« ΠροηγούμενηΣυνέχεια »
(ACT of July 29th, 1813.) shall be sold by said owner or agent, such vessel shall, for the term of six months after such sale, be liable and answerable for the skipper's and every other fisherman's share of such fish, and may be proceeded against in the same form, and to the same effect, as any other vessel is by law liable and may be proceeded against for the wages of seamen or mariners in the merchant ser. vice. And upon such process for the value of a share or shares of the proceeds of fish delivered and sold as aforesaid, it shall be incumbent on the owner or his agent to produce a just account of the sales and division of such fish, according to such agreement or contract; otherwise the said vessel shall be answerable, upon such process, 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, appearing to answer to such process, may offer thereupon his account of general supplies made for such fishing voy. age, and of other supplies therefor made, to either of the demandants, and shall be allowed to produce evidence thereof in answer to their demands, respectively: and judgment shall be rendered upon such process for the respective balances which, upon such an inquiry, shall appear: Provided, always, That when process shall be issued against any vessel liable as aforesaid, if the owner thereof, or his agent, will give bond to each fisherman in whose favor such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, one of whom shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel: Provided, That nothing herein contained shall prevent any fisherman from having his action at common law for his share or shares of fish, or the proceeds thereof, as aforesaid.
ACT of July 29th, 1813. 4 Bioren, 582. An act laying a duty on imported salt, granting a bounty on pickled fish exported,
and allowances to certain vessels employed in the fisheries. 3. Sec. 11. On all pickled fish of the fisheries of the United States, exported therefrom subsequent to the last day of December, one thousand eight hundred and fourteen, there shall be allowed and paid a bounty of twenty cents per barrel, to be paid by the collector of the district from which the same shall be so exported, without any deduction or abatement: Provided always, That, in order to entitle the exporter or exporters of such pickled fish to the benefit of such bounty or allowance, the said exporter or exporters shall make entry with the collector and naval officer of the district from whence the said pickled fish are intended to be exported; and shall specify in such entry the names of the master and vessel in which, and the place where, such fish are intended to be
(ACT of July 29th, 1813.) exported, together with the particular quantity; and proof shall be made, to the satisfaction of the collector of the district from which such pickled fish are intended to be exported, and of the naval officer thereof, if any, that the same are of the fisheries of the United States; and no entry shall be received, as aforesaid, of any pickled fish which have not been inspected and marked pursuant to the inspection laws of the respective states where inspection laws are in force, in regard to any pickled fish; and the casks containing such fish shall be branded with the words " for bounty,” with the name of the inspector or packer, the species and quality of the fish contained therein, and the name of the port of exportation; and the collector of such district shall, together with the naval officer, where there is one, grant an order or permit for an inspector to examine the pickled fish as expressed in such entry; and if they correspond therewith, and the said officer is fully satisfied that they are of the fisheries of the United States, to lade the same, agreeably to such entry, on board the ship or vessel therein expressed; which lading shall be performed under the superintendence of the officer examining the same, who shall make returns of the quantity and quality of pickled fish so laden on board, in virtue of such order or permit, to the officer or officers granting the same. And the said exporter or exporters, when the lading is completed, and after returns thereof have been made as above directed, shall make oath or affirmation, that the pickled fish expressed in such entry, and then actually laden on board the ship or vessel as therein expressed, are truly and bona fide of the fisheries of the United States, that they are truly intended to be exported as therein specified, and are not intended to be relanded within the limits of the United States, and shall also give bond, in double the amount of the bounty or allowance to be received, with one or more sureties, to the satisfaction of the col. lector of the port or place from which the said pickled fish are intended to be exported, conditioned that the same shall be landed and left at some foreign port or place without the limits aforesaid; which bonds shall be cancelled at the same periods, and in like manner, as is provided in respect to bonds given on the exportation of goods, wares, and merchandise, entitled to drawback of duties: Provided always, That the said bounty or allowance shall not be paid until at least six months after the exportation of such pickled fish, to be computed from the date of the bond, and until the exporter or exporters thereof shall produce to the collector, with whom such outward entry is made, such certificates, or other satisfactory proof, of the landing of the same as aforesaid, as is made necessary for cancelling the bonds given on the exportation of goods entitled to drawback: And provided also, That the bounty or allowance as aforesaid, shall not be paid unless the same shall amount to ten dollars, at least, upon each entry.
4. Sec. II. No bounty, drawback, or allowance, shall be made under the authority of this act, unless it shall be proved to the sa(ACT of July 29th, 1813.) tisfaction of the collector that the pickled fish for which the bounty, drawback, or allowance, shall be claimed, was wholly cured with foreign salt, and on which a duty shall have been secured or paid.
5. SEC. iv. If any pickled fish shall be falsely or fraudulently entered, with intent to obtain the bounty or allowance on their exportation, as here provided, when the said fish are not entitled to the same, the said fish, or the value thereof, to be recovered of the person making such false entry, shall be forfeited.
6. Sec. v. From and after the last day of December, one thousand eight hundred and fourteen, there shall be paid, on the last day of December, annually, to the owner of every vessel, or his agent, by the collector of the district where such vessel may belong, that shall be qualified, agreeably to law, for carrying on the bank and other cod fisheries, and that shall actually have been employed therein at sea 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 such vessel's burthen, according to her admeasurement as licensed or enrolled, if of twenty tons, and not exceeiling thirty tons, two dollars and forty cents; and if above thirty tons, four dollars, of which allowance aforesaid three-eighth parts shall accrue and belong to the owner of such fishing vessel, and the other five-eighths 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 such vessel during such season: Provided, That the allowance aforesaid on any one vessel, for one season, shall not exceed two hundred and seventy-two dollars. [Infra, 13, 14.]
7. Sec. vi. From and after the last day of December, one thousand eight hundred and fourteen, there shall also be paid, on the last day of December, annually, to the owner of every fishing boat or vessel 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 vessel may belong, the sum of one dollar and sixty cents upon every ton admeasurement of such boat or vessel, which allowance shall be accounted for as part of the proceeds of the fares of said boat or vessel, and shall accordingly be so divid. ed among all persons interested therein: Provided, however, That this allowance shall be made only to such boats or vessels as shall have been actually employed 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 preceding season, a quantity of fish not less than twelve quintals for every ton of her admeasurement; the said quantity of fish
(ACT of February 9th, 1816.) 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 sold; 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 vessel, and the time she has actually been employed in the fishery in the preceding season, 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 allowances aforesaid. And if at any time within one year after
payment of such allowance, it shall appear 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 own. ers, having practised such fraud or deceit, shall forfeit and pay one hundred dollars, to be sued for, recovered, and distributed, in the same manner as forfeitures and penalties are to be sued for, recovered, and distributed, for any breach of the act, entitled “ An act to regulate the collection of duties on imports and tonnage.” [Infra, 13, 14.]
8. Sec. vii. The owner or owners of every fishing vessel of twenty tons and upwards, his or their agent or lawful representative, shall, previous to receiving the allowance made by this act, produce to the collector who is authorised to pay the same, the original agreement or agreements which may have been made with the fishermen employed on board such vessel, as is hereinbefore required, and also a certificate, to be by him or them subscribed, therein mentioning the particular days on which such vessel sailed and returned on the several voyages or fares she may have made in the preceding fishing season, to the truth of which he or they shall swear or affirm, before the collector aforesaid.
9. Sec. VII. No ship or vessel of twenty tons or upwards, employed as aforesaid, shall be entitled to the allowance granted by this act, unless the skipper or master thereof shall, before he preceeds on any fishing voyage, make an agreement in writing, or in print, with every fisherman employed therein, according to the provisions of the act, entitled " An act for the government of persons in certain fisheries.”
10. Sec. ix. Any person who shall make any false declaration, in any oath or affirmation required by this act, being duly convicted thereof in any court of the United States having jurisdiction of such offence, shall be deemed guilty of wilful and corrupt perjury, and shall be punished accordingly.
(Sec. x, Limits the act to the 17th February, 1816. Infra, 11.]
ACT of February 9th, 1816. Pamphlet edit. 8. 11. The act, entitled “an act laying a duty on imported salt, (ACT of March 30, 1819.) granting a bounty on pickled fish exported, and allowances te certain vessels employed in the fisheries,” passed on the twentyninth day of July, in the year one thousand eight hundred and thirteen, shall be, and the same is hereby continued in force, any thing in the said act to the contrary thereof in any wise notwithstanding
ACT of April 4th, 1818. Pamphlet edit. 53. 12. Where any fishing vessel of the United States has been, since the eighteenth day of February, in the year one thousand eight hundred and fifteen, prevented, by illegal capture or seizure, under authority, or pretence of authority, from any foreign government, from fishing at sea, for any part of the term of four months required by law to be employed by such vessel in fishing, in order to entitle the owner of such vessel to the bounty or allowance prescribed by law, the time of the unlawful detention of such vessel shall be computed as a part of the said four months, and such bounty or allowance shall be paid accordingly: Provided, That such vessel has, in all other respects, complied with the requisites of the laws now in force.
ACT of March 3d, 1819. Pamphlet edit. 86. An act in addition to, and alteration of, an act, entitled “An act laying a duty
on imported salt, granting a bounty on pickled fish exported," &c. 13. Sec. 1. From and after the passing of this act, there shall be paid, on the last day of December, annually, to the owner, of every fishing boat or vessel, or his agent, by the collector of the district where such boat or vessel may belong, that shall be qualified, agreeably to law, for carrying on the Bank and other Cod fisheries, and that shall actually have been employed therein, at sea, for the term of four months, at 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 such boats or vessels, burden according to her admeasurement as licensed or enrolled, if of more than five tons, and not exceed. ing thirty tons, three dollars and fifty cents; if above thirty tons, four dollars; and if above thirty tons, and having had a crew of not less than ten persuns, and having been actually employed in the cod fishery, at sea, for the term of three and one half months, at the least, but less than four months, of the season aforesaid, three dollars and fifty cents: Provided, That the allowance aforesaid, on any one vessel, for one season, shall not exceed three hundred and sixty dollars.
14. Sec. 11. Such parts of the fifth and sixth sections of the act, hereby amended as are contrary to the provisions of this act, are hereby repealed.