864 APPENDIX TO BRITISH CASE. 



to sale in England, Wales, or in the town of Berwick upon Tweed. 

 but what shall be packed in lawful barrels or vessels, and which shall 

 be well, truly and justly laid and packed ; and shall be of one time of 

 taking, salting, saving or drying, and equally well packed in the 

 midst and every part of the barrel or vessel, and by a sworn packer; 

 and the vessel or barrel marked or branded by such sworn packer, 

 with a mark or brand denoting the gage of the barrel or vessel, and 

 the quantity, quality and condition of the herrings packed therein, and 

 the town or place where they were packed; (3) and the Bailiffs of 

 Great Yarmouth for the time being, and the Mayor, Bailiffs, or other 

 head officer for the time being of every port, haven or creek, out of 

 which any vessels or ships do proceed to fish for herrings, are hereby 

 authorised and required before the first day of July in the year one 



thousand six hundred sixty-four, and before the first day of 

 518 July in every year after, to appoint for their respective haven, 



port or creek, a competent number of able and experienced 

 packers, to view and pack all such white or red herrings or English 

 catching, as shall be brought into their port, haven or creek, and well 

 and truly to mark and brand the barrels or vessels in which they shall 

 be packed, with such mark or brand as is above directed, and to 

 administer to them yearly an oath, (which oath they are hereby 

 authorized and appointed to give to them) for the well and true doing 

 thereof according to this Act: (4) And in case the said Bailiffs of 

 Great Yarmouth, or the Mayor, Bailiffs, or other head officer for the 

 time being of any such port, haven or creek, shall not appoint and 

 swear such packers before such time in every year, as is by this Act 

 required, they shall for every default forfeit the sum of one hundred 

 pounds of lawful money of England,- one moiety to His Majesty, his 

 heirs and successors, and the other moiety to him or them that shall 

 inform or sue for the same in any Court of Record, by bill, plaint or 

 other action, wherein no essoin, protection or wager in law shall be al- 

 lowed : (5) And for the better regulating of the Island and Westmony 

 fisheries, and preservation of the spawn of fish there, be it enacted, and 

 it is hereby enacted by the authority aforesaid, That from and after 

 the five and twentieth day of December one thousand six hundred 

 sixty-three, no ship or vessel shall proceed upon a fishing voyage for 

 Island and Westmony out of any port, haven or creek in England or 

 Wales, or put of the Port of Berwick upon Tweed until the tenth day 

 of March in any year, upon pain of the forfeiture of every such ship 

 or vessel with all her furniture, tackle and apparel, and of all the fish 

 caught in such ship or vessel: (6) and it is hereby further enacted by 

 the authority aforesaid, That no person or Persons whatsoever do 

 collect, levy or take, or cause to be collected, levied, or taken in New- 

 foundland, any Toll or other duty of or for any Cod or Poor-John or 

 other fish of English catching ; under the Pain of the Loss of double 

 the value of what shall be by them levied, collected or taken, or caused 

 to be collected, levied or taken: (7) and that no Planter, or Other 

 Person or Persons whatsoever, do cast or lay any seine or other net in 

 or near any harbour in Newfoundland, whereby to take the spawn or 

 young fry of the Poor-John, or for any other Use or Uses, except for 

 the taking of bait only; (8) upon Pain of the Loss of all such Seines 

 or Nets, and of the Fish taken in them, or of the value thereof, to be 

 recovered in any of His Majesty's Courts in Newfoundland, or in any 



