eight. §4. [And] it shall be lawful for his Majesty, by letters patent under the same great seal, to nominate and appoint any number of such trustees or commissioners as aforesaid, not exceeding seven, to be commissioners especially for overseeing, directing, and better improving, the white herring fishery, with power to execute, or cause to be executed, the provisions of this act in the manner herein mentioned, and for that purpose to appoint a secretary, and clerks, and other officers under them, &c.-Provided always, that no person shall act as a commissioner under the authority of this act, who shall be concerned directly or indirectly in the white herring fishery. § 5.

Commissioners to be sworn.-The commissioners for the herring fishery, to be appointed by virtue of this act, before they proceed in the execution of the powers and authorities vested in them, (save only the power of administering the oath hereinafter mentioned,) shall severally take and subscribe an oath; which oath any one of the said commissioners may administer to the other or others of them. § 6. Commissioners to make report.-[Annual report since directed by the act 55 Geo. III. c. 94. § 4. hereafter.] § 7.

to be made as See the abstract

Appointment of a superintendent. § 8.-This is repealed by 1 and 2 Geo. IV. c. 79.

Treasury to appoint officers, &c.-It shall be lawful for the lords commissioners of his Majesty's treasury, to appoint persons at the respective places on the coasts of Great Britain, where herrings are caught or cured,—and at the places where vessels are usually fitted out for the British herring fishery,—and where vessels employed in the said fishery usually discharge their cargoes,—and also at the ports of exportation to overlook the curing of all herrings caught, to take an account of, and clear out all salt, nets, barrels, and other stores, shipped or put on board any buss, vessel, or boat, for the said fishery, and to inspect and take account of all herrings landed or exported,- and to certify whether the fish are fit to be exported :-Provided always, that no person shall be appointed unless he shall have exercised the trade of a cooper, and been employed in the curing and packing of herrings, and be skilful therein, &c. and every such officer shall obey such instructions, or orders, as he shall receive from the commissioners for the herring fishery, signified under their hands, or under the hand of their secretary. § 10.

Officers of the fishery, &c. to be sworn.-The secretary, and every clerk or officer of the fishery, shall be liable to be suspended or dismissed from his office by the commissioners for the fishery, either for incompetency or for neglect of duty; and such officers of the fishery, and the secretary, and every clerk appointed by virtue of this act, shall, previous to his entering upon his office, take and subscribe the following oath :

I, A. B., do swear, that I will faithfully and honestly, according to the best of my skill and judgment, execute the office and trust committed to me, of [the name of the office to be here mentioned] and that I am not, directly or indirectly, concerned as an adventurer in the white herring fishery, or in any other fishery, or as a curer of fish, nor will I, so long as I shall continue to act as [the name of the office to be here mentioned] be concerned, either directly or indirectly, as an adventurer in the said fishery, or as a curer of fish, So help me God.

Which oath any one of the commissioners for the fishery may administer. § 11.

Quality of nets. From the first day of June, 1809, no person shall

use 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 false or double-bottom cod or pouch,—or shall put any net, though of legal size, behind the others to destroy the small fish, and that every person offending herein, shall forfeit every such net, and the sum of forty pounds, for every such offence and it shall be iawful for the commissioners to cause every such net to be burnt. § 12. Herrings taken every day to be distinguished.-The herrings taken, cured, and packed, on each day, shall be distinguished from all other herrings by a mark, to be set on the barrels in which the same shall be packed, in such manner as shall be prescribed by any regulation of the commissioners, and shall denote whether the same were cured and packed gutted,—or were cured and packed ungutted, &c.; and marks or characters shall not be at any time effaced or altered. § 17.

Powers and duties of the superintendent, &c.—It shall be lawful for the superintendent* of the fishery, or any person or persons acting by his orders, at all times whenever he shall think fit,—either at sea, during the continuance of the fishery, or after the return from the fishery, to go on board any of the vessels employed in the fishery under his superintendence, and to inspect the manner in which the herrings are taken, cured, and packed, and whether the master and other persons on board the same are in all respects carrying on and prosecuting the said fishery in the manner hereby required;-and if any person or persons shall attempt to impede or obstruct any other person in the lawful prosecution of the fishery, it shall be lawful for the said superintendent to employ force to compel him or them to preserve order;—and if it shall appear to the superintendent that the master or any part of the crew are or were not in all respects carrying on and prosecuting the fishery in the manner hereby required, or had attempted to impede or obstruct any other person or persons in the lawful prosecution of the said fishery, he shall report the same to the commissioners, and shall deliver one copy of such report under his hand, to the master of such vessel;-and if any person or persons shall resist or obstruct such superintendent, or any person acting under him, every one so offending shall forfeit and pay the sum of one hundred pounds. § 18.

Officer of the fishery to attend the landing. The officer of the fishery at each port shall attend the landing of the herrings, and of the salt which has not been used, and the barrels (if any) not used, and the nets out of each buss or vessel which shall have arrived, and shall take a particular account thereof, and certify such inspection and examination, together with his observations thereon, &c. &c. § 24.

Mariners exempt from being impressed.-The mariners employed in every buss or vessel, not being more than the complement required to be on board the same, are hereby protected from being impressed into his Majesty's service, during so long a time as such vessel shall be actually carrying on the said fishery, and until her voyage home to the port of her discharge shall be fully completed. § 27.

Officers to act in absence of superintendent.—In case of the absence of the superintendent of the fishery, from illness, or other unavoidabie cause, any officer of the fishery, authorized by the commissioners, is hereby required to do and perform every matter or thing which is

* Vide 1 and 2 Geo. IV. c. 79. § 2. page 787.

hereby required to be done and performed by the superintendent at the rendezvous, or while the fishery shall be going on.

§ 29. Regulations for clearing out vessels with salt, &c.—Whenever any vessel or boat shall be intended to be fitted out at any place in Great Britain, where an officer of the fishery shall be stationed for the British herring fishery, the person intending so to fit out such vessel or boat, shall give notice thereof in writing to the said officer at such place, specifying the quantity of salt, the quantity of netting, the number of barrels, and the quantity of other stores, which he intends to put on board the said vessel or boat, which he shall not ship or put on board without the presence of such officer;-and the officer shall examine the stores which shall be tendered to be shipped, and see the same put on board, and shall give the master a certificate that the said stores, specifying the quantities and sorts thereof respectively, were so shipped or put on board in his presence,* mentioning the name of the said vessel or boat, and the name of the master ;—and if any salt, barrels, nets, or other fishing-stores, shall be shipped or put on board any such vesse! or boat as aforesaid, for the British herring fishery, before such notice shall be given, or without the presence of such officer as aforesaid, or be removed thence in such vessel or boat without such certificate, as aforesaid, the same shall be forfeited, and shall and may be seized by any officer of the fishery, or of the customs or excise. § 31.

Regulations with respect to vessels or boats cleared out with salt, &c. -The master of every vessel or boat which shall proceed to the fishery, having on board salt to be used in the curing of herrings, shall keep an account of the quantity of herrings which he shall cure, or cause to be cured, every day, and of the quantity of salt used in the curing thereof,† and shall mention in such account the name of the lock, bay, or other place, on the coast, where such herrings shall be cured, and the manner in which the same shall be cured, namely, whether in barrels or in bulk, whether gutted or ungutted, whether on board or on shore, and whether by the crew of such vessel or boat, or by persons residing on shore, and by a mark or marks to be set on the barrel or barrels in which the same shall be cured, according to the regulations of this act the quantity of herrings cured in barrels every day to be distinguished from all other herrings, and the quantity of herrings cured ungutted from the quantity cured gutted, in which account shall be specified, such mark or marks set on the barrels respectively, and the number of barrels of herrings so cured, with the marks set thereon, which shall be shipped or put on board such vessel or boat every day;— and if any quantity of such herrings shall be shipped or put on board any other vessel or boat, to be carried to any port in Great Britain, the number of barrels of herrings, with the marks set thereon, shall be specified in such account, with the name of such other vessel, and the port for which the same shall be bound, which account, signed by the said master, together with the said certificate, by the officer of the fishery in whose presence the said salt was shipped in such vessel or boat, the said master shall bring with the herrings on board thereof, to any port or place of Great Britain, to which the same shall return or arrive for her discharge; and if any officer of the fishery shall be sta

This no longer required, see page 781.

+ So much of this clause as requires that the quantity of salt used every day shall be specified, has been repealed by the 55th Geo. III. c. 94. § 17; but the total quantity is still required. See the clause hereafter.

2

tioned at such port or place, the master shall (before any herrings or other article shall be unshipped) deliver the said account and certificate to such officer, and shall verify the account on oath before him, who shall attend the landing of the herrings, salt, and other stores, and take a particular account thereof; or, if no officer of the fishery shall be stationed at such port or place, he shall verify the account on oath before the chief officer of excise or customs there, or any justice of the peace, or other magistrate, and transmit the same, so verified on oath, with the certificate, to the nearest officer of the fishery; and the officer of the fishery to whom the account shall be so delivered or transmitted, shall upon demand deliver to the master a copy of the account, and of the oath by him made thereon, certified by the officer under his hand to be a true copy.* § 32.

Vessels arriving from the fishery with herrings cured with salt, carried out in a different vessel.-The master of every vessel or boat arriving from the British herring fishery, at any port or place of Great Britain, having on board herrings cured with salt, which had been carried from any place in Great Britain to the said fishery in a different vessel or boat, shall bring with the said herrings a declaration, signed by the master of the vessel or boat in which the salt was carried to the fishery, (with a copy endorsed thereon of the certificate by the officer of the fishery, in whose presence the salt was shipped,) which declaration shall express the name of the vessel or boat in which the herrings shall be shipped, the name of the master, the number of barrels of herrings shipped or put on board, with the marks set on the said barrels respectively, the day on which the herrings contained in each of the said barrels respectively were cured, and the manner in which the same were cured, as hereinbefore described, and what quantity of salt specified in the certificate, of which a copy shall be so endorsed on such declaration, was used in the curing thereof; which declaration shall be verified by the person making the same, upon oath, to be administered by the officer of the fishery at the place where the herrings shall be shipped or laid on board; or if there shall be no such officer there, then before any officer of the fishery near such place, or any officer of the customs or excise at or near the same, or before any justice of the peace, sheriff-depute, or substitute; which declaration so verified, the master of the vessel or boat arriving with the herrings, (before any part of the cargo thereof shall be unshipped,) shall deliver to the officer of the fishery at the place where he shall arrive for the discharge, who shall attend the landing of the cargo, and take a particular account thereof; and if no officer of the fishery shall be stationed at such port or place, then the master shall, in such case, transmit the declaration, verified as aforesaid, to the nearest officer of the fishery. § 33.

Herrings, salt, or other fishing-stores, landed contrary to the regu lations. If any herrings or salt, or other fishing stores, shall be landed, or unshipped with intent to be landed, out of any vessel or boat arriving from the fishery, at any place where an officer of the fishery shall be stationed, before such certificate and account to be kept by the master respecting the herrings cured as aforesaid, or such declaration so verified as aforesaid respectively, shall be delivered to, and such account verified on oath before the officer of the fishery as is herein directed, or without the presence of such officer, or shall be landed, or

* See 55 Geo. III. c. 94. § 21 page 783.

unshipped with intent to be landed at any port or place where no officer of the fishery shall be stationed, before such certificate and account, or such declaration, verified as aforesaid, shall be produced to, and such account verified on oath, before such officer of the excise or customs, or such justice of the peace or other magistrate as aforesaid respectively, and transmitted to the officer of the fishery nearest to such port or place, or without the presence of the proper officer of the customs, all such herrings, or salt, or other fishing stores, shall be forfeited, and shall and may be seized by any officer of the fishery, or of the customs or excise: Provided, that if any such herrings, salt, or other article, shall be seized on account of any error or omission of any thing required by this act to be done, which shall appear to the commissioners for the fishery not to have been wilful, it shall be lawful for them to wave the forfeiture of such articles, and to levy in lieu thereof on the parties a penalty not exceeding the sum of ten pounds. § 34.

Regulations respecting curers having salt stored at the fishery.— Whenever any person or persons having salt stored on shore at any place where the herring fishery is carried on, shall intend to cure berrings therewith, such persons shall, before they begin to cure herrings, give notice of their intention so to do to the officer of the fishery at or nearest to such place, and shall keep an account of the quantity of herrings cured every day, and of the quantity of salt used in the curing thereof, and shall in such account mention the manner in which the herrings be cured and before any such herrings, so cured and packed, shall be removed, or shall be shipped or put on board any vessel or boat, in order to be removed from the place where the same were so cured, the curer thereof shall deliver such account thereof, as aforesaid, to the officer of the fishery at or nearest to such place, and verify the same upon oath before such officer; and the said officer is required to give a copy of such account, and of the oath thereon, certified by him to be a true copy, to the person by whom the same shall be so delivered and verified as aforesaid.* § 35.

White herrings repacked going coastwise for exportation.-Whenever any white herrings repacked shall be intended to be shipped or put on board any vessel or boat, at any port or place in Great Britain, in order to be carried coastwise to any other port or place therein, in order to be exported thence for any port or place out of Europe, the person intending to ship the same shall give notice of such intention to the officer of the fishery at the port or place of shipping, and shall in such notice declare, that the said herrings were not repacked till after the expiration of fifteen days at least from the day when the same were first cured and packed, and such officer shall attend and see the same shipped; and if it shall appear that the herrings so shipped shall have been repacked, fifteen days at the least from the day when they were first cured and packed, the officer shall give a certificate thereof under his hand, to the master of the vessel or boat in which the herrings shall be so shipped, to be carried coastwise, specifying the marks ou the barrels, and the name of the vessel or boat in which the same shall have been so shipped, the name of the master, and the port for which the same shall be bound. § 39.

Herrings prohibited to be exported, &c.-No white herrings shall be exported or shipped, or tendered to any officer of the fishery or of the customs, to be shipped for exportation at any port or place in Great

* In part repealed by 55 Geo. III. c. 94. § 20. page 783.