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court of Newfoundland, or by bill, plaint, or information in any cortet of record at Westmioster: Provided always, that every such suit of prosecution, if the same be commenced in Newfoundland, shall be conmenced within one year; and if commenced in any court of record at Westminster, within two years. . $ 8.
Agreements to be produced by hirer in case of dispute.- In all cases where disputes shall arise concerning the wages, the birer or employer shall produce the contract or agreement, and also give a copy thereof to every such seaman or fisherman, if required. $9.
Fish and oil subject to payment of wages. All the fish and oil which shall be taken and made by the person or persons who shall hire or elk ploy sucht seaman or fisherman, shall be subject in the first place to the payment of the wages or shares of every such seaman or fisherman, and of the demands of such person or persons as shall bonâ fide supply bait to such seaman or fisherman for the use of the hirer or employer. $ 10. · Penalty on persons absenting themselves.-In case any such seaman or fisherman shall at any time wilfully absent himself from his duty without leave and consent, or wilfully neglect or refuse to work, accord. ing to his contract or agreement, such seaman or fisherman shall for every day, forfeit any number of days' pay or shares not exceeding thirty to such hirer or employer ; and if any such seaman or fisherman shall wilfully absent himself from his said duty for the space of fourteen days without leave, he shall be deemed a deserter, and shall forfeit to such hirer or employer all such wages as shall at the time of such desertion be due to him; and it shall be lawful for any justice or justices of the peace of Newfoundland, or the dependencies, to issue warrants to apprehend every such deserter, and on the oath of one or more witnesses, to commit him to prison, there to remain until the next court of sessions; and if found guilty of the offence at such court
, it shall be lawful for the said court to order such deserter to be imprisoned for not exceeding three calendar months, and afterwards to be put on board a passage ship, in order to his being conveyed back to the country whereto he belongs, in case such deserter be not a native of or settled within the colony. 11.
Instructions for fulfilling treaties, &c. with foreign states.- It shall be lawful for his Majesty, by advice of his council, from time to time to give orders and instructions to the governor of Newfoundland, or to any officers on that station, to fulfil the purposes of any treaty or treaties now in force between his Majesty and any foreign state or power; and in case it shall be necessary to that end, to give orders and instructions
. to the governor
or other officers aforesaid, to remove any stages, flakes train-fats, or other works whatever, for the purpose of carrying on the fishery, erected by his Majesty's subjects on that part of the coast of Newfoundland which lies between Cape Saint John passing to the north, and descending to the western coast of the said island to the place called Cape Raye, and also all ships, vessels, and boats belonging to his Majesty's subjects which shall be found within the limits aforesaid ; and also, in case of refusal to depart from within the limits aforesaid, to compel any of his Majesty's subjects to depart from thence.
Penalty on neglecting to comply with such instructions. If any person shall refuse, upon requisition made by the governor, or any officer acting under him, to depart from within the limits, or conform to such requisitions and directions as such governor or other officer shall make
or give, every such person so refusing or offending, shall forfeit fifty pounds sterling : Provided, that every such suit or prosecution, if in Newfoundland, shall be commenced within one year; and if in any court of record at Westminster, within two years. § 13.
Governor empowered to dispose of ship-rooms.—The governor of Newfoundland shall have power, and is hereby authorized to sell, lease, or dispose of all places within the said island of Newfoundland, commonly called “ship-rooms," as may not be already disposed of, to be held in the same manner as other property in Newfoundland : Provided, that nothing herein shall extend to the prejudice of any private right of any person whatever. § 14.
His Majesty may grant waste lands, &c.—It shall be lawful for his Majesty to grant to any persons any waste and unoccupied lands within the said colony, and which have not hitherto been granted to any person or persons ; any thing in any charter, or in any act of parliament, to the contrary notwithstanding. $15.
Recovery of penalties.-All penalties hereby imposed may be sued for and recovered in any court of record in the colony of Newfour and, or its dependencies, and shall be applied, one half to the benefit of any person who may sue or inform, and the other half to his Majesty, for ihe support of the government of the colony. $ 16.
Continuance of act. This act shall continue in force till 31st of December, 1832. 10 Geo. IV. c. 17.
2 and 3 Wm. IV. c. 79.
An Act to continue, until the 31st day of December, 1834, an Act of
the fifth year of his late Majesty, relating to the Fisheries in Newfoundland. [1st August, 1832.)
Whereas an act was passed in the fifth year of the reign of his late Majesty King George the Fourth, intituled “ An Act to repeal several Laws relating to the Fisheries carried on upon the Banks and Shores of Newfoundland, and to make Provision for the better Conduct of the said Fisheries for Five Years, and from thence to the End of the then next Session of Parliament.” And whereas by an act passed in the tenth year of his said late Majesty's reign the said recited act, together with certain other acts therein mentioned, were continued in force until the 31st day of December, 1832; and it is expedient that the said act be further continued ; be it therefore enacted, that the said act so passed as aforesaid in the fifth year of his said late Majesty's reign shall be and the same is hereby continued, and shall be and remain in force until the 31st day of December, 1834, and no longer.
GREENLAND AND DAVIS'S STRAITS FISHERY.
The Bounties and Regulations relating thereto having ceased, the acts are now omitted.
It may be useful here to remark that the Greenland Seas, and Davis's Straits, and Seas adjacent, were deemed, by the act 26 Geo. III. ch. Al. to extend to the latitude of 59° 30" north, and no further.
For the Treaty with the United States of America, respecting Americans fishing and drying fish on the coast of Newfoundlaud, see page 524.
CONSULAR FEES, &c.
In consequence of repeated representations made to the British Government, as well by Consuls as the Owners of Vessels and other persons, with respect to the remuneration to be paid to Consuls abroad for various duties required of them, the following act was passed, by which provision is made for their salaries and the regulation of their fees; and that no misunderstanding may prevail upon the subject, all the clauses relating thereto are given at length. The other clauses relate to different subjects.
Whenever any Order in Council shall be issued by virtue of that act to alter those fees, the same will be notified in the subsequent impressions of the work.
6 Geo. IV. c. 87.
An Act to regulate the Payment of Salaries and Allowances to British
Consuls at Foreign Ports, and the Disbursements at such Ports for cerlain public Purposes.
His Majesty may grant salaries to consuls.-It shall be lawful for his Majesty, by any order or orders to be issued by and with the advice of his privy council, to grant to all or any of the consuls general or consuls appointed by his Majesty to reside within any of the dominions of any Sovereign or foreign state or power in amity with his Majesty, such reasonable salaries as to his Majesty shall seem meet, and by and with such advice as aforesaid, from time to time to alter, increase, or diminish any such salaries or salary as occasion may require. $ 1.
Terms on which salaries shall be granted.-Such salaries shall be paid to such consuls without fee or deduction during bis Majesty's pleasure, and so long only as they shall be actually resident at the places at which they inay be so appeinted to reside, and discharging the duties of such their offices : but provision made for leave of absence. $ 2.
Salaries so granted to be in lieu of salaries and fees formerly paid. - The salaries so to be granted by his Majesty shall be taken and received by the said consuls general and consuls in lieu of and as a compensation for all salaries heretofore granted to them or any of them, and all fees of office and gratuities heretofore demanded, received, or taken by them of or from the masters or commanders of British ships, or of or from any other persons or person, for or in respect of any duties or services by such consuls general or consuls done, performed, or rendered, for or to any such masters or commanders, or other person or persons as aforesaid ; and no such consuls general or consuls shall, from and after the 1st of January, 1826, be entitled on account of any act, matter, or thing by him done or performed in the execution of such his office, or
on account of any service by him rendered to any masters or commander of British ships, or to any other person or persons, in the execution of such his office, to ask, demand, have, receive, or take any fees, recome pense, gratuity, compensation, or reward, or any sum or sums of money, save as hereinafter is excepted. § 3.
Certain fees allowed to be taken as mentioned in the tables A. and B. annexed. -- Provided always, that it shall be lawful for all consuls general and consuls appointed by his Majesty, and resident within the dominions of any Sovereign, or any foreign state or power in amity with his Majesty, to accept, take, and receive the several fees particularly mentioned in the tables to this present act annexed, marked with the letters (A.) and (B.), for and in respect of the several matters and things, and official acts and deeds particularly mentioned in the said schedules ; and that it shall be lawful for his Majesty, by any order or orders to be bg him made, by and with the advice of his privy council, from time to time, as occasion may require, to increase or diminish, or wholly to abolish, all or any of the fees aforesaid, and to establish and authorize the payment of any greater or smaller or new or additional fees or feel for or in respect of the several matters and things mentioned in the said schedules or any of them, or for or in respect of any other matter on thing to be by any such consul general or consul done or performed in the execution of such his office. $ 4.
Penalty on consuls demanding more fees than specified in the schedule or specified in any order in council.- In case any
consul general of consul appointed by his Majesty shall, by himself or deputy, or by any person authorized thereto in his behalf, ask, demand, receive, take, of accept, for or on account of any matter or thing by him done or performed in the execution of such his office, or for or on account or under pretence or by reason of any service or duty by him rendered, done, or performed in such his office for any person or persons whomsoever, any other or greater fee, reward, gratuity, gift, or remuneration than is meil tioned and specified in the said schedule, (or than shall be sanctioned and specified in or by any such order or orders in council as aforesaid.) the person or persons so offending shall forfeit and become liable to pay to his Majesty, his heirs and successors, any sum of sterling British money, not exceeding the amount of the salary of such person for one year, nor less than the twelfth part of such annual salary, at the discreti tion of the court in which such penalty may be recovered, and shall moreover upon a second conviction for any such offence forfeit such bis office, and for ever
after become incapable of serving his Majesty in the same or the like capacity. $ 5.
Tables of fees to be echibited at custom houses. ---A printed copy of the tables of fees allowed by this act, (or which may or shall be sanctioned Majesty in council,) shall be exhibited in a conspicuous manner, for the inspection of all persons, in the custoin house in the port of London, and in all other custom houses in the several ports and harbours of the United Kingdom of Great Britain and Ireland ; and printed copies thereof shall, by the collector or other
chief officer of customs in all such ports and harbours as aforesaid, be delivered gratuitously, and without fee or reward, to every master or commander of any ship clearing out of any such port or harbour, and demanding a copy thereof. $ 6.
Also al consul's office.- A copy of the said schedule or table of fees to this act annexed, (or which may be established and authorized by any such order or orders in council as aforesaid,) shall be hung up