allowed a sum'ac

and as an paid on the last day of December annually, tò equivalent, each sish- the owner of every vessel or his agent, by the ing vessel collector of the district where fuch vessel

may belong, that shall be qualified agreeably to law, cording to for carrying on the bank and other cod fishto exceed eries, and that shall actually have been employ170 dollars. ed therein at fea for the term of four months

at the least, of the fishing season, next preceding which season is accounted to be from the last day of February to the last day of November in every year, for each and every ton of fuch vessel's burthen according to her admea. surement as licensed 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 shall accrue and be long to the owner of such fishing veffel, and the other five eights thereof shall be divided by him, his agent or lawful representative, to and among the several fishermen who shall have been employed in such vessel during the season aforesaid, or a part thereof, as the case may be, in such proportions as the fish they shall respectively have taken may bear to the whole quantity of fish taken on board fuch vessel during such season: Provided, That the allowance aforesaid on any one vessel, for one feafon, shall not exceed one hundred and seven

ty dollars.

Sec. 2. And be it further enacted, That on Annual al- the last day of December annually, as afore. fithing vel said, there shall also be paid to the owner of fels above s every fishing boat or vellel of more than five

tons, and less than twenty tons, or to his agent or lawful representative, by the collector of the district where such boat or vefsel may belong, the sum of one dollar upon every ton admea

ions,

surement of such boat or vessel ; which allow. ance shall be accounted for as part of the proceeds of the fares of faid boat or veffel, and fhall accordingly be fo divided among all per. fons interested therein : Provided bowever, That this allowance fhall be made only to fuch boats or vessels as shall have actually been em. ployed at sea in the cod fishery for the term of four months at the least of the preceding season: And provided also, That such boat or vessel shall have landed in the course of said

under what preceding season, a quantity of fish not less

relations than twelve quintals for every ton of her admeasurement; the faid quantity of fiih to be ascertained when dried and cured fit for exportation, and according to the weight thereof, as the same shall weigh at the time of delivery "when actually fold; which account of the weight, with the original adjustment and settlement of the fare or fares among the owners and fishermen, together with a written account of the length, breadth and depth of said boat or velfel, and the time she has actually been employed in the fishery in the preceding seafon, shall in all cases be produced and sworn or affirmed to, before the said collector of the district, in order to entitle the owner, his agent or lawful representative, to receive the allowance aforesaid. And if at any time within one year

after payment of such allowance, it hall ap· pear that any fraud or deceit has been practised in obtaining the same, the boat or vessel upon which such allowance shall have been paid, if found within the district aforesaid, shall be forfeited; otherwise the owner or owners having practised such fraud or deceit, shall forfeit and pay one hundred doilars; to besued for, recoveredand appropriated in like manner as forfeitures VOL. II.

C

and penalties are to be sued for, recovered and appropriated for any breach of an act, entitled, “ An act to provide more effectually for the collection of the duties imposed by law on goods, wares and merchandize imported into the United States, and on the tonnage of ships

or vessels."

Owners of

this .

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 proceed to obtain the" or lawful representative, fhall previous to re. allowances čeiving the allowance which is provided for in anted by this act, produce to the collector who is authori

zed to pay the same, the original agreement or agreements which may have been made with the fishermen employed on board such vessel, as is herein before required, and also a certificate to b2 by him or them subscribed, therein mentioning the particular days on which such veffel failed and returned on the several voyages or fares, she may have made in the preceding fishing season, to the truth of which they shall fwear or asfirm before the collector aforesaid.

Sec, 4. And be it further enacted, That no fhip or vessel of twenty tons or upwards, employed as aforesaid, shall be entitled to the al. lowance granted by this act, unless the skipper or master thereof shall, before he proceeds on any fishing voyage, make an agreement in wri. ting or in print, with every fisherman employ

ed therein, excepting only any apprentice or fervant of himself or owner; and in addition to fich terms of shipment as may be agreed on, Ihall in such agreement express whether the

fame is to continue for one voyage or for the fishing season, and shall also express that the fish or the proceeds of such fishing voyage or

voyages which may appertain to the fishermen, Owners of
thall be divided among them in proportion to fela how to
the quantities or number of said fish they may proceed to
tespectively have caught; which agreement allowances
fhall be endorsed or countersigned by the own- granted by
er of such fishing vessel, or his agent : And if this act:
any fisherman having engaged himself for a
voyage or for the fishing seafon, in any fishing
vessel, and signed an agreement therefor as
aforesaid, shall thereafter and while fuch agree.
ment remains in force and to be performed,
desert or absent himself from such vessel, with.
out leave of the master or skipper thereof, or
of the owner or his agent, fuch deferter shall
be liable to the same penalties as deserting sea-
men or mariners are subject to in the mera
chant's service, and may in the like manner, and
upon the like complaint and proof, be appre-
hended and detained ; and all costs of process
and commitment if paid by the master or own-
er, shall be deducted out of the share of fish,
or proceeds of any fishing voyage to which
fuch deserter had or shall become entitled.
And any fisherman, having engaged himself as
aforesaid, who shall during such filhing voyage,
refuse or neglect his proper duty on board the
fishing veffel, being thereto ordered or requir-
ed by the master or skipper thereof, or shall
otherwise resist his just commands, to the hin-
drance or detriment of such voyage, beside
being answerable for all damages arising there-
by, fall forfeit to the use of the owner of such
vessel, his share of the allowance, which fall
be paid upon fuch voyage as is herein granted.

5. And be it further enacted, That where
an agreement or contract shall be so made and
signed, for a fishing voyage or for the fishing
season, and any filh which may have bech

: Sec.

this act.

Caners of caught on board such vessel during the same,
fels how to shall be delivered to the owner or to his agent,
proceed to for cure, and shall be sold by said owner or
obiain the
alkwandt's agent, such vessel fhall for the term of fix
granted by months after such fale, be liable and answera.

ble for the skipper's and every other fisher.
man's share of fuch fish, and may be proceeded
against in the same form, and to the fame ef-
fect as any other vessel is by law liable, and
may be proceeded against for the wages of
feamen or mariners in the merchant's service.
And upon such process for the value of a share
or shares of the proceeds of fish delivered and
fold as aforesaid, it shall be incumbent on the
owner or his agent, to produce a just account
of the sales and division of such fiih according
to such agreement or contract, otherwise the
faid vesel shall be answerable upon such pro-
cess for what may be the highest value of the
share or shares demanded. But in all cases,
the owner of such vessel or his agent, appear-
ing to answer to such process, may offer therea
upon his account of general supplies made for
such fishing voyage, and of other supplies there.
for made, to either of the demandants, and shall
be allowed to produce evidence thereof in an-
fwer to their demands respectively, and judge
ment fhall be rendered upon such procels, for
the respective balances, which upon
enquiry shall

appear : Provided always, That when process fhall be issued against any vessel liable as aforesaid, if the owner thereof or his agent will give bond to each fisherman in whose favour such process shall be instituted, with sufficient security, to the fatisfaction of two justices of the peace, one of whom fhall be med by such owner or agent, and the other by the filherman or fishermen pursuing such

such an