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His Majefty may appoint Seven of

the faid

Trustees to be Commiffioners for the White

V. And be it further enacted, That it fhall be lawful for His Majefty, His Heirs and Succeffors, by Letters Patent under the Great Seal, appointed by the Treaty of Union to be kept in Scotland in place of the Great Seal thereof, to nominate and appoint any Number of fuch Trustees or Commiffioners as aforefaid, not exceeding Herring Futhery. Seven, to be Commiffioners fpecially for overfeeing, directing, and better improving the White Herring Fishery, with Power to them or any Number of them by the faid Letters Patent to be determined, to execute or cause to be executed the Provifions of this A&t in the Manner herein mentioned, and for that Purpose to appoint a Secretary, and fuch Clerks and other Officers under them (the Number of fuch Clerks and other Officers being first approved of by the Lords Commiffioners of the Treafury or any Three of them) as they the faid Commisioners to be appointed for the Herring Fishery shall think fit; and alfo that it fhall be lawful for the faid Lords Commissioners of the Treafury, or any Three or more of them, to direct fuch Salaries or Allowances, and all fuch other Expences as fhall be incurred in the Execution of this Act, to be paid to fuch Secretary, Clerks, and other Officers, as the faid Lords Commiffioners of the Treasury fhall approve of; provided always, that no Perfon fhall act as a Commiffioner under the Authority of this Act, who fhall be concerned directly or indirectly in the White Herring Fishery.

Cath of h
Commitioners
for the Herring
Fishery.

Said Commiffioners fhall make annual Reports to the General Board of Trustees and to Parliament.

VI. And be it further enacted, That the faid Commiffioners for the Herring Fithery, to be appointed by virtue of this Act, before they proceed in the Execution of the Powers and Authorities vested in them by this Act (fave only the Power of adminiftering the Oath herein-after mentioned) fhall feverally take and fubfcribe the following Oath; that is to say,

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A. B. do fwear, That I will faithfully and honeftly, according to the best of my Skill and Judgment, execute the feveral Powers and Trufts repofed in me, by an Act paffed in the Fortyeighth Year of the Reign of His Majefty King George the Third, 'intituled, An A&t [here infert the Title of this Act] according to the Terms and Purport of the faid 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, fo long as I fhall continue to act as a Commiffioner under the faid Act, be concerned, either directly or indirectly, as an Adventurer in the faid Fishery or as a Curer of Herrings. So help me GOD.'

*

Which Oath any One of the faid Commiffioners may administer to the other or others of them.

VII. And be it further enacted, That the faid Commiffioners for the Herring Fishery, appointed by virtue of this Act fhall, and they are hereby required to deliver in annually, on the First Day of June in every Year, to the Board of Trustees or Commiffioners for Fisheries and Manufactures in Scotland, appointed in pursuance of the above recited Acts, a full and accurate Report of their Proceedings for the Year preceding, and fhall alfo caufe to be laid before each Houfe of Parliament, within Fourteen Days after the Commencement of every Seflion, a Copy of the faid Report, figned by the faid Commiffioners of the Herring Fishery.

VIII. And be it further enacted, That it fhall be lawful for the

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Officer to be

Lords Commiffioners of the Admiralty to appoint a Commiffioned Admiralty fhall Officer in His Majefty's Navy as Superintendant of the Fishery de- appoint a Naval fcribed in this Act as the Deep Sea Fishery, for the Purpose of cauf- Superintendant ing the fame to be carried on according to the Regulations of this of the faid Deep Act, and alfo as well for preferving Order among the Perfons em- Sea British ployed thercin, as for protecting them and their Veffels againft Ene- White Herring mies, which Perfon fo to be appointed Superintendant, fhail annu- Fishery. ally proceed in a proper Veffel or Veffels of fufficient Force, to be provided for that Purpofe, to Braffey Sound in Shetland (which is hereby appointed to be the Place of Rendezvous of the faid Deep Sea British White Herring Fishery) fo as to arrive there before the Fif teenth Day of June, and the faid Superintendant fhall remain with. the Veffels which fhall be employed in the Fifhery during the Continuance thereof for the Seafon; and fhall, as often as he fhall be required tranfmit to the Lords Commiffioners of the Admiralty and to the Commiffioners for the Fithery, a Lift of the Bufles or Veffels employed in the faid Fishery, together with the Number and Ages of the Men employed on board thereof, diftinguishing the Capacities in which they refpectively act.

IX. And be it further enacted, That the Officer who fhall be appointed Superintendant as aforefaid, thall take and fubfcribe the Oath following, which Oath any One of the Commiffioners for the Fishery, or any Juftice of the Peace, fhall be authorized to adminifter:

I A. B. do folemnly fwear, That I am not, directly or indirectly, Oath of concerned as an Adventurer in the White Herring Fifhery or in Superintendant, other Fishery, or as a Curer of Fifh; and that I will not be • concerned therein, either directly or indirectly, during the Time I • shall act as Superintendant of the White Herring Fishery.

any

'So help me GOD.'

X. And be it further enacted, That it fhall be lawful for the Lords Commiffioners of His Majesty's Treafury, or any Three or more of them, to appoint Perfons at the refpective Places on the Coast of Great Britain, where Herrings are caught or cured, and at the Ports or Places where Veffels are ufually fitted out for the Brif Herring Fifery, and where Veffels employed in the faid Fifhery ufually difcharge their Cargoes, and alfo at the Ports of Exportation, to overlock the curing of all Herrings caught, to take an Account of and clear out all Salt, Nets, Barrels, and other Stores fhipped or put on beard any Bufs, Veffel, or Boat for the faid Fifhery, and to infpect and take Account of all Herrings landed or exported, and to certify whether the Fifh are properly pined, cured, and packed, fo as to be entitled to the Bounty of Two Shillings per Barrel hereby granted, or fit to be exported; provided always, that no Perfon fhall be appointed an Officer for the Performance of any of those Duties unless fuch Perfon fhall have exercifed the Trade of a Cooper, and been employed in the curing and packing of Herrings, and shall be skilful therein, and fully qualified to execute the Duties which will be required of him under the Provifions of this Act, Certificates of which Qualifications fhall be tranfmitted to the Lords Commiffioners of His Majefty's Treafury, by fuch Perfons and in fuch Manner as fhall be fatisfactory to the faid Lords Comiffioners; and every fuch Officer, fo to be appointed, fhall obey fuch Inftructions, Orders, or Directions

Treafury hall

appoint Officers of the Fifery: who fhall obey Commifioners uf the Fishery.

Orders of the

as

Oath of Officers of the Fishery and Secretary, Officers and Clerks.

No Net fhall be fed having a

Meth of less than

One Inch.

as he fhall from Time to Time receive from the faid Commiffioners for the Herring Fishery, to be appointed by virtue of this Act, fignified under their Hands or under the Hand of their Secretary.

XI. And be it further enacted, That the Secretary, and every Clerk or Officer of the Fishery to be appointed by virtue of this A&t, fhall be liable to be fufpended or difmiffed from his Office or Employment refpectively, by the faid Commiffioners for the Herring Fishery, either for Incompetency or for Neglect of Duty; provided always, that every fuch Officer of the Fishery, and the Secretary, and every Officer and Clerk under the Commiffioners for the Herring Fishery, appointed by virtue of this Act, fhall, previous to his entering upon the Duties of his Office, take and fubfcribe the following Oath:

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A. B. do fwear, That I will faithfully and honeftly, according
to the best of my Skill and Judgment, execute the Office and
Truft committed to me, of [the Name of the Office to be here men
tioned] and that I am not, directly or indirectly, concerned as an
Adventurer in the White Herring Fifhery, or in any other Fishery,
' or as a Curer of Fish, nor will I, fo long as I fhall continue to act as
[the Name of the Office to be here mentioned] be concerned, either
directly or indirectly, as an Adventurer in the faid Fifhery or as a
Curer of Fish.
So help me GOD.'

Which Oath any One of the faid Commiffioners for the Herring
Fishery may administer to fuch Officer.

XII. And be it further enacted, That from and after the First Day of June One thoufand eight hundred and nine, no Perfon fhall ufe in any River or Lock or at Sea, in or on the Coast of Great Britain, any Herring Net, or any Traul Net, Drag Net or other Sea Net for the taking of Herrings, which hath a Mesh of less than One Inch from Knot to Knot, or any falfe or double Bottom Cod or Pouch, or fhall put any Net, though of legal Size, behind the others to deftroy the fmall Fish, and that every Perfon offending herein fhall forfeit every fuch Net as aforefaid, and the Sum of Penalty 401., &c. Forty Pounds for every fuch Offence; and it fhall be lawful for the Commiffioners for the Herring Fishery, to be appointed pursuant to this Act, to caufe every fuch Net to be burnt.

How Buffes fhall be fitted out to entitle them to

claim the Bounty on Tonnage.

XIII. And be it further enacted, That no Bufs or Veffel fhall be deemed to be properly fitted out for, and to be duly employed in the British Deep Sea White Herring Fishery, fo as to entitle the Owner or Owners to any Bounty on the Tonnage thereof by virtue of this A&t, unless fuch Bufs or Veffel fhall have on board (put up in new Barrels) Sixteen Bushels of Salt at the leaft for every Laft of Herrings which fuch Bufs or Veffel fhall be capable of containing, and alfo as many more new Barrels as fuch Bufs or Veffel is capable of carrying; nor unless fuch Bufs or Veffel fhall have on board Three hundred Square Yards of Netting at the leaft for every Ton of her Admeasurement, together with the customary Quantity of other Materials, for the Equipment and mounting of the Quantity of Netting hereby required to be provided; nor unless fuch Bufs or Veffel fhall be manned with the Number of Men following at the leaft: that is to fay, with Ten Men if fuch Bufs or Veffel fhall not exceed the Burthen of Sixty Tons; if the fhall exceed the Burthen of Sixty Tons, and fhall be under the Burthen of Seventy Tons, with Eleven Men; and if

fuck

fuch Bufs or Veffel fhall be of the Burthen of Seventy Tons or upwards, then with One Man more for every Ten Tons by which fuch. Bufs or Veffel fhall exceed Seventy Tons, Two of which Number refpectively may be foreign Seamen experienced in the Deep Sea Herring Fishery, any Thing in any Law to the contrary notwithstanding; provided always, that no Bufs or Veffel which fhall exceed the Burthen of One hundred Tons, fhall be required to have on board any greater Quantity of Salt, or of Netting or Materials for the mounting thereof, or any greater Number of Men, than a Veffel of the Burthen of One hundred Tons is hereby required to have on board, or any greater Number than Five hundred Barrels; provided alfo, that it shall not be deemed neceffary for any Bufs or Veffel to have on board the full Number of Men hereby required, until her Arrival at the Rendezvous of the faid Deep Sea Fishery.

XIV. And be it further enacted, That in order to entitle the Owner of every Bufs or Veffel who fhall claim any Bounty on the Tonnage thereof, to receive the fame by virtue of this Act, fuch Bufs or Veffel fhall be cleared out from the Port in Great Britain where such Bufs or Veffel was bona fide fitted for her intended Voyage, and fhall proceed directly to Braffey Sound in Shetland, where the fhall arrive on or before the Twenty-fecond Day of June in each Year, and the Crew fhall not fhoot or wet the Nets before the Twenty-fourth Day of the fame Month, from which Day they shall continue to fish in Manner herein described on the Coasts of Great Britain or Ireland, until the Fifteenth Day of September following, unless before the laft-mentioned Day the Quantity of Herrings taken in the faid Bufs or Veffel, and cured and packed on board thereof, fhall amount to Four Barrels of Herrings not repacked, or in the State in which they are called Sea Sticks, for every Ton not exceeding One hundred Tons of the Admeasurement of fuch Bufs or Veffel; and that no Fifh other than Herrings shall be taken or cured by the Crew of fuch Bufs or Veffel, nor fhall any Fish not taken by the Crew thereof be received on board the fame, during the whole Course of the Voyage, fave only for the Suftenance of the Crew; and that all the Herrings which fhall be taken by the Crew of fuch Bufs or Veffel, and cured and packed on board thereof, shall be landed in Great Britain.

XV. And be it further enacted, That the Owner or Owners or any One of them, or the Agent of the Owner or Owners of any Bufs or Veffel who fhall intend to fit out the fame for the Deep Sea British White Herring Fishery, and in respect thereof to claim any Bounty on the Tonnage thereof by virtue of this Act, fhall give Notice thereof in Writing under his or their Hand or Hands, to the Officer of the Fifhery appointed in that Behalf at or for the Port or Place where fuch Bufs or Veffel fhall be intended to be fitted out, and fhall in fuch Notice specify the Name of fuch Bufs or Veffel, the Port to which the belongs, whether he was actually built in the British Dominions, or was taken and condemned as lawful Prize; the Name or Names of the Owner or Owners and of the Mafter thereof refpectively, the Tonnage thereof according to the Regifter, and the Date of the Regiftry of fuch Veffel; and fhall also therein declare, that the faid Bufs or Veffel is fufficient, and in every Refpect fit and proper for fuch Voyage and Fishing as aforefaid; and fhall fpecify alfo the Quantity of Salt, the whole Number of Barrels, diftinguishing those which are filled with Salt from those which are empty;

the

Defcription of the Voyage to be made by Butles

to obtain the faid Tonnage Bounty.

Regulations for fitting and clearing out Buffes at the Port of Out

fit to obtain the faid Tonnage Bounty.

Owner or Agent, and Mafter,, fball make Oath,

and give Bond,

the Quantity of Netting with Materials for mounting the fame, and the Quantities and Sorts of Provifions for the Crew during the Voy. age, which fhall be intended to be shipped or put on board fuch Bufs or Veffel; and the Officer to whom fuch Notice fhall be given, or fuch other Officer as fhall be thereunto duly appointed, fhall go on board fuch Bufs or Veffel, and view the Condition thereof, and fhall examine the Register to afcertain the Accuracy of the Statement of her Tonnage, and alfo fhall examine and take Account of the Quantity of Salt, and of the feveral and refpective Sorts of Stores and Provifions ftated to be intended to be put on board fuch Bufs or Vessel in fuch Notice, and fhall fee the fame fhipped or put on board accordingly; and if it fhall appear to him that fuch Bufs or Veffel is fufficient, and in every Refpect fit and proper for fuch a Voyage, and is ftored, victualled, and fitted out in Terms of fuch Notice, and according to the Regulations of this Act, the faid Officer fhall certify the fame on the Back of the Notice, and One or more of the Owners or their Agent, and the Master of fuch Bufs or Veffel, fhall refpectively make Oath be fore an Officer of the Fishery, that it is truly his determined Purpofe that fuch Bufs or Veffel as then furnished and provided, fhall forthwith, after Licence fhall be granted, proceed to Braffey Sound in Shetland, and be there on or before the Twenty-fecond Day of June, having on board not less than fuch a Number of Men (to be mentioned in the Oath) as fuch Bufs or Veffel is hereby required to have on board, and shall not fhoot or wet her Nets before the Twenty-fourth Day of the fame Month of June, and fhall fish for Herrings in the Deep Sea Fishery in Manner following; that is to fay, the Crew shall shoot and haul the Nets directly from and into the faid Bufs or Veffel, without the Inter vention or Ufe of a small Boat, the Nets being attached to the Veffel while they are fet, the Veffel not being at Anchor when the Crew are fhooting the Nets, during the Time the Nets are fet, nor while the Crew are hauling or taking them in; and fhall cure all the Herrings taken or caught in the faid Nets in Barrels and not in Bulk on board fuch Bufs or Veffel, and that the Crew of the faid Bufs or Veffel fhall fo continue fifhing in the Deep Sea British White Herring Fishery, upon the Coafts of Great Britain or Ireland, in an orderly and regular Manner, and without impeding or obftructing the Crew of any other Veffel which fhall be employed in the faid Fishery, from the faid Twenty-fourth Day of June until the Fifteenth Day of September in every Year, unlefs before the laft-mentioned Day the Herrings taken or caught and cured in Manner aforefaid by the Crew of the faid Bufs or Veffel, fhall amount to or exceed the Propor tion of Four Barrels of Herrings not re-packed, or in the State in which they are commonly called Sea Sticks, and that no Fish other than Herrings fhall be taken or cured by the Crew of fuch Bufs or Veffel, nor any Fish not caught or taken by the Crew thereof received on board the fame, during the whole Courfe of the Voyage, fave only for the Suftenance of the Crew during the Voyage, and that all the Herrings which fhall be taken by the Crew of fuch Bufs or Veffel, and cured and packed on board thereof, fhall be landed in Great Britain, which Oaths, fubfcribed by the respective Parties making the fame, and alfo the faid Notice, with fuch Certificate indorfed thereon as aforefaid, shall be tranfmitted by the faid Officer to the Com miffioners to be appointed pursuant to this Act, and the Master of the faid Bufs or Veffel; and the Owner or One of the Owners, or the Agent of the Owners, fhall with One or more fufficient Surety

or

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