940 APPENDIX TO BRITISH CASE. 



which shall be holden in pursuance of the commission of the governor 

 for the time being; and if found guilty of the said offence at such ses- 

 sion, that it shall and may be lawful to and for the said court of 

 session to order such deserter as aforesaid to be detained in prison, 

 without bail or mainprize, for any time not exceeding three months, 

 in case he shall have come from His Majesty's European dominions 

 for the purpose of carrying on the fisheries aforesaid. 



XIII. Provided always, and be it enacted by the Authority afore- 

 said. That it shall and may be lawful for such Governor, within 

 the Space of Three Months, if he shall see fit, or as soon after as 

 conveniently may be, to cause every such Person so having deserted, 

 or agreed to desert, to be put on board a Passage Ship or Vessel, 

 in order to his being conveyed back to the Country to which he be- 

 longed, and for which the Master, or other Person having or taking 

 the Charge or Command of such Ship or Vessel, shall be paid in 

 manner herein after mentioned; and every Master, or other Person 

 having or taking the Charge or Command of such Passage Ship or 

 Vessel, shall be, and is hereby required to take on board such and 

 so many of such Persons as the said Governor shall direct, not 

 exceeding four for each one hundred Tons of the Tonnage of such 

 Ship or V essel, and so in proportion for every such Ship or Vessel 

 under one hundred Tons: Provided nevertheless, That no Person 

 shall be so put aboard of any Ship or Vessel which shall not be of 

 the Burthen of forty Tons: But if any Person or Persons convicting 

 of deserting, or agreeing to desert, as aforesaid, shall not have come 

 from His Majesty s European Dominions for the purpose of carrying 

 on the Fisheries aioresaid, then, and in such Case, that it shall 

 559 and may be lawful for the said Court of Session to commit 

 such Person or Persons to Prison, there to remain without 

 Bail or Mainprize, for any time not exceeding twelve Calendar 

 Months. 



" XIV. And whereas it is of great importance to the trade, manu- 

 facture, and navigation of Great Britain, and of His Majesty's do- 

 minions in Europe, that all trade and mercantile intercourse between 

 His Majesty's subjects, residing or carrying on fishery in the Island 

 of Newfoundland with the subjects of any foreign )tate, should be 

 prohibited : and whereas it is essentially necessary to the preservation 

 of the benefits arising from the fishery aforesaid, to prevent the sale 

 of any ships, vessels, or boats, or of the tackle, apparel, or furniture 

 of the same, and of all and all manner of utensils and implements, 

 which are or may be used in catching and curing fish, and also of all 

 articles and commodities of the growth, produce, and manufacture 

 of the said Island of Newfoundland, to the subjects of any foreign 

 State, or to any other than the subjects of His Majesty, his heirs and 

 successors, and also to prohibit the purchase of any goods or com- 

 modities whatsoever, from the subjects of any foreign State;" be 

 it therefore enacted by the authority aforesaid, That it shall not be 

 lawful for any person or persons, residing in, or carrying on fishery 

 in the said Island of Newfoundland, or on the banks thereof, there to 

 sell, barter, or exchange any ship, vessel, or boat, of what kind or de- 

 scription soever, or any tackle, apparel, or furniture, used, or which 

 may be used by any ship, vessel, or boat ; or any seines, nets, or other- 

 implements or utensils, used, or which may be used, in catching or 

 curing fish, or any kind of bait whatsoever, used, or which may be 



