geo.3. c.61. § 14.

11. In case any British or Irish Ship shall be found at Sea, having on board a greater Number of Foreign Mariners than are allowed by Law, and the Master of such Ship shall produce a Certificate of the Necessity of engaging such Foreign Mariners in some Foreign Port, by occasion of the Sickness, Death, or Desertion of the like Number of British Mariners, or of the same having been taken Prisoners during his Voyage, and that British Mariners could not be engaged at such Foreign Port to supply their Room, and that for the Navigation of such Ship it became necessary to engage and employ such Foreign Mariners, under the Hand of His Majesty's Consul at the Foreign Port where the said Foreign Mariners were so engaged, or if there is not any such Consul there, under the Hands of Two known British Merchants at such Foreign Port; it shall not be lawful for any of the Persons authorized by this Act to make. Seizures of Ships navigated contrary to the Directions thereof, to detain any such Ship, or to hinder her from proceeding on her Voyage, but such Persons are hereby required to indorse the Certificate so produced, testifying the Production thereof, and when and where met with at Sea, and that the Number of Foreign Mariners correspond with the Certificate of such British Consul, or such known British Merchants, for the Consideration and Investigation of the Commissioners of the Customs. 34 Geo. 3. c. 68. § 12. 42 Geo. 3. c. 61. § 15.

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12. No Asiatic Sailor, Lascar, or Native of any of although born in the Territories, Countries, or Places within the Limits of the Charter of the East India Company, although born in Territories, Countries, or Places under the Government of His Majesty, or of the East India Company, shall at any Time be deemed to be a British Sailor, Seaman, or Mariner, within the Meaning of 34 Geo. 3. c. 68. or of any other Act relating to the Navigation of British Ships by Subjects of His Majesty, for the Purpose of entitling any Ship to be deemed to be a British Ship, navigated according to Law, and to have the Privileges and Advantages of a British Ship having the Master and Three Fourths of the Mariners

British

British Subjects; but no Ship belonging to any Port within the Limits of the Charter of the said Company, or usually navigated by such Asiatic Sailors, Lascars, or Natives, as Mariners, shall, while carrying on Trade to and from India to the United Kingdom, forfeit any Privileges or Advantages of a British-built Ship, to which she may be by Law entitled, by reason of having any Proportion of such Mariners without the due Proportion of British Mariners, until the Expiration of Twelve Months of continued Peace after the Conclusion of the present War; and His Majesty by Proclamation, upon or after the Commencement of any Hostilities may permit Merchant Ships, or any other Trading Vessels, and Privateers, to be manned wholly, or in any such Proportions as shall be specified in any such Proclamation, with such Asiatic Sailors, Lascars, or Natives, during such Periods as shall be specified in such Proclamation. 55 Geo. 3. c. 116. § 6.

East India Ships manned with

Lascars to be

are Seven British

13. Every such Ship duly registered, and carrying on Trade to and from India and the United Kingdom, and manned in part with Lascars or Natives of India, and which deemed legally shall be commanded by a British Master, and navigated navigated if there by Seven British Seamen, as Part of the Crew, for every Seamen for every 100 Tons of her registered Burthen, and so in propor- 100 Tons. tion for any Part of a 100 Tons, shall be deemed to be navigated according to Law, as to the Crew of such Ship, although the Number of such British Seamen shall not be equal to the Proportion of Three Fourths of the whole Crew. 55 Geo. 3. c. 116. § 7.

If a sufficient Number of

British Seamen cannot be pro

to sail with a

14. Any of the Governments of the East India Company in India, or any Governor or Lieutenant Governor of any Colony, Territory, or Island belonging to His Majesty within the Limits of the Charter, are required, cured, Licence on Application made by the Owner or Commander of any may be granted Ship, and after having ascertained by due Inquiry that less Proportion. a sufficient Number of British Seamen cannot be procured for the Crew of any Ship sailing from India, within Ten Days from such Application, to certify the same, and license such Ship to sail with a less Proportion of British Seamen than required by Law; and every Ship having on board such Licence, shall be deemed to be navigated according to Law, notwithstanding such Deficiency of British Seamen, until her Arrival at the Port of Destination in the United Kingdom; but shall, on the Voyage back from the United Kingdom, have the full

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and proper Proportion of Seven British Seamen to every 100 Tons. 55 Geo. 3. c. 116. § 8.

15. But not to require any Number of British Seamen to be on board as Part of the Crew or Mariners of any Ship employed in Trade only between Ports and Places within the Limits of the Charter of the Company, including the Cape of Good Hope, or to prevent any such Ship, while so employed, being manned and navigated wholly, or in any Proportion as to Asiatic Sailors, or Lascars, or Natives of any Territories, Countries, or Places within the Limits of the said Company. 55 Geo.3. c. 116. § 9.

Netherlands.

The Subjects of the King of the Netherlands, being Dutch Proprietors in the Colonies of Demerara, Berbice, or Essequibo in the Province of Guiana, may import into the said Colonies, from the Netherlands, the necessary Articles of Supply for their Estates, and export to the Netherlands the Produce of their Estates, in Foreign Ships. 56 Geo. 3. c. 91.

See GUIANA.

Newfoundland.

1. Such Parts of the Coast of Labrador from the River Saint John to Hudson's Straits and the Island of Anticosti, and all other smaller Islands annexed to the Government of Newfoundland by Proclamation of the 7th Day of October 1763, (except the said Islands of Madelaine), but afterwards made Part of Canada by the 14 Geo. 3. c. 83. shall be separated from the Government of Canada, and be annexed to the Government of Newfoundland. 49 Geo. 3. c. 27. § 14.

2. All His Majesty's Subjects residing within Great Britain or Ireland, or the Dominions thereunto belonging, trading to Newfoundland, and the Seas, Rivers, Lakes, Creeks, Harbours, in or about Newfoundland, or any of the Islands adjoining or adjacent thereunto, shall have, use, and enjoy the Free Trade and Traffic, and Art of Merchandize and Fishery, to and from Newfoundland, and peaceably 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 Seas, or any of the Islands adjacent thereunto, and Liberty to go on Shore on any Part of Newfoundland, or any of the said Islands, for the curing, salting, drying, and husbanding of their Fish, and for making of Oil, and to cut down Wood and Trees there for building and making or repairing of Stages, Ship-rooms, Train-fats, Hurdles, Ships' Boats, and other Necessaries for themselves, and their Servants, Seamen, and Fishermen, and all other Things which may be useful or advantageous to their Fishing Trade, as fully and freely as at any Time heretofore hath been used or enjoyed there by any of the Subjects of His Majesty, without any Hindrance, Interruption, or Disturbance from any Person; and no Alien or Stranger, not residing within Great Britain or Ireland, shall at any Time hereafter take any Bait or use any Sort of Trade or Fishing in Newfoundland, or in any of the Islands or Places before mentioned. 10 & 11 W. 3. c. 25. § 1. 51 Geo. 3. c 45. § 2.

3. Every Master of a By-boat shall carry with him at least Two fresh Men in Six; viz. One Man that hath made no more than One Voyage, and one Man that hath never been at Sea before; and every Inhabitant shall be obliged to employ two such fresh Men, as the By-boat Keepers are obliged for every Boat kept by them; and all Masters of Fishing Ships shall carry with them, in their Ships' Company, at least One fresh Man never at Sea before, in every Five Men they carry; and the Master of each By-boat and each Fishing Ship shall make Oath before the Collector or other principal Officer of the Customs of the Port from whence such Ship intends to sail, that each Ship and By-boat's Company have such fresh Men therein as this Act directs; and the said Officer is required to administer the said Oath, and give a Certificate thereof under his Hand, without Fee or Reward. 10 & 11 W. 3. c. 25. § 9.

How By-boats and Fishing manned;

Vessels to be

4. Every Master and Owner of any Fishing Ship going also Fishing to Newfoundland, shall have, in his Ship's Company, Ships going to every Fifth Man a Green Man, (that is to say) not a Sea- Newfoundland, man, or having been ever at Sea before. 10 & 11 W. 3.

c. 25. § 10.

5. The Master and Crews belonging to any Ships Vacant Spaces fitted out and employed in the Fishery, in pursuance of may be used for any Act, may occupy and use, for the Purpose of curing, the Purpose of salting, drying, and husbanding their Fish, any vacant or

void

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